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Full text of "Nomination : hearing of the Committee on Labor and Human Resources, United States Senate, One Hundred Third Congress, second session, on Gilbert F. Casellas, of Pennsylvania; Paul M. Igasaki, of California; and Paul Steven Miller, of California, to be members of the Equal Employment Opportunity Commission, July 21, 1994"

S. Hrg. 103-719 

NOMINATION 



Y4.L 11/4: S.Hrg. 103-719 

Nonination, S.Hrg. 103-719, 103-2 H. . 



HEARING 

OF THE 

COMMITTEE ON 

LABOR AND HUMAN RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED THIRD CONGRESS 
SECOND SESSION 

ON 

GILBERT F. CASELLAS, OF PENNSYLVANIA; PAUL M. IGASAKI, OF CALI- 
FORNIA; AND PAUL STEVEN MILLER, OF CALIFORNIA, TO BE MEM- 
BERS OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 



JULY 21, 1994 



Printed for the use of the Committee on Labor and Human Resources 







- 1 



U.S. GOVERNMENT PRINTING OFFICE 
82-902 CC WASHINGTON : 1994 



For sale by the U.S. Government Printing Office 
Superintendent ot Documents. Congressional Sales Office. Washington. DC 20402 
ISBN 0-16-045819-6 




S. HRG. 103-719 

NOMINATION 



Y4.L 11/4: S.Hrg. 103-719 

Nonination, S.Hrg. 103-719, 103-2 H. . . 

HEARING 

OF THE 

COMMITTEE ON 

LABOR AND HUMAN RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED THIRD CONGRESS 
SECOND SESSION 

ON 

GILBERT F. CASELLAS, OF PENNSYLVANIA; PAUL M. IGASAKI, OF CALI- 
FORNIA; AND PAUL STEVEN MILLER, OF CALIFORNIA, TO BE MEM- 
BERS OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

JULY 21, 1994 



Printed for the use of the Committee on Labor and Human Resources 




* 



U.S. GOVERNMENT PRINTING OFFICE 
82-902 CC WASHINGTON : 1994 



For sale by the U.S. Government Printing Office 
Superintendent of Documents. Congressional Sales Office. Washington. DC 2i 41 »2 
ISBN 0-16-045819-6 



82-902 



COMMITTEE ON LABOR AND HUMAN RESOURCES 
EDWARD M. KENNEDY, Massachusetts, Chairman 
CLAIBORNE PELL, Rhode Island NANCY LANDON KASSEBAUM, Kansas 

HOWARD M. METZENBAUM, Ohio JAMES M. JEFFORDS, Vermont 

CHRISTOPHER J. DODD, Connecticut DAN COATS, Indiana 

PAUL SIMON, Illinois JUDD GREGG, New Hampshire 

TOM HARKIN Iowa STROM THURMOND, South Carolina 

BARBARA A. MIKULSKI, Maryland ORRIN G. HATCH, Utah 

JEFF BINGAMAN, New Mexico DAVE DURENBERGER, Minnesota 

PAUL D. WELLSTONE, Minnesota 
HARRIS WOFFORD, Pennsylvania 

NICK LnTLEFlELD, Staff Director and Chief Counsel 
SUSAN K. HaTTAN, Minority Staff Director 

(II) 



NOMINATION 



THURSDAY, JULY 21, 1994 

U.S. Senate, 
Committee on Labor and Human Resources, 

Washington, DC. 

The committee met, pursuant to notice, at 10:25 a.m., in room 
SD-430, Dirksen Senate Office Building, Senator Paul Simon, pre- 
siding. 

Present: Senators Simon, Harkin, Wofford, and Kassebaum. 

Opening Statement of Senator Simon 

Senator Simon [presiding]. We are pleased to hold a confirmation 
hearing today on nominees for the Equal Employment Opportunity 
Commission. I apologize first to the nominees for getting here late; 
I had to introduce a nominee for the Federal judgeship from my 
State before the Senate Judiciary Committee. 

Before I make my opening statement, I will note the presence 
here of Senator Wofford, who has been a champion in this field for 
a long time. I might mention that I was invited by Martin Luther 
King in 1957 to speak for the second anniversary of the bus boycott 
in Montgomery, AL, and when I got down to Montgomery, there 
was a young attorney there, helping in the cause, by the name of 
Harris Wofford. Little did either of us think that we would be serv- 
ing together in the U.S. Senate some years later. 

[The prepared statement of Senator Simon follows:] 

Prepared Statement of Senator Simon 

I am proud to chair the confirmation hearing of Gilbert Casellas, 
Paul Igasaki, and Paul Miller to be members of the Equal Employ- 
ment Opportunity Commission (EEOC). This confirmation hearing 
is important as the EEOC has such a profound role in ensuring 
that all our citizens are secure in their fundamental right to be 
protected against unfair discrimination. 

Two years ago I held an oversight hearing before the Subcommit- 
tee on Employment and Productivity. By the close of that hearing, 
I and many others concerned about equal employment opportunity, 
were greatly disturbed by the serious lack of leadership and the 
road the agency was headed down. I made a commitment to hold 
regular oversight hearings; however, held off from doing so until 
the new administration made its nominations to the Commission. 
The wait was long, but worth it. 

The agency is in trouble. It is going to take bold initiatives, tough 
choices, and a strong commitment to restore confidence in the 

(1) 



agency not only among members of the public, but among EEOC 
personnel as well. 

There is much work to be done regarding enforcement and the 
day-to-day workings of the agency, but equally important is the 
leadership role the EEOC and Commissioners must play in helping 
to heal racial and ethnic tensions. A recent landmark survey of mi- 
nority views toward whites and one another highlights the gulf of 
difference between Americans. It found 60 percent of Latinos, 57 
percent of Asian Americans, and 80 percent of African Americans 
believe they did not have as equal an opportunity as whites be- 
cause of prejudice — while whites believe that "minorities have 
ample opportunities." Yet, the survey also reported that a majority 
of Americans, regardless of ethnic or racial background, support af- 
firmative action programs in hiring and promotion. 

Many in our Nation do not understand the importance of the 
EEOC and are fearful of its mission or mistakenly view it as only 
for African Americans. As Commissioners, you have a great oppor- 
tunity to make a positive difference in peoples lives. And, although 
the task before you may seem daunting, there are many who are 
willing to help, so I encourage you to reach out to all constitu- 
encies. 

I am hopeful that the Senate will take swift action to confirm the 
nominees so that they can begin the difficult work ahead of them. 
I will continue to fulfill my commitment to do regular oversight 
hearings, so expect to receive an invitation early next year to come 
back before the committee to share with us what improvements 
you have made. 

I look forward to the testimony from all the witnesses. 

Senator Dodd is unable to attend the committee hearing today 
because he is introducing Judge Jose Cabranes at a Judiciary Com- 
mittee hearing. However, he wanted the survey results and rec- 
ommendations of "Revitalizing the EEOC," by 9 to 5, National As- 
sociation of Working Women to be brought to the attention of the 
committee and also wanted to know if you [nominees] had seen it 
and had thoughts on how the EEOC could be made more respon- 
sive to working women. He also asks that the report be included 
in the record. 

[The report referred to appears at the end of the hearing record.] 

Senator Simon. Senator Wofford, would you like to say a few 
words? 

Senator Wofford. Senator Simon, I guess I reflect the propo- 
sition that it is earlier than you think, since I have this oppor- 
tunity to serve with you this way beginning at age 65. 

It is a special honor for me today to be able to say a few words. 
Actually, I think I will yield to my senior Senator 

Senator Specter. No; go ahead. 

Senator Wofford. Well, I think you are probably going to go 
over more of the details. Go right ahead, Arlen. I was just into the 
first words. 

Senator Specter. I have heard your entire presentation, and I 
am not going to interrupt you, Senator Wofford. 

Senator Simon. Are you always this differential to each other? 

Senator Specter. No, we are not. [Laughter.] 



Senator Wofford. For the sake of Pennsylvania, we stand to- 
gether on most things. 

Senator Simon. We are pleased to be joined here by Senator 
Specter. I gather, Senator Specter, you will have the opening words 
here. 

STATEMENT OF HON. ARLEN SPECTER, A U.S. SENATOR FROM 
THE STATE OF PENNSYLVANIA 

Senator Specter. I am delighted to join my colleague, Senator 
Wofford, in the presentation to this committee of Mr. Gilbert F. 
Casellas for the position of chairman of EEOC. 

Mr. Casellas comes to this position with a very distinguished 
record, currently serving as general counsel to the Department of 
the Air Force. He is a graduate of Yale University, B.A., with a 
legal degree from the University of Pennsylvania Law School, 
where he was an Arthur Littleton legal writing teaching fellow — 
a program named for a very, very distinguished Philadelphia law- 
yer. He then clerked for Judge Higginbotham on the 3rd Circuit. 
He was a partner in Montgomery, McCracken, Walker and Rhoads, 
a law firm founded by Justice Owen Roberts many years ago, and 
Mr. Casellas was in the litigation department there. He served on 
the House of Delegates of the American Bar Association; was chair 
of the Board of Governors of the Philadelphia Bar Association. He 
has been the national president of the Hispanic National Bar Asso- 
ciation and I think brings a very diversified background to this 
very important position. 

EEOC has a tremendous responsibility in our present society to 
guarantee fairness in employment opportunities in America. Mr. 
Casellas is in the chain of title of another very distinguished Phila- 
delphian, Bill Brown, who was chairman of EEOC 2 decades ago. 
Bill Brown had been a very distinguished deputy in my district at- 
torney's office. So I am delighted to be here to join in this presen- 
tation and to urge favorable action by this committee. 

Thank you. 

Senator Simon. Thank you. 

I understand Mr. Brown is with us here today. We are very 
pleased to have you here. Thank you. 

Mr. Brown. Thank you. Senator. 

Senator Specter. I did not know that Bill Brown was in the au- 
dience, or I would not have said so many good things about him. 
[Laughter.] 

Mr. Brown. I will take it anyhow. 

Senator Specter. I tried to get him to run for mayor of Philadel- 
phia a couple of years ago, and I am still trying. 

Senator Simon. Senator Wofford. 

STATEMENT OF HON. HARRIS WOFFORD, A U.S. SENATOR 
FROM THE STATE OF PENNSYLVANIA 

Senator Wofford. Senator Simon, I have to salute Bill Brown, 
too; I was in his law firm. And in a sense, I am proud to be in the 
law firm writ large of Gilbert Casellas. 

He is now a distinguished son of Pennsylvania, but he comes 
from Tampa, FL, with roots in a hard-working family, the son of 
a letter carrier and a factory seamstress. He went to a Catholic 



school that was segregated in those days. Because of his high aca- 
demic achievement, he received a scholarship to Yale. So that in 
a true sense, all of the things that Senator Specter just said and 
that you will hear about Gil Casellas show that he has achieved 
so much, but he has also been afforded the opportunity to achieve, 
and he is dedicated to see that that will happen for every America. 

I would like to recognize and welcome Gil's family — his wife Ada 
and his daughter Marisa Astride, and the friends who are here in 
abundance. 

This is an important nomination, and I have to add it has been 
a long time coming. Senator Kassebaum and I were just talking a 
little while ago about time it takes for some of our nominations to 
move forward. 

Gil said — I think if I heard you right, Gil, you said it took longer 
for the confirmation process for general counsel at the Pentagon 
than you were able to serve there before the President, with my 
strong endorsement, moved to nominate you to head the Equal Em- 
ployment Opportunity Commission. That was a very wise selection, 
and the country will see that. We will see that we have picked a 
man to lead this agency, a very vital agency, who has been success- 
ful at opening the doors of what Martin Luther King called "the 
great vault of opportunity." Now it must be for all Americans. 

Mr. Casellas has been an active-duty citizen of Philadelphia, 
where he has been for the past 20 years. He has served on an im- 
portant list of civic and community activities that includes the 
Board of Trustees for the Philadelphia Bar Foundation; the United 
Way of Southeastern Pennsylvania; Community Legal Services; 
and the Mayor's Commission on Puerto Rican and Latino Affairs. 

As chair of the Equal Employment Opportunity Commission, he 
will be able to share with the Nation what we in Pennsylvania 
have learned and what we know — his commitment to equality, to 
opportunity, and to justice. 

Once confirmed, he has a difficult task, because charges of em- 
ployment discrimination filed by the Equal Employment Oppor- 
tunity Commission have increased significantly over the past few 
years, and with the enactment of the Americans with Disabilities 
Act, the task of enforcing civil rights protections has been extended 
to over 43 million other Americans. 

Although our Nation has changed significantly since the Com- 
mission opened its door on July 2, 1965—1 was there to celebrate 
that — the charge of eliminating discrimination is no less important 
today. And I commend the President for this nomination, and I 
wish Gil Casellas well, as well as the two Pauls who are about to 
come before you as new members. This is a triple-hitter with Paul 
Simon and also Paul Miller and Paul Igasaki. 

