Possible DOJ Civil Rights Nom Has Argued Both Sides

One of the front-runners to serve as head of the Justice Department’s civil rights division has a history of defending companies against religious, age, and pregnancy discrimination claims made by workers. Jones Day partner Eric Dreiband is reportedly among those being considered by Attorney General Jeff Sessions for the post, which is charged with overseeing the government’s policies on issues like voting rights, police brutality, and transgender rights. Two years ago, Dreiband represented Abercrombie & Fitch before the Supreme Court, in a case where the retailer was sued for refusing to hire a Muslim woman who wore a headscarf that conflicted with the company’s dress code. The Supreme Court ruled 8-to-1 in favor of the Muslim woman. Dreiband has worked for Independent Counsel Kenneth Starr, and as deputy administrator of the Labor Department’s Wage and Hour Division and general counsel of the Equal Employment Opportunity Commission under the Bush administration. While at the EEOC, Drieband was on the other side of a lawsuit against Abercrombie & Fitch, in a 2004 case that alleged the retailer promoted whites at the expense of minorities. That case ended in a settlement that forced the retailer to pay $40 million to black, Hispanic and Asian employees and job applicants. If he is nominated for the position, Lawyers Committee for Civil Rights Under Law president and executive director Kristen Clarke said, “it will be important for the Senate to carefully review his record … because he has been on both sides of civil rights matters.”