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Victoria Lipnic

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Victoria Lipnic
Chair of the Equal Employment Opportunity Commission
Acting
January 25, 2017 – May 15, 2019
PresidentDonald Trump
Preceded byJenny R. Yang
Succeeded byJanet Dhillon
United States Assistant Secretary of Labor for Employment Standards
In office
March 22, 2002 – January 20, 2009
PresidentGeorge W. Bush
Preceded byBernard E. Anderson
Succeeded byShelby Hallmark (acting)
Personal details
Born
Victoria Ann Lipnic

1960 (age 63–64)
Carrolltown, Pennsylvania, U.S.
Political partyRepublican
EducationAllegheny College (BA)
George Mason University (JD)

Victoria Ann Lipnic (born 1960) is an American lawyer and public figure. She served in multiple senior United States government positions. She was Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), nominated to two terms by President Barack Obama, 2010 – 2020.) She served as Chair (Acting) of the EEOC under President Donald J. Trump from 2017 – 2019. Prior to her appointments to the EEOC, she was Assistant Secretary of Labor under President George W. Bush. The United States Senate confirmed her unanimously to each of these positions.

Early life

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Lipnic was born and raised in Carrolltown, Pennsylvania,[1] where her late father Ed Lipnic was a teacher and long-serving mayor.[2]

Lipnic has a bachelor's degree in Political Science and History from Allegheny College and a JD degree from George Mason University School of Law.[2] In 2016, Allegheny College conferred upon her the honorary degree of Doctor of Humane Letters.[3]

Career

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In March 2002, Lipnic joined the U.S. Department of Labor (DOL) as Assistant Secretary for Employment Standards.  The Employment Standards Administration (ESA) was the largest agency of the DOL with more than 4,000 employees around the country and a $5 billion budget. ESA consisted of the Wage and Hour Division, the Office of Federal Contract Compliance Programs, the Office of Labor Management Standards, and the Office of Worker’s Compensation Programs. She was responsible for administering and enforcing some of the Nation’s most significant Federal labor and employment laws including the Fair Labor Standards Act, the Family and Medical Leave Act, migrant farm worker provisions, worker’s compensation benefits to certain employees injured on the job, including the Black Lung program, the non-discrimination and equal employment opportunity by federal contractors and sub-contractors; and the laws ensuring the fiscal responsibility and democracy in most labor organizations.  As Assistant Secretary she oversaw revisions to the Family and Medical Leave Act regulations to include the first-ever military family leave provisions[4] and had OFCCP issue the first ever regulatory standards to address compensation discrimination.[5]

Before joining the EEOC in 2010, Lipnic was counsel at the international law firm of Seyfarth Shaw LLP in Washington, D.C.[6] In November 2016, it was widely speculated that Lipnic might become U.S. Secretary of Labor in the Trump Administration.[7] President Trump eventually nominated businessman Andrew Puzder,[8] who later withdrew his nomination, due to lack of votes in the Senate to confirm him. President Trump named Lipnic Acting Chair of the EEOC on January 25, 2017.[9]

At the EEOC, Lipnic was known for her bipartisan leadership,[10] independent thinking, being the swing vote,[11] and as a champion for preventing sexual harassment in the workplace.[12] She co-chaired the EEOC’s Select Task Force on the Study of Harassment in the Workplace and co-authored its Report, along with fellow Commissioner Chai R. Feldblum.[13]  Their report was hailed as prescient as they issued it in June 2016, 16 months before the major press reporting, in the fall of 2017, about sexual harassment that launched the #MeToo movement. [14] As leader of the EEOC during #MeToo, she doubled-down on the agency’s enforcement of harassment cases[15][16] launched new anti-harassment training, known as “Respectful Workplaces,”[17] as part of the agency’s education and outreach efforts, reconvened the Select Task Force,[18] and held a public Commission meeting about further ways to prevent harassment at work.[19][20] She testified before Congress about recommendations from the Select Task Force when Congress was looking to revise its internal policies and procedures on preventing harassment and again on the topic before the Bi-Partisan Congressional Women’s Caucus.[21]


Case dumping while at the EEOC

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Lipnic's time at the EEOC was marred by allegations of case dumping. According to the AFGE (American Federation of Government Employees), the labor union representing agency investigators, under Lipnic's tenure, the EEOC closed over 12,000 cases summarily, violating the due process rights of aggrieved parties.[22] Figures from FEDweek, reported that as many as 70,000 cases were closed in this manner.[23] On June 14, 2019, Vox, in partnership with the Center for Public Integrity, reported on ongoing practices at the EEOC, in which cases were being closed prior to investigations.[24][25] The period in which this took place coincided with the Me Too movement.