I look forward to this team, including you and me and Senator 
Specter supporting them, making great progress in this country. 

Senator Simon. We thank you both. You are welcome to stay, but 
we understand the schedule problems. 

I see Senator Boxer and Congressman Mineta have come in. If 
they wish to come forward ana present their nominee, they are 
welcome to do that now. 

Senator Boxer. Mr. Chairman, I have asked Congressman Mi- 
neta to speak first. He is speaking about one nominee, and I have 



combined my presentation to cover both. Is that all right with you 
and Senator Kassebaum? 

Senator SlMON. That is a deference that is unusual here, I would 
say to Congressman Mineta. 

Congressman. 

STATEMENT OF HON. NORMAN Y. MINETA, A REPRESENTA- 
TIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Mr. Mineta. And I appreciate the opportunity of being here with 
my very, very fine friend and colleague from California. 

Mr. Chairman, it really is an honor for me to have this oppor- 
tunity to appear before your panel with you and Senator Kasse- 
baum. I appreciate this opportunity to be here, and I really have 
tremendous respect for my colleague and fellow Californian, Sen- 
ator Barbara Boxer. We are jointly introducing to you the Presi- 
dent's nominee for the vice chairmanship of the Equal Employment 
Opportunity Commission, Paul Igasaki. 

As you are very well aware, Mr. Chairman, the Equal Employ- 
ment Opportunity Commission has one of the most important jobs 
in our Federal Government, and that is to ensure that the civil 
rights laws prohibiting discrimination in the workplace are strong- 
ly and effectively enforced. 

For myself, I can say that the President could not possibly have 
made a better choice than Paul Igasaki for EEOC vice chair. Paul 
has virtually spent his entire career in an effort to make this a 
more fair and more just Nation. 

Currently, Paul is executive director of the Asian Law Caucus, 
a San Francisco-based civil rights and advocacy organization with 
which I have worked very closely over many years. The Law Cau- 
cus is truly one of the premier civil rights organizations in the 
Asian-Pacific American community, and Paul's leadership there 
has been outstanding. 

When he came onboard at the Law Caucus, Paul brought with 
him a wealth of experience in the field of civil rights and legal ad- 
vocacy. As director of the American Bar Association's Private Bar 
Involvement Project, and as the ABA's pro bono coordinator, Paul 
dedicated his efforts to expanding the resources that are available 
to legal services agencies and the pro bono programs of State and 
local bar associations. 

Then, as the Washington representative of the Japanese Amer- 
ican Citizens' League, Paul was an advocate for the Civil Rights 
Act of 1991, immigration reform, issues of discrimination against 
Asian Pacific Americans in higher education, and on securing fund- 
ing for the Civil Liberties Act of 1988, legislation that apologized 
and offered reparations to Americans of Japanese ancestry interned 
by the United States Government during the Second World War. 

Mr. Chairman, I have worked closely with Paul during all of 
these efforts, and I can personally vouch for his skill, his integrity, 
his intelligence and his dedication to equal justice for all Ameri- 
cans. I hope that you and the members of the committee will give 
him every consideration and will quickly recommend his confirma- 
tion to the full Senate. 

Thank you very, very much, Mr. Chairman. 



Senator SlMON. We thank you very much for joining us. I might 
mention to Senator Boxer that Norm Mineta and I were elected to 
the House in the same year, back 20 years ago. 

Mr. Mineta. It was 19-aught-74. [Laughter.] 

Senator Simon. Yes. Senator Boxer. 

STATEMENT OF HON. BARBARA BOXER, A VS. SENATOR FROM 

THE STATE OF CALIFORNIA 

Senator BOXER. Mr. Chairman, thank you. It is indeed an honor 
to be here with my friend and colleague whom I served with in the 
House for 10 very happy years, and it is wonderful to be working 
with him as we talk to you about a couple of wonderful California 
nominees for this Commission. 

Mr. Chairman and Senator Kassebaum, I am very honored to be 
here today to introduce two of the President's nominees to the 
EEOC. This is a proud day for California. Joining together from op- 
posite ends of our great State, Paul Igasaki and Paul Steven Miller 
will use their leadership, their intellect, their experiences and their 
vision to breathe new life into this very important agency. 

Paul Igasaki serves as executive director of the Asian Law Cau- 
cus in San Francisco and as the Washington, DC. representative 
for the Japanese American Citizens' League. Paul Igasaki has 
fought battle after battle to ensure that all Americans have access 
to the American dream. 

As we remember, the legislative battle to adequately redress in- 
terned Japanese Americans took a decade, and Paul Igasaki, whose 
parents met at an internment camp, was there, fighting, every step 
of the way. 

While attending UC-Davis Law School, he educated people and 
built consensus around that difficult issue. Years later, as vice 
president of the Chicago Asian American Bar Association, he was 
still organizing at the grassroots, bringing together Japanese 
Americans who had lived in the camps and working with all races 
to lobby their elected officials and ultimately pass the Civil Lib- 
erties Act of 1988, which many of us went through that battle. 

Paul Steven Miller's record and victories are equally impressive, 
Mr. Chairman. As he got ready to begin his career in the law, he 
looked to California. Mr. Miller knew about the diversity of our 
State. He knew that the disability rights movement was born and 
thrived in California, and he wanted to use his legal training to 
make a difference not only for people with disabilities, but for all 
Americans. 

Before coming to Washington work for the administration, Paul 
Miller used his skills, his convictions and his life experiences to 
excel as a litigator in private practice, and as director of litigation 
at Loyola Law School's Western Law Center for Disability Rights 
in Los Angeles. It was there at Loyola that he met a young girl 
from Central America who needed his help. She had been shot in 
her Los Angeles home by gang members who were targeting an- 
other family. When the spray of bullets ended, one had lodged 
within her spine, and this young girl was left a quadriplegic. 

The family wanted to stay close together and have the young girl 
attend school with her brother in Los Angeles. For most children, 
this would not be a problem, but the school was not wheelchair-ac- 



cessible as yet, and worse, it was not willing to do anything to 
change it. 

That is where Paul Miller came in. He worked hard on her case. 
He filed a class action suit against the school district, and because 
of him, the Los Angeles Unified Schools are now accessible to this 
brave young woman and to all students with disabilities. 

I bring up examples like this for both nominees because I think 
they shed light on their ability to roll up their sleeves and get the 
job done. And I bring up these examples because I think they are 
indicative of the kind of leadership that I know Paul Igasaki and 
Paul Miller will exert at the EEOC. 

Again, Mr. Chairman, I want to congratulate these two wonder- 
ful nominees and thank you and Senator Kassebaum for giving us 

this time. 

I would ask unanimous consent that a fuller statement be placed 
in the record in behalf of these two nominees. 

Senator Simon. Your fuller statement will be placed in the 
record, and we thank both of you for being here. 

Senator Boxer. Thank you very much. 

[The prepared statement of Senator Boxer follows:] 

Prepared Statement of Senator Boxer 

Mr. Chairman and members of the committee, I am very honored to be here today 
to introduce two of the President's nominees to the Equal Employment Opportunity 
Commission (EEOC). ' 

This is a proud day for California. Joining together from opposite ends ot our 
great State, Paul Igasaki and Paul Steven Miller will use their leadership, their in- 
tellect, their experiences and their vision to breathe new life into this important 
agency. 

Paul Igasaki's grandfather was the first Japanese American to graduate from 
USC Law School and his parents met while preparing to enter the internment 
camps in California. He gathered up his family's personal experiences and his dedi- 
cation to and expertise with civil rights issues and he moved to California to work 
with our diverse and vibrant Asian Community to create change and opportunity 
for all people. 

As Paul Miller got ready to begin his career in law, he too looked to California. 
Mr. Miller knew about the rich diversity of our State and, as a person with a dis- 
ability, he relished the idea of living in a place where he believed he would be 
judged on his merits. He also knew that the disability rights movement was born 
and thriving in California and he wanted to use his legal training to make a dif- 
ference not only for people with disabilities, but for all Americans who bump up 
against a system that all too often shuts them out and says it can't be done. 

In Paul Igasaki and Paul Miller, the President has nominated two leaders who 
not only understand the meaning of discrimination, but have dedicated their lives 
to stamping it our whenever and wherever it rears its ugly head. 

Whether serving in his current post as executive director of the Asian Law Cau- 
cus in San Francisco, CA or acting as the Washington, DC representative for the 
Japanese American Citizens League, Paul Igasaki has worked hard to open the sys- 
tem and level the playing field for all Americans. 

He was a Community Liaison at the Chicago Commission on human Relations, 
a staff attorney with Legal Services of Northern California and is currently the co- 
chair of the Civil Rights Committee of the American Bar Association's section on 
individual rights and their coordinating committee on immigration law. 

Mr. Millers record is equally impressive. With an extraordinary mix of legal, aca- 
demic and political experience, Paul Miller has worked hard to open the doors of 
our institutions and the eyes of all Americans. He is currently the director of the 
Disability Outreach Program at the White House's office of Presidential Personnel 
and the deputy director of the VS. Office of Consumer Affairs. 

Before coming to Washington, DC, Paul Steven Miller used his skills and his life 
experiences to excel as a litigator at the prestigious Los Angeles law firm of Manatt, 
Phelps, Phillips and Kantor and as a law professor and director of litigation at Loy- 
ola Law School's Western Law Center for Disability Rights in Los Angeles, CA. 



8 

But, as is often the case, the impressive resumes of these two men tell only half 
the story. 

Mr. Igasaki and Mr. Miller don't just talk about the need to end discrimination. 
They roll up their sleeves and get to work— creating real change for real people. 

A few years ago, a young girl who had recently come from Central America was 
shot in her Los Angeles home by gang members who were targeting another family. 
When the spray of bullets had ended, one had lodged within her spine and this 
young girl was left a quadriplegic. The family wanted to stay close together and 
have the young girl attend school with her brother in Los Angeles. For most chil- 
dren, this wouldn't be a problem. But the school was not wheelchair accessible and, 
worse yet, it wasnt willing to do anything to change that. 

That's where Paul Miller came in. He worked hard on her case, he filed a class- 
action suit against the school district and because of him, the LA. Unified Schools 
are now accessible to this brave young woman and to all students with disabilities. 

These types of battles and victories are an integral part of Paul Igasaki's life as 
well. The legislative battle to adequately redress interned Japanese Americans took 
a decade and Paul Igasaki was there fighting it every step of the way. While attend- 
ing UC Davis law School, he worked in Sacramento, CA, fighting at the grassroots 
to educate people and build consensus about the issue. 

Years later, as the vice president of the Chicago Asian American Bar Association, 
he was still organizing at the grassroots, brining together Japanese Americans who 
had lived in the camps with organizations representing groups of all races to lobby 
their elected officials and ultimately pass the Civil Liberties Act of 1988. 

I bring up these two examples because I think that they shed light on the dimen- 
sions, the skills and the convictions of the nominees that you have before you. And 
I bring up these examples because I think they are indicative of the kind of leader- 
ship that I know Paul Igasaki and Paul Miller will exert at the EEOC. 

When we confirm these two fine leaders, California's loss will quickly become the 
Nation's gain. Because while California will miss the advocacy and the vision of 
these two men, the EEOC and Americans who depend on it for justice will truly 
be the richer for it. 

Again, I want to congratulate Mr. Miller and Mr. Igasaki on their nominations 
and thank the chairman and members of the committee for giving me the oppor- 
tunity to introduce these two fine nominees. 

Senator Simon. If we could ask the three nominees to come for- 
ward now and take their seats. 

Let me first say that your nominations have been a long time in 
coming. Senator Wofford has referred to it, and referenced a con- 
versation he had with Senator Kassebaum about the undue wait. 
I regret that it has taken so long, but I am pleased with the quality 
of the nominations that we have. 

You are dealing with an agency that is extremely important to 
make sure that opportunity is there for all Americans. It is not 
only a significant agency, but it is an agency that is in some trou- 
ble. We want you to be aggressive in a sensible way, moving on the 
difficulties within the agency and making sure that the agency 
stands for opportunity for all Americans. 

Before I call on the nominees, let me call on my colleague Sen- 
ator Kassebaum for any opening statement she may have. 

Opening Statement of Senator Kassebaum 

Senator Kassebaum. Thank you, Mr. Chairman. 

I too believe this is a very important hearing and a long time in 
coming for a commission tnat has enormous importance. You are 
really on the front line, in many ways, in helping to develop guide- 
lines, which are of enormous importance, as well as trying to hear 
the appeals that affect our civil rights laws. It is a very important 
process which I think in many ways we have not given enough at- 
tention to, as you have been asked to fulfill so many more obliga- 
tions. And as the backlog of the case load continues to grow, it puts 



enormous pressure on the Commission, with rather limited re- 
sources. 

