It’s not Kalpana Kotagal’s track record that could derail her nomination to the EEOC, but rather concern over what the workplace civil rights agency could do with Democrats in charge, those who oppose her nomination are saying.
High-profile business groups—including the influential West Virginia Chamber of Commerce—have spoken out against her nomination, saying she has the “potential to impede economic growth and opportunity” and has spearheaded “expensive, frivolous litigation.” It’s still unclear whether that will be enough to convince Sen. Joe Manchin (D-W.Va.) and other moderate Democrats to vote against her. The West Virginia senator’s office declined to comment for this article, and Sen. Kyrsten Sinema (D-Ariz.) didn’t respond to multiple requests for comment.
Unknowns aside, the sources of the lobbying against her nomination to the US Equal Employment Opportunity Commission aren’t in management attorney circles—unlike the case of failed Labor Department nominee David Weil—but rather conservative groups targeting left-leaning nominees.
Former Republican EEOC Commissioner Victoria Lipnic said Kotagal is “highly regarded,” even with groups that typically would oppose a more liberal agency agenda. “It’s always more of who controls the voting majority that makes a big difference,” she said.
“You can disagree with her positions, but I think her...
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