Epstein Becker Green's Annual Workforce Management Briefing was featured in Law360, in “3 Things to Watch After Feds Split on Trans Worker Rights,” by Vin Gurrieri. (Read the full version – subscription required.)
Following is an excerpt:
Acting EEOC Chair Victoria Lipnic, who touched on the DOJ’s brief during an appearance Thursday at a client conference in Manhattan hosted by law firm Epstein Becker Green, told Law360 after the event that the agency won't be filing an amicus brief of its own volition. While Lipnic expressed uncertainty about whether the justices could invite the agency to file a brief separate from the one filed by the DOJ, she said such a request would likely be “unprecedented.”
“This is beyond my Supreme Court practice expertise. I’m not an expert on that,” Lipnic said. “What the Supreme Court would do is what they call ‘ask for the views of the solicitor general.’ The Harris Funeral case was our case, so the Justice Department had to file something saying, ‘Here’s what we recommend you do.’”
“I suppose the Supreme Court could ask [the EEOC to file a brief], but that sounds like it would be really unprecedented,” Lipnic added. “But given the statute is clear [that] the solicitor general speaks for us at the Supreme Court … I can’t imagine that they would do that.”