So I just think that it is such an important area, and as our work 
force is becoming more and more diverse, our equal employment 
policies must keep place with the changing work force. For in- 
stance, 30 years ago, most civil rights lawsuits, as all three of you 
certainly well know, focused on hiring minority applicants. In 1994, 
promotion and harassment issues have assumed greater impor- 
tance. 

So it has culminated in some dramatic and important changes 
which I think perhaps we do not give enough time to thoughtfully 
study. 

So with those changes come new challenges, and I look forward 
to working with you. I think it is an enormous responsibility, and 
I am very pleased to hear the qualifications that you bring to it. 

I wish all three of you well. 

Senator Simon. Thank you. 

I know that Senator Wofford introduced two of the members of 
your family, Mr. Casellas, but I will ask each of you if there are 
any members of your family or friends whom you would like to in- 
troduce. 

Mr. Casellas. 

Mr. Casellas. Thank you, Senator. 

I would like to introduce again my wife Ada and my daughter 
Marisa. They have sacrificed long and hard over these last 8 
months as I have found myself at the Pentagon, and they have re- 
mained in Philadelphia. They will join me next month here in 
Washington. But it is especially nice to have them here with me 
today. 

And Senator Wofford made a special point of acknowledging the 
presence of Bill Brown, a distinguished Philadelphia lawyer and a 
mentor to a whole generation of lawyers in Philadelphia. So, I 
know it is always dangerous to single out individuals, but I have 
to single out Bill Brown because it is really special for him to be 
here. 

Senator Simon. Bill Brown served as the chair under the Nixon 
administration, when the Equal Employment Opportunity Commis- 
sion did a very effective job. We welcome you here, Mr. Brown. 

Paul Miller, do you have family or friends you would like to in- 
troduce? 

Mr. Miller. Senator, I would be very proud and honored to in- 
troduce you to my father, Stanley Miller, and my stepmother, Joan 
Freyberg, who came in from New York to attend this hearing. And 
I would also like to introduce you to my best friend and sweetheart, 
Jennie Meacham, who is in the front row, too. 

Senator Simon. That is a pretty good introduction. 

Paul Igasaki — who, incidentally, with all his California back- 
ground has Illinois roots as well. 

Mr. Igasaki. I will always be a Chicagoan in my heart, Senator. 

First, I would like to introduce my wife and partner, Luann. Lu 
moved to be with me when we got married ana moved to Chicago 
and endured a Chicago winter for the first time as a Californian; 
so she deserves a lot of credit for following me now in the summer 
of Washington. 



10 

In addition, I want to introduce three people from the Asian com- 
munity that have been very important in encouraging me to do this 
and supporting me through the process, my friends Martha 
Watanabe from the Department of Justice; Karen Nirasaki from 
the Japanese American Citizens' League; and Daphne Kwan, from 
the Organization of Chinese Americans. 

Senator Simon. We thank you all, and we welcome all of you. 

I understand you each have opening statements, and we will be 
pleased to hear from you now at this point. 

Mr. Casellas. 

STATEMENT OF GILBERT F. CASELLAS, OF PHILADELPHIA, PA, 
NOMINATED TO BE CHAIRMAN, EQUAL EMPLOYMENT OP- 
PORTUNITY COMMISSION 

Mr. Casellas. Thank you, Senator, and thank you, Mr. Chair- 
man, for convening this hearing. 

I welcome the opportunity to appear before the committee to 
share with you my vision of this important agency if I am con- 
firmed as chairman. 

I view this as the opening of a long overdue dialogue that begins 
today, and I welcome the opportunity to return for oversight hear- 
ings in the future if I am confirmed. 

Please allow me as well to express my gratitude to you, Mr. 
Chairman, and the other members of the committee, for meeting 
with me over the past few days. Your comments and the comments 
of your staff were most appreciated and have assisted me in formu- 
lating a strategy for the important work that lies ahead. 

Having appeared for confirmation hearings 8 months ago, I am 
sensitive to addressing what is probably one of your principal ques- 
tions: Who is the nominee as a person, and what philosophy and 
vision will he bring to this vital post? 

As I reflected on how to respond to that question, I recalled the 
remarks I delivered at my swearing in ceremony several months 
ago at the Department of the Air Force. I began those remarks by 
thanking my parents, for it is truly amazing that as far back as 
I can remember, my parents had an unabiding faith and hope not 
only in me, but in the goodness of other people and of the American 
system. This was no small feat on their part because they grew up 
during an embarrassing period in this country's history. They at- 
tended segregated schools, movie theaters, churches, and sat at the 
back of buses. 

It did not help that their first language was Spanish, and so they 
entered this segregated school system at a severe linguistic dis- 
advantage. They maintained their optimism even after having 
watched their own parents face the same barriers and indignities. 

When my grandfather Juan Casellas arrived from Puerto Rico as 
a young boy, he had the hope and dream of becoming a lawyer, but 
found that path and others blocked. I still remember the pain in 
his eyes as he described to me one incident of humiliation he suf- 
fered on a public street because of the color of his skin. 

And through all of this, my parents encouraged me. And even as 
I spent my first 6 years of education at a segregated school and at- 
tended so-called "colored" movie theaters and drank from "colored" 



11 

water fountains, I tolerated them because of the hope and faith and 
support of my parents and my family. 

It was in that context, Mr. Chairman, that I thanked the Presi- 
dent for appointing me and applauded him not only because I am 
the personal beneficiary of his efforts toward inclusion, but because 
I believe such an appointment vindicates the faith, hope and sac- 
rifices not only of my parents, but of all people who have found 
themselves on the outskirts of society's benefits. 

And so, while this year, we celebrate the 30th anniversary of the 
Civil Rights Act of 1964 and of Title VII, I recall that year because 
I first attended school with white children, and I was allowed to 
belong to a neighborhood boys' club that had denied me admission, 
and I could attend downtown movie theaters that previously had 
been off-limits. 

I share this with you so that you understand that I have a per- 
sonal affiliation with the types of issues that I will confront as 
chairman of the EEOC. But I also know that the American dream 
is real. I know that, because to a large extent, I have been blessed 
to live it. Wonderful opportunities were given to me because of the 
struggles and sacrifices of so many people who made those opportu- 
nities possible. 

I knew almost intuitively as a child and from the changes 
brought about by the U.S. Supreme Court's decisions in Brown v. 
Board of Education and from the passage of the Civil Rights Act 
of 1964 that the law could change people's lives for the better. It 
was through the study and practice of law that I learned how it 
could. 

And so for that reason, I dedicated much of my personal and pro- 
fessional time to advancing opportunities for women and minorities 
in the legal profession. As an employer, as a law firm manager, and 
as a bar leader, I advocated the removal of barriers to make equal 
opportunity a reality within a noble profession whose record of ac- 
complishment has yet to reach its aspirations. 

And throughout those struggles, I remained steadfast committed 
to following two simple lessons that I learned as a trial lawyer and 
that I taught as a law professor — first, be a good listener; second, 
opponents need not become enemies. And so I listened, and I 
sought common ground and consensus; and where consensus did 
not exist, I made sure that the opportunity for future dialogue al- 
ways remained open. By following these simple precepts, I was able 
to build bridges on behalf of the many organizations I was privi- 
leged to lead. 

As chairman, therefore, I will welcome public scrutiny and de- 
bate, and I will eagerly engage in and invite discussion of con- 
troversial issues. The EEOC can only maintain its credibility if its 
leadership is willing to have open doors and open minds and listen 
to the many communities that have a stake in what we do. 

It is equally important that the leadership articulate its unquali- 
fied support for the vigorous enforcement of the equal employment 
opportunity laws, its passionate belief in the justice of those laws, 
and its tireless commitment to the continuous improvement of em- 
ployment opportunities for all people. 

I hope to focus the agency on its core mission of eradicating dis- 
crimination in the workplace through the vigorous enforcement of 



12 

the law and through education, outreach, policy guidance, and 
training. We will not be successful in that mission, however, unless 
we can accomplish a number of specific objectives, and let me share 
some of those with you. 

First, we must examine how we do our work and, if necessary, 
fix our operations to assure timely and quality work. I expect to en- 
gage myself personally in any search for a new model of organizing 
our work. The increasing work load in the face of limited resources 
has overwhelmed a dedicated staff. 

Policy will be coordinated and developed from the leadership, but 
policies or procedures that impede the ability of dedicated people 
to do quality work will be eliminated. 

Second, the agency must itself be a model employer, not just in 
terms of equal employment opportunity, but in terms of training, 
resources, and advancement opportunities. We must be as sensitive 
to our workers' fulfillment and satisfaction as we expect from the 
employers who come before us. 

Third, we must examine our working relationships with the 
State and local enforcement agencies. Is there value added, and can 
more be done with less? 

Fourth, we must improve our outreach and education to all com- 
munities, but especially to those who have felt shut out for so long, 
always with a view toward equity and fairness, and always so as 
to maximize public access and input. 

Likewise, I look forward to working with the business commu- 
nity, whose concerns I understand from my own experiences, to as- 
sist it in understanding and implementing the laws we will enforce. 

Finally, we must reclaim our rightful role under the Executive 
order as the lead agency in the Federal Government for equal em- 
ployment opportunity law enforcement. 

None of this will happen overnight, and I assure you that I do 
not have a magic formula. But I can assure you that I will dedicate 
myself to fixing what is broken and improving what we can, and 
that this process will be a collaborative one and will include our 
many constituent communities and Congress. 

In short, if I am confirmed, to those who have felt excluded, I say 
we are open for business; to those who criticize how we operate, we 
will operate as a business; and to those who doubt our commitment 
to vigorous enforcement, we mean business. 

In this State of the Union Address last January, President Clin- 
ton said that "America will never be complete in its renewal until 
everyone shares in its bounty." Our Nation's prosperity depends on 
our ability to develop and employ the talents of our diverse popu- 
lation. America's continued economic competitiveness, along with 
its traditional commitment to fundamental principles of fairness 
and equity, demands zero tolerance of discrimination. We simply do 
not have the luxury of wasting any of our abundantly diverse tal- 
ent. 

Mr. Chairman, I am honored to appear before the committee for 
your consideration of me for this important position. At the end of 
the day, one of the core values of our society is that people should 
be able to go as far as their abilities will take them so that they 
can provide for themselves and their families and be fulfilled in 



13 

their chosen line of work without regard to race, religion, national 
origin, sex, age or disability. 

So I look forward to working to open what Dr. Martin Luther 
King, Jr. called the "great vaults of opportunity" to every individ- 
ual in this great Nation's work force. 

Thank you, Mr. Chairman. 

Senator Simon. We thank you for an excellent statement. 

Before we call for the next opening statement, our colleague, 
Senator Harkin, has joined us and wants to say a word about Mr. 
Miller. 

STATEMENT OF HON. TOM HARKIN, A U.S. SENATOR FROM 

THE STATE OF IOWA 

Senator Harkin. Thank you very much, Mr. Chairman and Sen- 
ator Kassebaum. I apologize for being a little late, but I had to fol- 
low you on the judge's nomination up there. 

Senator Simon. Yes; I had to apologize for being late, too. 

Senator Harkin. I appreciate your letting me come in at this 
point in time to introduce and say a few words about Paul Miller. 

First of all, I want to say that I do not know Mr. Casellas, but 
I sure like what I just heard, and I wish him well, and also Mr. 
Igasaki. 

But I am just so honored, Mr. Chairman, and I thank you again, 
with Senator Kassebaum, for providing me with a few minutes 
here to introduce Paul Steven Miller, one of the administration's 
nominees to be a commissioner of the Equal Employment Oppor- 
tunity Commission. 

Mr. Chairman, I believe it is vital that we have a commissioner 
who understands the Americans with Disabilities Act, its history, 
and the historical context, as well as other civil rights laws under 
the jurisdiction of the Commission. 

You know, a lot of us tend to think of the EEOC in terms of ra- 
cial, ethnic, religious, sexual discrimination; but since the passage 
of the ADA in 1990, a landmark civil rights act, we now must think 
of it also in terms of an Equal Employment Opportunity Commis- 
sion for Americans with Disabilities. 

Paul brings to the Equal Employment Opportunity Commission 
the breadth of experience and understanding of the ADA and the 
real problems of discrimination that people with disabilities face in 
the workplace. 

Paul has been a visible and highly respected national leader in 
the disability rights movement. He understand our Nation's civil 
rights laws through his work for real people facing real discrimina- 
tion. 

I first met Paul — I will never forget it — in 1990 during our efforts 
to enact the ADA. At that time, he was the director of litigation 
and a law professor at the Western Law Center for Disability 
Rights at Loyola Law School in Los Angeles. At the Center, which 
specializes in disability rights issues, Paul was responsible for all 
aspects of the litigation under the ADA and related laws. 