Support for LGBT protections

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During her decade at the EEOC, the Commission advanced civil rights protections in employment for LGBT individuals.[26] Early in the Trump administration, as Acting Chair, she made it clear the EEOC would continue to strongly enforce the federal EEO laws and keep advocating for federal anti-discrimination protection for LGBT workers. This put her at odds with the Trump administration’s roll-back of such protections.[27]  When the Trump administration’s Department of Justice (DOJ) filed briefs before the United States Supreme Court reversing the EEOC’s position to protect LGBT workers, Lipnic’s vote on the Commission prevented the EEOC from joining the DOJ brief.[28] In June 2020, the United States Supreme Court issued a landmark decision, adopting the EEOC’s position and extending workplace protections to LGBT workers under Title VII of the Civil Rights Act of 1964.[29]

Age discrimination

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Lipnic put a focus on age discrimination during her time at the Commission,[30] recognizing it as a significant issue for many workers.[31]   As Acting Chair, she led an agency hearing on age bias,[32] and issued a major report on the Age Discrimination in Employment Act (ADEA) on its 50th anniversary.[33]  AARP recognized her for calling attention to the issue.[34]

References

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  1. ^ CQ Press (9 October 2015). Federal Regulatory Directory. SAGE Publications. p. 331. ISBN 978-1-4833-8479-5.
  2. ^ a b "Victoria A. Lipnic, Commissioner". Eeoc.gov. Archived from the original on 2020-04-21. Retrieved 2016-11-11.
  3. ^ "Allegheny Magazine Summer 2016". Issuu. 23 August 2016. Retrieved 2020-11-30.
  4. ^ "U.S. Department of Labor final rule will expand FMLA for military families and clarify rules for workers and employers | U.S. Department of Labor". www.dol.gov. Retrieved 2020-11-30.
  5. ^ "Victoria A. Lipnic Becomes EEOC Commissioner | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  6. ^ "Seyfarth Shaw", Wikipedia, 2020-11-22, retrieved 2020-11-30
  7. ^ Hesson, Ted (10 November 2016). "Clinton's union problem". POLITICO. Retrieved 2020-11-30.
  8. ^ "Andrew Puzder", Wikipedia, 2020-10-26, retrieved 2020-11-30
  9. ^ "President Appoints Victoria A. Lipnic EEOC Acting Chair | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  10. ^ "Bloomberg Law". news.bloomberglaw.com. Retrieved 2020-11-30.
  11. ^ "Bloomberg Law". news.bloomberglaw.com. Retrieved 2020-11-30.
  12. ^ "Bloomberg Law". news.bloomberglaw.com. Retrieved 2020-11-30.
  13. ^ "EEOC to Hold Public Meeting on Proposed Reboot of Harassment Prevention Efforts | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  14. ^ Kantor, Jodi; Twohey, Megan (2017-10-05). "Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades (Published 2017)". The New York Times. ISSN 0362-4331. Retrieved 2020-11-30.
  15. ^ "EEOC Files Seven More Suits Against Harassment | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  16. ^ "EEOC Files Seven Suits Against Harassment | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  17. ^ "EEOC Launches New Training Program On Respectful Workplaces | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  18. ^ "EEOC Reconvenes Select Task Force on Study of Harassment in the Workplace | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  19. ^ "Meeting of October 31, 2018 - Revamping Workplace Culture to Prevent Harassment | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  20. ^ "EEOC Hearing on Sexual Harassment Prevention Strategies, Part 2 | C-SPAN.org". www.c-span.org. Retrieved 2020-11-30.
  21. ^ "Congress to Explore Sexual Harassment in the Service Industry". Roll Call. 19 March 2018. Retrieved 2020-11-30.
  22. ^ "AFGE | Page Not Found". www.afge.org. {{cite web}}: Cite uses generic title (help)
  23. ^ "EEOC Lowers Backlog; Union Raises Eyebrows". 15 November 2017.
  24. ^ Jameel, Maryam (June 14, 2019). "More and more workplace discrimination cases are being closed before they're even investigated". Vox.
  25. ^ "What My Years at EEOC Have Taught Me, If the Agency Would Listen by Sharon Baker" (PDF).
  26. ^ "Federal Sector Cases Involving Transgender Individuals | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  27. ^ "Bloomberg Law". news.bloomberglaw.com. Retrieved 2020-11-30.
  28. ^ "Bloomberg Law". news.bloomberglaw.com. Retrieved 2020-11-30.
  29. ^ "High Court Says Title VII Protects Gay, Trans Workers - Law360". www.law360.com. Retrieved 2020-11-30.
  30. ^ "EEOC's Lipnic Recalls #MeToo Progress, Equal Pay Regrets - Law360". www.law360.com. Retrieved 2020-11-30.
  31. ^ Gosselin, Peter (17 May 2018). "Federal Watchdog Launches Investigation of Age Bias at IBM". ProPublica. Retrieved 2020-11-30.
  32. ^ "Meeting of April 5, 2017 - EEOC to Examine the State of the Workforce and the Future of Work | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  33. ^ "The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA) | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-11-30.
  34. ^ "Victoria Lipnic Fights Age Discrimination at the EEOC". AARP. Retrieved 2020-11-30.
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