Bloomberg BNA Quotes Donald Livingston on Departure of EEOC GC Lopez

Akin Gump labor and employment partner Donald Livingston was quoted by Bloomberg BNA’s Daily Labor Report for its article “EEOC General Counsel Lopez to Depart Agency,” on the planned resignation in December by Equal Employment Opportunity Commission GC P. David Lopez.

According to the publication, Lopez is the agency’s first Latino GC and its longest-serving official in that position.

Livingston, himself a former GC at the EEOC, characterized Lopez as a “risk-taker” who “encourages experimentation” by the agency’s regional attorneys, adding that Lopez believes the EEOC is obliged to “take on novel issues” and to develop the law under antidiscrimination statutes such as Title VII, where regional attorneys have been given the freedom not only to question, but also to “push outward the boundaries” on Title VII issues.

He noted that this willingness to take risks has produced both high-profile successes and failures, with the EEOC now “less than an agency that enforces statutory law” and more one “that seeks to influence common law”—a “sea change” in the agency’s legal culture that will endure even after Lopez’ departure.