I will never forget the discussion we had about the discrimina- 
tion he faced when he was looking for a job after graduating from 
law school, and I hope he tells you that story; I think it is worth 
repeating, and it is something that people nave to know about, 



14 

what happens in our society. So he brings that real experience with 
him. 

But Paul is not only concerned about employment discrimination 
faced by people with disabilities. His experience and understanding 
of disability discrimination translates into a commitment to elimi- 
nate all forms of discrimination in the workplace. I am confident 
that his passion for civil rights in general will make him a real 
leader at the EEOC. 

I have become even more closely acquainted with Paul and his 
work since he came to Washington with the Clinton administra- 
tion. While working at the White House, and later as deputy direc- 
tor of the U.S. Office of Consumer Affairs, he has worked on a wide 
variety of issues affecting persons with disabilities. He has exhib- 
ited exceptional leadership and judgment in those positions, and I 
can tell you that not only from my own standpoint, but from talk- 
ing with many people in and out of this administration who admire 
the work that he has done since he has been here. 

Paul is a graduate of the University of Pennsylvania and Har- 
vard Law School. He has taught at the Loyola Law School, as I 
said, in Los Angeles, and at the UCLA School of Law. He was a 
Parsons Visiting Scholar at the University of Sydney in Australia. 
He has also practiced law in Los Angeles at the law firm of 
Manatt, Phelps, Phillips and Kantor. A couple of those names may 
ring a bell with some of you. 

He has served on the boards of several local and national organi- 
zations committed to addressing issues facing persons with disabil- 
ities. 

On a more personal level, I have gotten to know Paul Miller very 
well over the past few years. He possesses a keen intellect, bal- 
anced by a strong sense of compassion and empathy. Together with 
his very, very admirable skills at consensus-building, his warm per- 
sonal manner, and his sense of humor, he will be a strong addition 
to the team at the EEOC, and from what I can see, it is going to 
be a fine team indeed, from what I have just heard from the new 
chairman. 

I look forward to working with this new leadership at the EEOC 
to see that all Americans nave the opportunity to contribute to a 
more productive and a more tolerant society. 

So Mr. Chairman, again, thank you for this opportunity. It is my 
pleasure to join others to introduce to this committee Paul Steven 
Miller to be a commissioner of the Equal Employment Opportunity 
Commission, and of course, I urge a speedy and affirmative vote for 
his confirmation. 

Thank you. 

Senator Simon. We thank you. I might add that in my 19 years 
now in Congress, the same number of years as Tom Harkin, the 
two names that stand out in terms of leadership on disability is- 
sues are Lowell Weicker and Tom Harkin. 

I do have one question for Senator Harkin. I noticed in going 
through the background of Paul Miller that he contributed $100 to 
the Harkin for President campaign. 

Senator Harkin. That is probably the only exercise in bad judg- 
ment he has ever had in his life. [Laughter.] We all make mistakes. 



15 

Senator Simon. So we should overlook that and confirm him any- 
way. OK. 

Senator Harkin. Quite frankly, I was not even aware of that. 
Thank you very much. [Laughter.] 

Mr. Miller. Senator, Chuck Manatt also hit me up for some con- 
tributions during another campaign once. 

Senator Simon. Well, now, that shows good judgment on your 
part. 

Thank you very much, Senator Harkin. 

Senator Harkin. Thank you very much. 

Senator Simon. Mr. Miller, we welcome your opening words here. 

STATEMENT OF PAUL STEVEN MILLER, OF LOS ANGELES, CA, 
NOMINATED TO BE A COMMISSIONER, EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 

Mr. Miller. Thank you, Mr. Chairman, Senator Kassebaum, 
Senator Harkin. It is truly an honor and a privilege to appear be- 
fore this committee to seek your approval of my nomination to be 
a commissioner of the Equal Employment Opportunity Commis- 
sion. 

I understand that it is not always common to hold hearings for 
nominees to be commissioner of the EEOC, and I appreciate the op- 
portunity to appear before you this morning. I want to thank Sen- 
ators Harkin and Boxer for their kind remarks. 

I also appreciate the opportunity I had to meet with many mem- 
bers of the committee and your staffs prior to this hearing, to listen 
to your comments about this important agency. 

You have already had the opportunity to meet my father, Stanley 
Miller, and my stepmother, Joan Freyberg, and my friend. I am 
also thinking very much this morning about my mother, Barbara 
Miller, who passed away 8 years ago. She would have been very 
excited about this moment. Without my mother and father, I would 
not be sitting here this morning being considered for this appoint- 
ment. 

They taught me much about right and wrong, fairness and .jus- 
tice, and every individual's right to personal dignity. They instilled 
in me values of public service and private goodness which I use as 
guideposts in my life. 

It is a tremendous honor and responsibility to be nominated to 
serve as a commissioner of the Equal Employment Opportunity 
Commission. As I myself have experienced discrimination in the 
workplace, I feel a personal commitment to change the climate of 
the working world so others will not have to experience the humil- 
iation that I did. 

As a law student, I found that the very law firms that had pur- 
sued me would immediately lose all interest in employing me as 
soon as they saw me or learned of my size. In fact, I was told by 
one law firm that even though they aid not have a problem with 
my size, they feared that their clients would think that they were 
running — and here, I quote what they told me — "a circus freak 
show" if their clients were to see me as a lawyer in their firm. At 
that time, such behavior and comments were not yet illegal be- 
cause it happened before the passage of the Americans with Dis- 
abilities Act. 



16 

These experiences created in me a deep and personal under- 
standing of the painful necessity of civil rights protections in the 
workplace. I have spent the majority of my professional life work- 
ing to secure and implement these civil rights laws. 

Today, the Americans with Disabilities Act prohibits such dis- 
crimination against persons with disabilities. However, as it is a 
relatively new law, it is important that its interpretation develop 
in a clear, consistent and common sense manner, in accordance 
with the intent of Congress. It is also critically important that the 
ADA and all civil rights laws be vigorously enforced and imple- 
mented. 

Discrimination is painful and humiliating, no matter what the 
cause or basis. All forms of discrimination on the job are invidious, 
and if confirmed, I will be fully dedicated to the implementation of 
all civil rights laws enforced by the Equal Employment Oppor- 
tunity Commission. 

However, discrimination in the workplace cannot be eradicated 
through enforcement alone. The EEOC has an important role in 
educating employers about their responsibilities and informing em- 
ployees about their rights. If confirmed, I will look forward to 
reaching out and working with constituency groups, employers, at- 
torney organizations, and of course, with Congress, toward creating 
a workplace free of discrimination. 

Thank you. 

Senator Simon. Thank you very, very much. 

Mr. Igasaki. 

STATEMENT OF PAUL M. IGASAKI, OF SAN FRANCISCO, CA, 
NOMINATED TO BE A COMMISSIONER, EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 

Mr. Igasaki. Thank you, Mr. Chairman, Senator Kassebaum. 

It is an honor and a privilege to be here today to present my cre- 
dentials for membership on the Equal Employment Opportunity 
Commission. I want also to thank Senator Boxer and Congressman 
Mineta for their very kind words. 

There is no more important area in which we should ensure fair- 
ness than in the area of employment. A job can enhance self-re- 
spect; it can build a family's future and contribute to the good of 
society. So long as job opportunity can be limited on the basis of 
race, national origin, religion, gender, age, disability, or other fac- 
tors unrelated to the job itself, we are not making use of the entire 
American work force. 

My grandparents and great-grandparents journeyed to this coun- 
try, like so many before them, in search of opportunity and free- 
dom. Through difficult times and in the face of racial discrimina- 
tion, they built a place in American society for their families. 

Discriminatory laws barred their naturalization. The law also 
prohibited them, as Asian immigrants, from owning land, so they 
put their homes and farms in the names of their citizen children. 

Then, in 1942, wartime hysteria and racial hatred led to their 
losing those homes, losing much of what represented the American 
dream, to be sent to what amounted to concentration camps in the 
desert, due only to the color of their skin and the ancestry of their 
forebears. 



17 

One of my grandfathers was a truck farmer; the other, born in 
Hawaii, was one of the Japanese American community's first attor- 
neys. Both felt powerless to challenge what happened to them and 
their families. As a Japanese American, no other experience has 
had a greater influence on me and my view of the law and of civil 
rights. 

Senators, it is this heritage that inspires me to pursue this dif- 
ficult challenge, just as it led me to pursue a career in the law, in 
public service, and in civil rights. It is why my parents taught me 
that fairness for all, including the least powerful or the least popu- 
lar among us, must guide my endeavors, whatever they may be. 

Growing up as I did in the 1960's, I was inspired by the words 
and deeds of Dr. Martin Luther King, Jr., of the freedom riders, 
and of so many others who risked their lives to make real the 
American promise of equal justice under law. I know that from this 
movement came many of the laws and decisions that created not 
only the EEOC, but many of the tools that exist today to fight dis- 
crimination. 

With the lessons of my family history and of the many public of- 
ficials and leaders whom I have learned from, and those civil rights 
tools that you have provided us, I could think of no greater honor 
than to work with Gil Casellas, Paul Miller, and the sitting com- 
missioners and staff of the EEOC, to continue this journey to invig- 
orate and enforce the laws that you have provided us to ensure 
equal employment opportunity. 

I thank you for this opportunity to appear today and for your 
consideration. 

Senator Simon. We thank you. As one who grew up in the State 
of Oregon until I was 13 — I do not stress that in Illinois, but I can 
remember when, by Executive Order, 120,000 Japanese Americans 
were taken away from the West Coast, given one to 3 days to sell 
everything they had, and put everything they owned into one suit- 
case. Believe it or not, the U.S. Supreme Court in the Korematsu 
decision said it was legal. It was one of the worst decisions the U.S. 
Supreme Court ever made. And it is also illustrative of the impor- 
tance of people standing up. And the three of you are going to be 
in a position to stand up for people, and I think you can make a 
very important contribution. 

Let me just touch on a few things. One is that it now takes al- 
most a year and a half to process a case before the EEOC. A decade 
ago, it was 3 to 6 months. I will — and my staff, if you could make 
a note — I am going to have an oversight hearing a year from now. 
I hope that 1 year from now, you can indicate that we have an im- 
proved situation. 

Second, I would ask you, Mr. Casellas, as the new chairman, to 
send me a letter 6 months from now on something which I do not 
know if it is factual or not, but I have heard that there are people 
in the EEOC who do not believe in its mission. They have protec- 
tion under the Hatch Act, and I am not suggesting they should be 
deprived of Federal employment, but if they do not believe in the 
mission, we ought to transfer them to the Pentagon or someplace 
else. [Laughter.] 



18 

The people who are there ought to believe in the mission, and if 
you could make a note to send me a letter on that 6 months from 
now. 

The area of proposed guidelines on religious harassment has 
raised questions. I saw in the publication of the Missouri Sanative 
Lutheran Church, which represents about one-third of the Lu- 
theran population, that they think there should be no religious 
guidelines. On the other hand — and this is typical of the division 
on this — the branch that represents the other two-thirds of the Lu- 
theran Church believes there should be guidelines, but they ought 
to be sensitively drafted. 

The reality is that if someone is being harassed because he or 
she is Jewish or Christian or Muslim or whatever, on a religious 
basis, that clearly ought to be beyond the conduct that we tolerate 
in our country. At the same time, people ought to feel free to ex- 
press their religious beliefs, and wear a cross, or wear a yarmulke, 
or whatever it may be. 

All three of you are aware of the controversy that has arisen, and 
our colleague Senator Heflin had hearings on this; I would be inter- 
ested in the comments you might have. Since you have been des- 
ignated chair, Mr. Casellas, I will ask you first and then I would 
like comments from the other two. 

Mr. Casellas. Thank you, Senator. I believe you put your finger 
on the nub of the issue, and that is that it is a very complex, very 
sensitive point. On the one hand, a religion-free workplace is 
against the law; it is against Title VII. On the other hand, harass- 
ment of any form, whether it is on the basis of religion or age or 
sex, is equally prohibited under the law. 

I think the job that we are going to have before us is to strike 
the appropriate balance, to strike a balance that is sensible and 
that takes into account these competing considerations. 

I think that there is a proper role for guidelines, whatever type 
of guidelines, whether they relate to harassment or anything else. 
I think the EEOC's role is that, to provide guidance and guideposts 
to the extent we can. 

Obviously, these particular guidelines, which I have not had the 
opportunity to study carefully, will come before us in our delibera- 
tive capacity as commissioners, so I do not mean to suggest that 
I do not have an open mind, because I do, as to how these things 
will ultimately be handled. But I will tell you that we all are sen- 
sitive to the issue and sensitive to the need to, to the extent we 
can, strike the appropriate balance. 

Senator SlMON. Mr. Miller. 

