Kalpana Kotagal
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Kalpana Kotagal is an American employment attorney who is a commissioner of the Equal Employment Opportunity Commission.


Education

Kotagal earned a dual Bachelor of Science and Bachelor of Arts degree from
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
and a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the University of Pennsylvania Law School in 2005.


Career

Kotagal served as a law clerk for Judge
Betty Binns Fletcher Betty Binns Fletcher (March 29, 1923October 22, 2012) was an American lawyer and judge. She served as a United States circuit judge of the San Francisco-based United States Court of Appeals for the Ninth Circuit between 1979 and 2012. Fletcher wa ...
. She later joined
Cohen Milstein Cohen Milstein is an American plaintiffs' law firm that engages in large-scale class action litigation. The firm filed a number of lawsuits against Donald Trump during and after his presidency, including a lawsuit which successfully blocked the Tr ...
, where she has since worked as a partner. Kotagal was also a Wasserstein Public Interest Fellow at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
. She specializes in employment law, Title VII, the Equal Pay Act of 1963, and diversity, equity, and inclusion. Kotagal is also known for co-creating the concept of the
inclusion rider An inclusion rider or equity rider is a provision in an actor's or filmmaker's contract that provides for a certain level of diversity in casting and production staff. For example, the rider might require a certain proportion of actors or staff ...
, a legal stipulation that has become popular to include in entertainment industry contracts. Kotagal has represented workers in civil rights and employment class actions, including litigation against
Sterling Jewelers Sterling Jewelers, Inc. is an American specialty jewelry company headquartered in Akron, Ohio. The company was founded in 1910 by Henry Shaw (the father of Jerry Shaw, the chairman emeritus of Sterling today), from LeRoy's Jewelers in Lorain, O ...
alleging gender bias in pay and promotions and litigation against
AT&T Mobility AT&T Mobility LLC, also known as AT&T Wireless and marketed as simply AT&T, is an American telecommunications company. It is a wholly owned subsidiary of AT&T Inc. and provides wireless services in the United States. AT&T Mobility is the thi ...
alleging pregnancy discrimination. She also represented female Walmart employees in ''
Dukes v. Wal-Mart ''Wal-Mart v. Dukes'', 564 U.S. 338 (2011), was a United States Supreme Court case in which the Court ruled that a group of roughly 1.5 million women could not be certified as a valid class of plaintiffs in a class-action lawsuit for employment d ...
'', and has continued to represent workers in individual cases against Walmart. In 2021, Kotagal and the Transgender Legal Defense and Education Fund concluded negotiations with Aetna that ensured access to breast augmentation surgery for
transfeminine A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
policyholders. Kotagal frequently writes and speaks on diversity, equity, and inclusion topics for general audiences. Her articles have appeared in outlets including '' The Washington Post'', ''The Hill'', and
Refinery29 Refinery29 (R29) is an American multinational digital media and entertainment website focused on young women. It is owned by Vice Media. History Justin Stefano, Philippe von Borries, Piera Gelardi, and Christene Barberich co-founded Refinery29 i ...
. She appeared in the 2018 documentary film ''This Changes Everything''. Kotagal serves on the Advisory Board of University of Pennsylvania Law School's Office of Equity & Inclusion, as well as the Board of Directors of public interest legal organizations A Better Balance and Public Justice.


EEOC confirmation

In April 2022, Kotagal was nominated to be a commissioner of the EEOC to replace Republican commissioner Janet Dhillon. Her nomination was held up because it was deadlocked in the Senate’s Health, Labor, Education, and Pensions Committee; but the 1 seat majority Democrats secured in 2023 allowed her nomination to move out of committee by a 1-vote margin. Because Sen. Joe Manchin (D-WV) opposed her nomination, the vote to invoke cloture to allow her nomination to proceed was tied at 50-50, and Vice President Kamala Harris had to break the tie, thus tying the record for the most tie-breaking votes ever cast by vice-president. Manchin opposed her nomination because “Ms. Kotagal does not represent West Virginia values and would prioritize a partisan agenda over creating commonsense, bipartisan solutions that bring our nation forward,” he said. Republicans also unanimously opposed her nomination. Sen. Ted Cruz (R-TX) wrote "Based on Kotagal’s record I think she will use her position to attack religious liberty and force her politics on Texas companies." Her addition as an EEOC Commissioner gave Democrats a majority on the five-member panel.


Personal life

Kotagal lives in Cincinnati with her husband, Wyatt King, and two sons.


References

{{DEFAULTSORT:Kotagal, Kalpana Living people Lawyers from Cincinnati Ohio lawyers Stanford University alumni University of Pennsylvania Law School alumni American lawyers Year of birth missing (living people) Equal Employment Opportunity Commission members