Mr. MILLER. Senator, I agree with you that harassment in any 
form should not be tolerated, and that includes religious harass- 
ment. I believe that people should be judged on their ability to per- 
form the job, their ability to do the work, rather than on other 
characteristics. And I agree with Mr. Casellas and with vou, that 
there are two very important factors that need to be balanced, 
those being the right to practice one's own religion and also the 
right to be free of harassment in the workplace. 

And as I understand, there have been many, many comments, 
thousands of comments, received by the EEOC regarding these reli- 
gious harassment guidelines, and I think that it is important, if 



19 

confirmed, for me as a commissioner to spend the time looking 
through those comments and hearing what people have to say who 
took tne time to write, and thinking about this issue. And if con- 
firmed, I agree, this is a very important issue in which these two 
factors need to be balanced and looked at, and that I will keep an 
open mind and that I am interested in reading those comments to 
try to figure out a way of balancing these issues and these two im- 
portant notions. 

Senator Simon. Mr. Igasaki. 

Mr. Igasaki. Yes, I certainly agree with what Mr. Casellas and 
Mr. Miller have said, and I agree with you, Senator, as well, that 
the concerns over the guidelines are something we need to look at 
very carefully. 

I am very concerned about making sure that individuals' right to 
freely express their religion is protected. I am equally concerned to 
make sure there be no discrimination on the basis of religion, 
whether harassment or any other means. 

I think we will look at the guidelines very, very closely; we will 
listen to the messages from the Congress and review the comments 
from individuals very closely to make sure that we try to provide 
clear guidelines, or clear understanding, to the Nation on what 
these rules or what the law is in this area. 

Senator Simon. Thank you. I have some more questions, but Sen- 
ator Kassebaum is going to have leave in about 10 minutes, so I 
am going to defer to her. 

Senator Kassebaum. Thank you, Mr. Chairman. 

I certainly was impressed with the comments that all three of 
you gave about what you believed were important about the guide- 
lines that you hope to utilize and in your own experience in the 
areas whicn make you very sensitive to the importance of the 
EEOC. 

I think, Mr. Igasaki, you mentioned that we have not held many 
hearings on nominations for the Commission, but I think the im- 
portance of the Equal Employment Opportunity Commission is one 
of the reasons that we felt it was important to hold this hearing. 

All too often, we issue statements here, and then we do not really 
do enough to lend support and to follow through; and I am very 
pleased to hear Senator Simon say that we will have some over- 
sight hearings. This is not an adversarial responsibility that we 
have for oversight; it is really one which I think offers an oppor- 
tunity to lend support and guidance back and forth between Con- 
gress and the agency. 

I think all three of you touched on the importance of education 
and of working with the business community — again, not an adver- 
sarial responsibility, but one that is terribly important to fostering 
understanding. 

Along that line, I would like to ask you — and Senator Simon 
touched on this — about the enormous caseload that you face. Since 
1983, the stated policy of the EEOC has been to "fully investigate" 
all charges. This has obviously proven to be a formidable task, 
since more than 100,000 employment discrimination charges are 
filed each year, if I am correct. 

Do you believe that alternate dispute resolution techniques hold 
promise for resolving employment discrimination charges? 



20 

Mr. Casellas. 

Mr. Casellas. Absolutely, Senator, absolutely. And one of the 
things that we are going to look at, or at least one of the questions 
that we are going to ask, is how we are employing those kinds of 
techniques now. 

There is a pilot program, I understand, on ADR in use in selected 
places out in the field at the EEOC. But I want to ask the question 
of when it is being employed, at what stage of the process. I have 
had experience in ADR techniques. I was selected to be a judge pro 
temp in Philadelphia, for example, where certain lawyers, members 
of the bar. were asked to assist the court in eliminating a tremen- 
dous backlog. And the key to the success of any ADR is early inter- 
vention and to do it selectively. I think, for example, in the area 
of disability charges, those are the kinds of things where, if you 
bring people together early on and explain to an employer that the 
accommodations are really not as significant or not as expensive as 
people generally think they are, that those kinds of things can be 
worked out. I mean, the issue of accommodation is something that 
could be handled in a less adversarial setting, and it is the kind 
of thing that could help to chip away at that backlog. 

So I agree whole-heartedly that we have to examine how it is 
that we do our work, and one of those is to employ those kinds of 
techniques with a view to making sure, of course, that those people 
whom we select to serve in this arbitrator-mediator role are indi- 
viduals who are sensitive to the concerns of both sides, but also 
sensitive to the charging parties so that they have an understand- 
ing of the issues. 

Senator Kassebaum. You included in the outline of the things 
that you believe are important, the agency's relations with State 
and local departments of the EEOC, and I myself think that is ter- 
ribly important, because I know that Senator Simon and myself 
both hear when we are out in our States that, well, it does not real- 
ly do any good to file a complaint with the EEOC; it never gets 
heard, or it gets lost. And I think I hear all three of you being very 
sensitive to the need to make it work better, perhaps. And again, 
I am sensitive, too, to the fact that you have an enormous caseload, 
and I think we will want to be of assistance here in considering 
recommendations that you would make. 

Mr. Miller, perhaps I could direct this a bit to you, because I 
think there is some confusion that has stemmed from the ADA 
guidelines. So I would like to ask this question. The EEOC plays 
a dual role as both a framer of policy on issues of equal employ- 
ment opportunity and as an administrator and adjudicator of dis- 
crimination charges. Is the agency capable of playing this dual 
role? Do you have any suggestions as you have looked at this of 
ways that perhaps this dual role could be made a bit smoother? 

Mr. Miller. I think that with respect in particular to the ADA, 
the ADA is important in this context particularly, since it is a new 
law, and we are still in the process of developing a body of law. 
And the business community and charging parties both are ex- 
pressing sometimes confusion about the direction. 

I think that enforcement without that education and outreach 
just does not get to the root of the problem. I think the mission of 
the EEOC is to really confront and deal with discrimination as it 



21 

exists in the workplace, and I think you do that through vigorous 
enforcement, but I also think that the EEOC has a very large role 
to play in technical assistance, and I think that in the past, the 
publications that the agency has put out dealing with technical as- 
sistance on the ADA have been very good. 

As I understand and hear, there are other ways, other guidance, 
that may be helpful to both the business community and people 
with disabilities, and if confirmed, I will look at that, because I 
think the importance of technical assistance and assistance with 
respect to the ADA cannot be overstated. Most employers, I believe, 
truly want to do what is right and truly want to do right by the 
ADA and truly want to pay attention to the rights of people with 
disabilities. And I think the EEOC has a role to play there in help- 
ing the business community along. 

Senator Kassebaum. Thank you. I share that. I think there has 
been some confusion, and I have a written question, actually, that 
I would like to submit, Mr. Chairman, regarding an article that ap- 
peared in The Wall Street Journal about some confusion on how to 
conduct iob interviews under the ADA guidelines. I am sure you 
are familiar with that piece. 

Mr. Igasaki, I would like to ask you, following a bit on the reli- 
gious harassment guidelines: as you may know — and maybe you do 
not know — the Senate approved a measure that would call for the 
EEOC to withdraw religion from their guidelines and hold public 
hearings before reissuing any new guidelines. I wonder if you have 
given enough thought to whether you would agree with the guide- 
lines as proposed, with a hearing on those guidelines, or is this 
something that, as a Commission or, you would wish to undertake 
a review before making any public statements? 

Mr. Igasaki. Thank you, Senator. I do believe I have heard about 
this resolution of the Senate. I know it was strongly supported. I 
have not had a chance to review it in detail. And I do believe that 
as a Commission, both the three of us and the sitting commis- 
sioners, should look very carefully at the guidelines, with the Sen- 
ate's message in mind, and consider that issue carefully. I do not 
want to prejudge it; I want to have the opportunity to discuss it 
both with the sitting commissioners and with Mr. Casellas and Mr. 
Miller. 

Senator Kassebaum. I can certainly understand that, because it 
is a very sensitive issue, and it is going to be one that I think will 
be closely followed from here as well as elsewhere. 

Another one that is perhaps not as sensitive with the public, but 
obviously is sensitive as well, is do you believe that congressional 
employees should have the right to go to court for trials of their 
EEOC complaints, as they do in the private and Federal sectors? 

Mr. Igasaki. Well, I think that we are willing to undertake what- 
ever mandates that Congress provides us. [Laughter.] As our work- 
load increases, we do have to keep in mind the large backlog and 
the need for adequate resources to do a good job in all the areas 
that are provided us. 

Senator Kassebaum. And along with that — this will probably call 
for a diplomatic response as well — but there is pending legislation 
called the Federal Employee Fairness Act, which would give the 
EEOC primary responsibility for processing claims of discrimina- 



22 

tion by Federal employees. Given the caseload that you have — and 
again, it is perhaps unfair to ask you to offer comments on this — 
do any of the three of you wish to offer an observation? 

Mr. Casellas. 

Mr. Casellas. Well, I will note, Senator, as you have, that as I 
understand the legislation — I have not studied it — but I under- 
stand that its goal is to address the perception of the lack of fair- 
ness in the current system, that is, to the extent that employees 
are filing charges which are being investigated by the very agencies 
that have been charged with discrimination. And certainly, I think 
we could agree that to the extent you can eliminate that on fair- 
ness, if that is what the legislation is directed to, I think in general 
we can support and I can support that principle of fairness. 

I think that should Congress decide to turn over that responsibil- 
ity to the EEOC, that is, to conduct that segment of investigations, 
it is going to really overwhelm an already overwhelmed system. So 
I guess I will begin, although I am not yet confirmed, with a plea 
for additional resources to the extent that that happens, because 
having seen it myself as the general counsel of the Air Force, I 
know that there are a number of employees who are dedicated to 
EEO within the Department of the Air Force, and each of the com- 
panion services has it, and the DoD has it, and if you multiply that 
across the Federal Government, you can see that a large number 
of employees are dedicated to this important task. So to take that 
burden and shift it to the EEOC without some corresponding in- 
crease in resources, I just do not know — as I sit here as an out- 
sider, I just do not know how that could be done. 

Senator Kassebaum. Mr. Chairman, I have several questions I 
would like to submit for written response, and I would ask unani- 
mous consent that an opening statement for Senator Coats be 
made a part of the record. 

Senator Simon. We will enter them in the record. There will be 
additional questions for you, and we would like to have responses 
as rapidly as we can. 

[The prepared statements of Senators Mikulski and Coats and 
questions by Senators Simon, Kassebaum, and Dodd with re- 
sponses follow:] 

Prepared Statement of Senator Mikulski 

Mr. Chairman, I am pleased that we are considering the nomina- 
tions for the EEOC chairman and commissioners today. I believe 
these appointments are long overdue. Certainly, these appoint- 
ments are crucial to adequately address the ongoing problem of dis- 
crimination and harassment in Federal Government agencies. 

Mr. Chairman, I have been deeply involved in tackling the prob- 
lems of discrimination and harassment in our Federal Government 
agencies for some time now. I have spoken out on behalf of all Fed- 
eral employees who have suffered harassment and discrimination 
in the work place and who, out of fear, cannot speak out for them- 
selves. It has not been easy. 

I want to first share with our nominees my experience with this 
issue over the last 2 years. Second, I want to tell you what I have 
tried to do about it. Third, I want to give you my thoughts on what 



23 

qualities I believe the new chairperson must possess to get the job 

done. 

First, over the last 2 years I have heard repeatedly from angry 
Federal employees who say they have been denied job promotions 
and suffer reprisals for filing employment complaints. I have been 
deluged with complaints from Federal Government workers in sev- 
eral agencis including: the National Institutes of Health, the Veter- 
ans Administration, and the National Security Agency— just to 
name a few. 

They experience harassment and discrimination by managers, 
and find themselves in extremely hostile work environments. Their 
cases are not adjudicated in a timely manner and ultimately these 
employees are stifled by top management. Over and over I hear 
about cases of harassment and discrimination where people face re- 
taliation for speaking out rather than getting a fair solution. 

Federal employees needing assistance sought my help. I felt it 
was imperative to do whatever I could to help these employees. So, 
I took tnis issue head on. 

I initiated investigations of Government agencies for faulty hir- 
ing and promotions policies. I corresponded directly with agency 
heads on the issue and testified at Senate committee hearings on 
behalf of employees who needed someone to speak for them. I have 
even introduced my own legislation to help our own Architect of the 
Capitol employees. I did all this, and more, in an attempt to change 
this hostile environment. 

Members of Congress have done a lot of work in the area of em- 
ployment discrimination. Senator Glenn and i introduced legisla- 
tion to overhaul the complaint process at EEOC. The legislation is 
designed to speed up the time for responding to EEO complaints 
and to give employees a fair opportunity to present their complaint. 

Now, Mr. Chairman, it's time for the EEOC to do its job. The 
EEOC chairman and its commissioners must immediately provide 
the leadership and guidance that Federal Government agencies 
and employees desperately need. 

The new chairman must be able to understand the problems that 
these employees face and be able to work well with the groups that 
represent these employees. We need someone who can get the job 
done, and get it done quickly. We need someone who has a clear 
vision for where the Commission must go and someone who can 
change the declining reputation of the EEOC by improving its poli- 
cies and its effectiveness. 

for example, alleviating the Commission's care backlog must be 
a priority for the new chairman. As chair of the Labor Committee's 
Aging subcommittee, I know that there is an enormous age dis- 
crimination case backlog. The Commission has said it expects this 
backlog of age discrimination cases to rise to over 19,000 by the 
end of September. This would be a 34 percent increase from the 
case backlog in 1992. I am very concerned that this backlog, and 
all others, be alleviated. People have waited too long to have their 
cases resolved and their lives returned to normal. 

Mr. Chairman, sexual and racial discrimination are widespread 
throughout the Federal Government. I am certainly committed to 
efforts to end discrimination and I'm willing to do my part to en- 
sure a Federal work place that is discrimination-free. However, I 



24 

believe we need to quickly confirm an outstanding EEOC chairman 
who will lead the charge on this serious issue, and EEOC commis- 
sioners who are willing to work hard to improve the work environ- 
ment for all Federal employees. 

Prepared Statement of Senator Coats 

Mr. Chairman, the Equal Employment Opportunity Commission 
has as its primary responsibility, the protection and assurance of 
American worker's rights to be free from various forms of discrimi- 
nation in the workplace. Whether that discrimination is as a result 
of racial inequality, age, disability, sex, or religion, the EEOC has 
long protected and balanced the rights of individuals to be judged 
by their performance, not innate characteristics. 

With the litigation explosion currently being experienced over 
workplace issues, the Commission serves as a vital mitigator of 
fairness issues, attempting to bring regularity and predictability to 
complex and sometimes sensitive issues. 

However, recently, the Commission considered moving in a direc- 
tion that would have placed in grave danger the rights of free exer- 
cise of religion that are protected by the U.S. Constitution. I am 
speaking of the proposed guidelines on religious harassment. 

The Commission's guidelines proposed to apply the same test to 
religious harassment as is applied to sexual harassment, namely, 
"the right to work in an environment free from discriminatory in- 
timidation, insult, and ridicule." 

I, and others believe the application of a standard that applies 
ambiguous terms such as "intimidation" to a fundamental constitu- 
tionally protected right such as religion, should be very seriously 
questioned. 

The fundamental commitment of our constitutional order to the 
protection of religious liberty requires the most extreme caution 
when considering any proposed government regulation of religious 
expression. 

Additionally, I am concerned that as proposed, the guidelines 
were so broaa and rested upon such subjective factors, that other- 
wise constitutionally protected expression could have easily been 
declared harassment and punished. The guideline's lack of clear 
definition could easily cause serious implementation problems for 
employers who would be forced to apply these confusing standards 
to every day situations — less they be subjected to a potential litiga- 
tion nightmare. 

Mr. Chairman, as we consider nominations to the EEOC, I think 
it important to remind these nominees of how critical that they 
carefully consider the impact of their actions and recommendations. 
I urge them to take these issues to heart and to perform their du- 
ties in as thoughtful and comprehensive a manner as possible. 

I thank we nave before us three excellent choices for the Com- 
mission and I am pleased to support them and look forward to 
working with them. 

Questions Submitted By Senator Simon to Gil Casellas With Responses 

Senator Simon. The Age Discrimination in Employment Act (ADEA) provided an 
exemption from the law Tor certain bona fide hiring and retirement plans for State 
and local firefighters and law enforcement officers, which expired Dec. 31, 1993. 



25 

In the 1986, Congress commissioned a study to be done to determine 1) whether 
physical and mental fitness tests are valid measures for of the ability and com- 
petency of police and firefighters to perform their jobs; 2) which types of tests are 
most effective; and 3) develop recommendations concerning standards such tests 
should satisfy. Congress also requested that the EEOC to promulgate guidelines on 
the administration and use of ^physical and mental tests. The study reported that 
age was a poor predictor of performance in public safety occupations, yet neither the 
researchers at the University of Pennsylvania or the EEOC developed recommenda- 
tions regarding standards such test should satisfy. Moreover, the EEOC did not pro- 
mulgate guidelines to assist State and local governments in the administer and use 
of such tests as Congress requested. 

Question 1. Do you think the exemption should still be allowed? 

Answer 1. I am certainly troubled by the use of age as a proxy for the ability to 
do a job. I am, however, aware of the continuing controversy concerning the particu- 
lar question of the treatment of certain public safety officials under the ADEA, in- 
cluding the fact that Congress passed a temporary exemption for police and fire- 
fighters in 1987 to provide them time to develop more appropriate means of deter- 
mining job fitness. In connection with that extension, I understand that, pursuant 
to congressional direction, a lengthy technical study was undertaken on this issue; 
however, I have not yet had the opportunity to review this study. Until I am able 
to thoroughly review and consider all of the materials and issues involved, I am not 
able to offer a definitive answer to the question which has been presented. I will 
assure the Senator, however, that I fully intend to review these matters carefully, 
particularly in light of the legislation to extend the exemption that is currently 
pending. 

lLegislation pending before Congress, H.R. 2722, would amend ADEA to allow 
age-based hiring and retirement policies as of March 3, 1983 to continue, and allow 
State and local governments that either did not use or stopped using age-based poli- 
cies to adopt such policies with the proviso that the mandatory retirement age be 
not less 55 years of age. H.R. 2722 again directs the EEOC to identify particular 
types of physical and mental fitness tests that are valid measures of the ability and 
competency of public safety officers, and promulgate guidelines in the administra- 
tion and use of such tests. 

Question 2. What guarantee can you provide that if Congress again requests 
EEOC to issue tests and guidelines, EEOC will? 

Answer 2. If I am confirmed, I assure the Senator that I will do my utmost to 
see that the EEOC will, to the best of its ability and to the extent possible, comply 
with any congressional mandates in this area. 

Question 3. Do believe disparate impact should apply to ADEA cases? What is 
your response to the Hazen Paper Co. v. Biggins, 113 S.Ct. 1701, 1710 (1993)? 

Answer 3. I understand that the EEOC has an established policy applying dispar- 
ate impact analysis to ADEA cases. I believe that this is an appropriate policy. 
While I am aware of the Supreme Court's decision in Hazen Paper Co. v. Biggins, 
113 S. Ct. 1701 (1993) and that it has certainly complicated a number of issues 
under the ADEA, I have not yet had the opportunity to analyze its implications on 
this specific question. 

Question 4. As there is no case law on the legality of early retirement incentives 
under the Old Workers Benefit Protection Act, would the Commissioners consider 
issuing guidance on this to help employers and employees understand its application 
and ramifications? 

Answer 4. While I cannot, of course, speak for the other Commissioners or pre- 
judge what action the Commission will take, I am certainly in favor of the Commis- 
sion issuing guidance regarding early retirement incentives under the Older Work- 
ers Benefit Protection Act in order to help employers and employees understand its 
application and ramifications. 

Senator Simon. It is my understanding that the EEOC has not been seeking dam- 
ages for victims of discrimination under the Civil Rights Act of 1991. In a June 
1992, memo signed by former Chairman Evan Kemp, all cases seeking damages are 
to be coordinated with the Office of Program Operations (OPO). The effect of the 
memo has been that all of the District Directors who want to seek damages in a 
case, must file an extensive memo with OPO that ask permission, spells out the dol- 
lar amount of the award, and its justification. Since 1991, an estimated 9 such 
memos have been filed. This means that damages are not being sought in the major- 
ity of cases where damages could be sought under the Civil Rights Act of 1991. 

Moreover, during a May 1994 District Director's meeting held at the Worthington 
Hotel in Fort Worth, Texas, the OPO Director told the District Directors that 1) be- 
fore negotiating a charge settlement and 2) after a reasonable cause finding is made 
but prior to conciliation, damages may be sought; however, the award was not to 



26 

be called damages, but rather back pay or something else. So that even if damages 
are awarded there is to be no record. 

Question 5. This situation is very disturbing. If confirmed, will you look into this 
situation and report back to the Committee? 

Answer 5. I believe that the addition of compensatory and punitive damages to 
the remedies provided under Title VII and the ADA puts teeth into civil rights en- 
forcement. I, therefore, share the Senator's view that the situation as presented is 
very disturbing. If confirmed, I will certainly look into how the EEOC is handling 
damages claims arising under the Civil Rights Act of 1991 and I will be happy to 
report my findings to the Committee. 

Senator Simon. There is a 56 percent chance that the charge you file with the 
EEOC will be found to have "no cause". And, the settlement rate for those cases 
found to have cause is just 13 percent. While the "no cause" rate is an improvement 
over the 1992 rate of 61 percent, the settlement rate has remained fairly static. Un- 
fortunately the situation is still that if you are one of the few whose case is found 
to have cause, there is a slim chance you will achieve settlement. 

Question 6. What is your reaction to this? 

Answer 6. As I stated in my opening statement, and in response to additional 
questions by members of the Committee, one of my highest priorities if confirmed 
will be to look carefully at all aspects of the EEOC's charge processing and resolu- 
tion process and implement those changes necessary to enhance the agency's effec- 
tiveness and performance. Certainly, a careful review of the percentage of "no 
cause" findings as well as of the Commission's settlement rate will be an integral 
part of this process. 

Response of EEOC Nominees to a Question Submitted By Senator Dodd 

1. I have read the recent report by 9 to 5, the National Association of Working 
Women. I am very troubled by the report's findings of poor quality of service by the 
EEOC. I assure the Senator that I will keep these findings in mind as I address 
the extremely serious issues currently confronting the agency regarding the manner 
in which it performs its mission. I am committed to finding a way in which the 
Commission can operate both effectively and efficiently, and in a manner that is re- 
sponsive not only to the needs of working women, but also to those of all commu- 
nities it is meant to serve. 

Questions Submitted by Senator Kassebaum to EEOC Nominees With 

Responses 

New EEOC Guidelines for Job Interviewing 

A July 15, 1994 Wall Street Journal article highlighted some potential problems 
with recent EEOC guidelines on how to conduct job interviews under the Americans 
with Disabilities Act (ADA). 

One of the most contentious aspects of the new guidelines is the restriction on 




about the type of accommodation that would be needed until after a job offer is 
made. aT _ 

For example, under the guidelines it would be legal for an employer to ask Do 
you have 20/20 corrected vision?" It would be illegal to ask "What is your corrected 
vision?" 

Employer groups and labor lawyers say that the restriction puts employers m the 
position of having to offer jobs without knowing whether the needed accommoda- 
tions are reasonable or affordable. As a result, companies may have to "unhire" dis- 
abled people who accept conditional job offers if the necessary accommodations can t 
be made. 

Question 1. Will you review the article and the comments from business groups 

and reconsider the guidance? 

Answer 1. I will certainly review the Wall Street Journal article and comments 
from business groups and consider whether changes to the guidance are appro- 
priate. At the same time, I will, of course, also consider the views of individuals who 
are protected by the Americans with Disabilities Act and the organizations that rep- 
resent their interests. 

Question 2. In its technical Assistance Manual, issued in 1992 and sent to hun- 
dreds of thousands of persons, the EEOC told employers that they could ask an ap- 
plicant who indicated s/he needed accommodation about the kind of accommodation 
needed before making a job offer. Now, in May this year, the EEOC has issued en- 
forcement guidelines to its investigators saying such a question violates the ADA. 



27 

a. Doesn't this new guidance make it impossible for an employer to determine 
whether a person with a disability who says she needs accommodation is qualified 
for the job before making a job offer? 

b. Aren't we making it less likely that an employer will take the risk ol "inng 
a person with a disability because the employer won't want to withdraw the job offer 
later? 

Question 3. The guidelines may also have a chilling effect on other areas of 
preemployment inquiries. For example, would a question about interpersonal skills 
in past employment be prohibited, because it might elicit information about the na- 
ture and extent of a past mental illness which impaired those skills? Would employ- 
ers be prevented from discussing the issue of "accommodation" for flexible schedul- 
ing to meet child-care needs? .. 

Question 4. What steps will you take to make sure that when the EEOC radically 
changes its interpretation in such a manner that it makes this change known to em- 
ployers and others who will rely on the initial guidance? Can you assure this Com- 
mittee that the EEOC will revise its Technical Assistance Manual and sent it to 
those who ordered the 1992 edition? 

Answer 2. With regard to follow-up questions 2, 3, and 4, I regret that 1 do not 
yet possess the depth of understanding about the very complex, technical issues that 
underlie these questions and, therefore, I believe it would be premature for me to 
attempt to provide a substantive response. I assure the Senator, however, that 1 will 
carefully consider the concerns raised and the perspective of the business commu- 
nity when addressing this interim guidance. I share the Senator's concern that the 
Commission's technical assistance and other explanatory materials must accurately 
reflect Commission policy, and that such materials should be revised and redistrib- 
uted as necessary to maintain that level of accuracy. 

Senator Kassebaum. Thank you, Mr. Chairman. I am certainly 
very impressed with the nominees and look forward to working 
with the Commission. 

Senator Simon. Thank you, Senator Kassebaum. 

If I may follow up on her last question, it is not only the percep- 
tion of unfairness; I think there is an unfairness. If someone at 
Sears says, "I am being discriminated against," we do not say to 
Sears, "You investigate it." And yet that is precisely what we have 
seen in the public sector. For example, stories about sexual harass- 
ment and discrimination in the CIA. Under the present law, we say 
to the CIA, "You investigate it." That does not strike people who 
work for the CIA as very fair. 

I happen to be a cosponsor of a bill that would give that respon- 
sibility to you— but obviously, we have to give you the resources. 
One option may be to use the resources that are already being used 
for this purpose at the various Federal agencies. 

As an aside, I cannot remember a time when we have had three 
witnesses who have had opening statements that paid tribute to 
their parents. It is a tribute to your parents and a tribute to the 
three of you that you've recognized them. 

I like what you say on the use of ADR. To the extent that we 
can have conciliation and get answers without confrontation, that 
clearly is in everyone's best interest. 

All three of you have referred to meetings of the Commission to 
discuss the religious harassment problem. But in 1980, the Com- 
mission had 60 meetings; in 1981, the Commission had 60 meet- 
ings; in 1990, the Commission had three meetings; in 1991, the 
Commission had three meetings; in 1992, four meetings; in 1993, 

seven meetings. . _ 

You mentioned, Mr. Miller, the educational function of the Com- 
mission. I think one of the ways you provide that educational func- 
tion is for the Commission to meet in the open. You are three 
bright people, creative people, and when you meet and brainstorm, 



28 

you are bound to improve the end-product of your agency. I would 
add that some meetings, because you are dealing with litigation, 
will have to be closed meetings. I understand that, but to the ex- 
tent they can be open meetings, I think that adds to this edu- 
cational function that you have. 

Would any one of you wish to comment? Mr. Casellas? 

Mr. Casellas. I absolutely agree with you, Senator, and I said 
in my statement that I invite and eagerly await public discussion. 
I think it is a matter of our credibility. In addition to the points 
you made about the dialogue and the discussion and the creativity 
that comes out of this kind of brainstorming, I think it is a matter 
of credibility. And quite frankly, I do not know what we would be 
afraid of — are we afraid of new ideas? Are we afraid that people 
will hear what we think and that somehow those ideas are evil? 

I just do not understand why these meetings have not been held, 
and maybe there were good reasons for it; I do not know. But I am 
certainly going to have public meetings, and we are going to dis- 
cuss the issues, and we are going to discuss them openly because 
they have to be discussed openly, and whatever the decisions are, 
those are the decisions that are made, and you understand that 
from the work that you do here. But the public has to be able to 
see what you do, and the light of day has to be shed on what goes 
on in the Commission to have any credibility. 

Senator Simon. Mr. Miller. 

Mr. Miller. I agree with Mr. Casellas. It is really an issue of 
credibility for the Commission, and credibility of the issues that 
come before the Commission. The issue of discrimination, the issue 
of what happened to an individual, to anyone, on the job, is one of 
the most important issues that anybody can face. Your job is very 
important. And to the extent that these are tough issues — the reli- 
gious harassment guidelines are tough issues; the ADA presents 
tough issues; sexual harassment presents tough issues — these is- 
sues are best dealt with openly, with vigorous discussion, and in 
that way, I believe that everyone — employees, the business commu- 
nity, Congress — understands what the Commission is doing, and it 
builds credibility in the solutions that the Commission tries to put 
forth. 

I think that a public discussion of these issues happened with or 
without the Commission, and I think that open meetings and the 
credibility of the Commission is just greatly enhanced to let people 
into what we are doing and what is happening. 

Senator Simon. Mr. Igasaki. 

Mr. Igasaki. Yes, I heard what Senator Kassebaum said about 
the need for employers and employees understanding the rules and 
the guidelines of the EEOC and the laws that we enforce. I think 
that the deliberative process is very important to shedding some 
light on that. I know that as a lawyer, when I am looking to find 
out what a law means, if it is a little confusing, which nappens 
more often than not, I look to the debate here in the Senate and 
in the House, to see what people said about what they intended 
with the legislation. I often find that very illuminating, and I hope 
we can provide a similar dynamic discussion process. 

Senator Simon. I do not know if the three of you have seen any 
columns by Mike Royko, a Chicago Tribune columnist. I would sim- 



29 

ply ask you to read them. Mike Rovko is a tongue-in-cheek writer 
who does not pretend to present balanced views on everything, but 
I do think it would be worth your time to read the columns on the 
EEOC. At one point in one of the columns, he refers to the EEOC 
as "a bloated bureaucracy." Any comments from you on that par- 
ticular description? 

Mr. Casellas. I just do not know, Senator, not having been able 
to walk in the door, as it were. I certainly will take a look at that, 
because I want the operation to run efficiently, and as the chair- 
man, one of my statutory duties is the operation of the agency, and 
what I hope to do is to put the resources where they are needed 
and where they will be effective. To the extent that there is a bu- 
reaucracy that is bloated, it suggests that there are people who are 
not adding any value to the operation. So I can certainly commit 
to you that I will take a look at that, with a view to value-added. 

In fact, we are going to look at the EEOC with a clean sheet ap- 
proach; I think we have to. I think we just cannot continue to oper- 
ate the way we have been operating in the face of what we have, 
so we have got to come up with something creative and something 
different, because otherwise, I just think the system is going to 
crash. I just do not know how it can continue. With the number 
of charges being filed every vear, with the increasing backlog, 
something has got to give. So before it crashes, we certainly want 
to examine that, and one of the things we will look at is this bu- 
reaucracy and whether it is bloated. 

But I agree with you that in my experience in reading Mr. 
Royko's columns, particularly ones about lawyers, I have never 
found them to be balanced. [Laughter.] 

Senator Simon. Talking about lawyers, I noted as I was going 
through the statistics on trie EEOC that the number of class action 
suits has declined very dramatically. That could be good news in 
the sense that maybe we are making progress, and there is no 
longer a necessity for that; on the other hand, it could also indicate 
that the agency is not doing the job that it should be doing. 

The obviously advantage of class actions suits is that you can 
help a great many people versus a suit in behalf of Jane Smith or 
Joe Jones. Any reflection on this? 

Mr. Casellas. I agree with you that it is an effective tool that 
has been used in the past. We certainly will look at its use, because 
given the limited resources, we obviously have to get a bigger bang 
for the buck, and I think that that is one way to do it — I do not 
say that is the sole way to do it — and there are particular areas 
where I think people have asked that we examine the use of sys- 
temic class litigation. For example, in the whole question of reduc- 
tions in force and the impact on older workers, people have asked 
that question, why not examine that area with a view to the use 
of this kind of tool. 

So that would be among the things we consider. 

Senator Simon. Mr. Igasaki. 

Mr. Igasaki. As the director of a civil rights law firm, I would 
say that given the meager resources that are available in Govern- 
ment today, we have to do whatever makes the best use of our re- 
sources. I think it is clear to me, and I think it is clear to all of 
us — we would not have taken on this job, I do not think, if we 



30 

thought we had turned the corner and finished the job on employ- 
ment discrimination. I do think it is an important tool, and I think 
we intend to use it. , 

Senator SlMON. Let me thank all three of you. While the appoint- 
ments were slow in coming, I think they are quality appointments. 
Each of you in a different way has experienced some pain in your 
life because of discrimination, and in a strange way, that experi- 
ence will make you better, more sensitive public servants. 

I look forward to working with you. 

[Statements and material submitted for the record follow:] 



STATEMENT 

OF 

GILBERT F. CASELLAS 

NOMINEE: CHAIRMAN, EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION 

BEFORE THE 

COMMITTEE ON 
LABOR AND HUMAN RESOURCES 

Thank you Mr. Chairman for convening this hearing. I welcome the 
opportunity to appear before the committee to share with you my vision of this 
important agency, if I am confirmed as Chairman. I view this as the opening of a 
long-overdue dialogue that begins today and I welcome the opportunity to return 
for oversight hearings in the future, if confirmed. Please allow me as well to express 
my gratitude to you. Mr. Chairman, and the other members of this committee for 
meeting with me over the past few days. Your comments were most appreciated 
and have assisted me in formulating a strategy for the important work that lies 
ahead. 

Having appeared for confirmation hearings eight months ago, I am sensitive 
to addressing what is one of your principal questions: Who is the nominee as a 
person and what philosophy and vision will he bring to this vital post? 

As I reflected on how to respond to that question, I recalled the remarks I 
delivered at my swearing in ceremony several months ago at the Department of the 
Air Force. I began those remarks by thanking my parents. It is truly amazing that 
as far back as I can remember my parents had an unabiding faith and hope not only 
in me, but in the goodness of other people and of the American system. This was no 



31 

small feat on their part because they grew up during an embarrassing period in this 
country's history. They attended segregated schools, movie theaters, churches and 
sat at the back of buses. It didn't help that their first language was Spanish and so 
they entered this segregated school system at a severe linguistic disadvantage. They 
maintained their optimism even after having watched their own parents face the 
same barriers and indignities. When my grandfather Juan Casellas arrived from 
Puerto Rico as a young boy, he had the hope of becoming a lawyer but found that 
path and others blocked. I still remember the pain in his eyes as he described one 
incident of humiliation he suffered on a public street because of the color of his skin. 
And through all of this my parents encouraged me. And even as I spent my first six 
years of education at a segregated school and attended "colored" movie theaters 
and drank from "colored" water fountains. I tolerated them because of the hope 
and faith and support of my parents and my family. 

It was in that context, that I thanked the President for appointing me and 
applauded him not only because I am the beneficiary of his efforts towards 
inclusion, but because I believe such an appointment vindicates the faith, hope and 
sacrifices not only of my parents but of ail people who have found themselves on the 
outskirts of society's benefits. 

And so while this year we celebrate the thirtieth anniversary of the Civil 
Rights Act of 1964 and of Title VTJ, I recall that year because I first attended school 
with white children and I was allowed to belong to a neighborhood boys club that 
had denied me admission and I could attend downtown movie theaters that 
previously had been off limits. I share this with you so that you understand that I 
have a personal affiliation with the types of issues that I will confront as Chairman. 

But I also know that the American dream is real. I know that because to a 
large extent I have been blessed to live it Wonderful opportunities were given to me 
because of the struggles and sacrifices of so many people who made those 
opportunities possible. 

I knew almost intuitively as a child and from the changes brought about by 
the Supreme Court's decision in Brown v. Board of Education and from the passage 
of the Civil Rights Act of 1964 that the law could change people's lives for the better. 
It was through the study and practice of law that I learned how it could. 



32 

And so for that reason I dedicated much of my personal and professional 
time to advancing opportunities for women and minorities in the legal profession. 
As an emplover, as a law firm manager and as a bar leader, I advocated the removal 
of barriers to make equal opportunity a reality within a noble profession whose 
record of accomplishment has yet to reach its aspirations. 

And throughout those struggles, I remained steadfastly committed to 
following two simple lessons I learned as a trial lawyer and taught as a law 
professor: first, be a good listener and second, opponents need not become enemies. 
And so I listened and sought common ground and consensus; and where consensus 
did not exist, I made sure that the opportunity for future dialogue always remained 
open. By following these simple precepts, I was able to build bridges on behalf of 
the many organizations I was privileged to lead. 

As Chairman, therefore I will welcome public scrutiny and debate and will 
eagerly engage in and invite discussion of controversial issues. The EEOC can only 
maintain its credibility if its leadership is willing to have open doors and open minds 
and listen to the many communities that have a stake in what we do. It is equally 
important that the leadership articulate its unqualified support for vigorously 
enforcing the equal employment opportunity laws, its passionate belief in the justice 
of those laws and its tireless commitment to the continuous improvement of 
employment opportunities for all people. 

I hope to focus the agency on its core mission of eradicating discrimination in 
the workplace through the vigorous enforcement of the law and through education, 
outreach, policy guidance and training We will not be successful in that mission 
unless we can accomplish a number of specific objectives and so let me share some of 
these with you. First, we must examine how we do our work, and if necessary, fix 
our operations to assure timely and quality work- I expect to engage myself 
personally in any search for a new model of organizing our work; the increasing 
workload in the face of limited resources has overwhelmed a dedicated staff. Policy 
will be coordinated and developed from the leadership. But policies or procedures 
that impede the ability of dedicated people to do quality work will be eliminated. 
Second, the agency must itself be a model employer, not only in terms of equal 
employment opportunity, but in terms of training, resources and advancement 
opportunities. We must be as sensitive to our workers' fulfillment and satisfaction 
as we expect from the employers who come before us. Third, we must examine our 



33 

working relationships with state and local enforcement agencies. Is there value 

added and can more be done with less? Fourth, we most improve our outreach and 

education to all communities, but especially to those who have felt shut out, always 

with a view towards equity and fairness and always so as to maximize public access 

and input. Likewise, I look forward to working with the business community, whose 

concerns I understand from my own experiences, to assist it in understanding and 

implementing the laws we will enforce. Finally, we must claim our rightful role 
under the executive order as the lead agency for equal employment opportunity law 

enforcement. 

None of this will happen overnight. And I assure you that I don't have a 
magic formula. But I can assure you that I will dedicate myself to fixing what's 
broken and improving what we can and that this process will be a collaborative one 
and will include our many constituent communities and Congress. In short, if I am 
confirmed, to those who have felt excluded, we are open for business; to those who 
criticize how we operate, we will operate as a business; and to those who doubt our 
commitment to vigorous enforcement, we mean business. 

In his State of the Union address last January, President Clinton said that 
"America will never be complete in its renewal until everyone shares in its bounty." 
Our nation's prosperity depends on our ability to develop and employ the talents of 
our diverse population. America's continued economic competitiveness — along 
with its traditional commitment to fundamental principles of fairness and equity — 
demands zero tolerance of discrimination; we simply don't have the luxury of 
wasting any of our abundant talent 

Mr. Chairman, I am honored to appear before the committee for your 
consideration of me for this important position. At the end of the day, one of the 
core values of our society is that people should be able to go as far as their abilities 
will take them, so that they can provide for themselves and their families, and be 
fulfilled in their chosen line of work, without regard to race, religion, national 
origin, sex, age or disability. I look forward to working to open what Dr. Martin 
Luther King, Jr. called the "great vaults of opportunity" to every individual in this 
nation's workforce. Thank you. 



34 

STATEMENT FOR COMPLETION BY PRESIDENTIAL PERSONNEL 
PART I: ALL THE INFORMATION IN THIS PART WILL BE MADE PUBLIC 

Name: CASELLAS. GILBERT F. 

Position to which nominated: Member. Equal Employment Opportunity Commission 

Date of nomination: July I. 1994 

Date of birth: : August 1952 Place of birth: Tampa. Honda 

ManUi Status: Married Full name "I spouse: Ada Garcia Cisellas 

Name and ages 

id children: Mansa(8) 

Dates Degrees Dates of 

Education: Institution .maided. rev i ved , fcZVX i 

Uruversiiv of Pennsylvania 

Law School 9/74-5/77 J.D. 1977 

Yale University 9/70-5/74 B A. 1974 

Honors and awards : List below all scholarships, fellowships, honorary degrees, military medals. 
honorary society memberships, and any other special recognitions for outstanding service or 
achievement. 

Arthur Littleton Legal Writing Teaching Fellow. University of Pennsylvania Law School. 

1976-1977 
Outstanding Young Man of America. 1986 
City of Philailelprua Citation for Contnbuuons to the City and the Puerto Rican/Launo 

community. April. 1986 

Citizen of the Year. Puerto Rican Week Festival. Philadelphia. September. 1988 
Who's Who Among Hispanic Americans 
Who's Who in the Delaware Valley 
Who's Who in America 

Mpmhershios : List below all memberships and offices held in professional, fraternal, business. 
scholarly, civic, charitable and other organizations for the last five years and any other prior 
memberships or offices you consider relevant. 

ATTACHMENT TO LABOR AND HUMAN RESOURCES 
COMMITTEE QUESTIONNAIRE: •Memberships" (page 1) 
BAB ASSOCIATION ACTIVITIES 

Hispanic National Bar As sociation . 
National President (1984-85) 

General Counsel (1986-1987) 

ABA Delegate (1988-91) 

American Bar Association 

House of Delegates (1988-1991) 

Commission on opportunities for Minorities in tne Profession 
(1991-1993) 

Conference Of Minority Partners In Majority/ Corporate Law Firms, 
Advisory Board and Steering Council (1991-1993) 

Resource Development Council, Fund for Justice and Education 
(1989-1994) 



35 

Special Committee on Delivery of Legal Services (1985-1989) 

Special Committee on Prepaid Legal Services (1990-1991) 

Section of Litigation 

Section on Tort3 and Insurance Practice 

Section of Antitrust Law 

Philadel phia Bar Association 

Chair, Board of Governors (1990) ; Vice Chair (1989) ; Member 
(1987-1990) 

Chair, Bar-Wide Survey Special Committee (1989-90) 

Chair, Election Procedures Committee (1986-1987) 

Judge of Elections (1986) 

Chair, Young Lawyers Section (1987) 

co-Chair, Committee on Minorities in the Profession (1991) 

Meaner, Special Committee on the Celebration of the 1987 
Bicentennial of the Constitution (1985-1987) 

Executive Committee, Young Lawyers Section (1982-1987) 

Pennsylvania Bar Association 

House of Delegates - Zone 1 (1987-1993) 
Civil Litigation Section 

Minority Bar Committee (1988-1993) 

Association of Trial Lawyers of America 

Defense Research Institute 

Philadelphia Trial Lawyers Association 

Philadelphia Association of Defense Counsel 

Lawyer's Club of Philadelphia 

CIVIC AND COMMUNITY ACTIVITIES 

President, Law Alumni Society, University of Pennsylvania Law 
School (1989-1991) 

Board of Trustees, Philadelphia 3ar Foundation (1991-1993) 

Secretary, Executive Committee, Board of Trustees, The Free 
Library of Philadelphia (1991- ) 

Trustee, Free Library of Philadelphia Foundation (1992- ) 

Board of Deacons, Overbrook Presbyterian Church 

Board of Directors, Overbrook Farms Club (1991-1993) 

Board of Trustees (1986-1989), Community Council (1989-1992), 
United Way of Southeastern Pennsylvania 

Board oi Directors (1990-1991) , American Prepaid Legal 
Services Institute, Chicago, Illinois 

Delegate, Judicial Conference, United States Court of Appeals 
for the Third Circuit (1985, 1987, 1990) 



36 

Board of Trustees, Campaign for Qualified Judges (1985-1991) 

Steering Committee, Philadelphians for Good Government (1991- 
1992) 

Advisory Committee, Founders Clue of JenJcms Memorial Law Library 
(1990-1992) 

Member, Commission on Judicial Selection and Retention (1987) 

3oard of Directors, Public Interest Law Center of Philadelphia 
(1985-1987) 

Board of Trustees, Community Legal Services, Inc., Philadelphia 
(1982-1985) 

Philadelphia Lawyer Volunteer Action Program, Vice President 
(1982) and Board of Directors (1932-1984) 

Mayor's Commission on Puerto Rican and Latino Affairs (1987-1992) 

Member, Pyramid Club of Philadelphia 



Employment Record : List below all posiuons held since college, including the title or description 
of job. name of employer, location ot work, and dates of inclusive employment. 

Panner. Montgomery. McCracken. Walker &. Rhoads. Philadelphia. March I. 1985 - 

November 18. 1993 
Associate. Montgomery. McCracken. Walker & Rhoads. Philadelphia. September 1980 - 

February 1985: September 1977-December 1978 
Lecrurer-m-Law. Uruversiry of Pennsylvania Law School. Philadelphia 

September 1992 - March 1993: September-October 1988: September-October 1987: 

September-October 1986: September-October 1985 
Law Clerk. Honorable A. Leon Higginbotham. Jr.. United States Court of Appeals for the 

Third Circuit. December 1978-August 1980 
Legal Wnung Instructor. University of Pennsylvania Law School. September 1976 - 

May 1977 
Intern. Philadelphia Distnct Attorney s Office. June 1976 - August 1976; September 1976 

May 1977 
Student Director. Government Policy Research Unit. University of Pennsylvania Law 

School. June 1975 - August 1975 

Government experience : List any advisory, consultative, honorary or other pan-time service or 
positions with Federal. State, or local governments other than those listed above. 

General Counsel. Department oi the Air Force 

Trustee. The Free Library ot Philadelphia 

Special Counsel. Philadelphia Commission on Human Relations 

Member. Mayor's Commission on Puerto Rican-Launo Affairs 

Published writings : List the titles, publishers and dates Ot' books, articles, reports or other 
published materials you have written 

None 

Political affiliations and activities : List all memberships and offices held in or financial 
jomnbuuons and services rendered to all poliucal parties or elecuon committees dunng the last 
five years: 

Legal counsel in 1991 to campaign of Carlos Acosta for Philadelphia City 
Counal-ai-Large 
1989: Wendella Fox for Distnct Attorney $200 

Swarthmore Democratic Club S50 
1990: George Burrell for Mayor 91 S500 
1991: Buirell for Mayor 1991 S250 

Fnends of Lucien Blackwell S250 

Friends of John Street $250 

Peter Hearn lor Mavor $10u 



37 

Committer: to Elect Robert T. Vance. Jr. $100 
Comnunee to Elect Nitza Quinonfs Judge S25 
Glenn Clark for District Attorney S50 



1992: Cxstle tor Congress S50O 

Nutter tor City Council SUX) 
1993: Philadelphians 10 Elect Saidel City Controller S500 

Jacqueiyn Allen for Judge $100 

Future em ployment relationships: 

1. Indicate whether you will sever all connecuons with your present employer. business firm, 
association or organization it you are confirmed by the Senate. 

Yes 

2. State whether vou have any plans alter compieung government service to resume employment, 
affiliauon or pracuce with your previous employer, business firm, association or orgaruzauon. 

None 

3. Has a commitment been made to you tor employment arter you leave Federal service? 

No 

4 Do you intend to serve the full term for which you have been appointed or until the next 
Presidential election, whichever is applicable? 

Yes 

Potential conflicts of interest : 

1. Describe any financial arrangements, deferred compensauon agreements or other continuing 
financial, business or professional dealings with business associates, clients or customers who will 
be affected by policies which you will influence in the posiuon to which you have been nominated. 

I plan to retain my 401 (k) defined contribution account that I started as an employee with 
the Montgomery. McCracken law firm. As a partner, the law firm did not make any matching 
contributions to my 401(k) account which is independenUy managed by the CoreStates Bank. N.A.. 
Turner Investment Partners. Inc.. and Palley - Needelman Asset Management. Inc. And. of course. 
the law firm has not made any contnbunons since my resignation and will make none in the future. 

My 401(k) account has about 300 participants and its investment portfolio is widely 
diversified. It is not concentrated in any particular economic sector. Furthermore. I neither 
exercise control over, nor have the ability to exercise control over, the financial interests held by 
the investment fund, other than the capability to direct percentage contributions to the equity, bond 
ind cash segments of the 40Hk) account. 

2. List any investments, obhgauons. Iiabiliues. or other financial relauonsfups which constitute 
potenual conflicts of interest with ihe position io which you have been numinaied. 

None 

3. Describe any business relationship, dealing or fir.ancial transacuon which you have had during 
the last live years whether tor yourself, on behalf ot a client, or acung as an agent, that consututes 
a potenual conflict of interest with the posiuon to which you have been nominated. 

None 

4. List any lobbying acuviiy during the past 10 years in which you have engaged for the purpose 
of directly or indirectly influencing the passage, deieat or modilicauon of any Federal legislauon or 
of arfecung the adrrunistrauon and execuuon ot Federal law or policy 

None 

5. Explain how you will resolve any potenual conflict ot interest that may be disclosed by your 
responses to the above nems 



38 

I am noi aware nl anv potenual contlici ot interest mat could arise in my service on the 
EEOC. However, it bucti j conflict vriscs. I will consult with Agency cirucs oificiaJs as 
appropnate and would do so on anv matters involving potential conruu ot interest m.-"'ers. 



STATEMENT of PAUL STEVEN MILLER 

SENATE LABOR and HUMAN RESOURCES COMMITTEE 

CONFIRMATION HEARING for NOMINATION to be EEOC COMMISSIONER 

July 21, 1994 

Mr. Chairman. Members of the Committee, it is truly an honor and a privilege 
to appear before this Committee to seek your approval of my nomination to be a 
Commissioner of the Equal Employment Opportuniry Commission. I understand that it is not 
always common to hold hearings for nominees to be Commissioner of the EEOC and 1 
appreciate the opportunity to appear before you this morning. 1 want to thank Senators 
Boxer, Feinstetn and Harkin for their kind remarks. 

I would like to first take this opportunity to introduce you to my father. 
Stanley Miller and my stepmother and fnend. Joan Freyberg. I am also thinking very much 
this morning about my mother, Barbara Miller, who passed away almost eight years ago. 
She would have been very excited about this moment. Without my mother and father, I 
would not be sitting here this morning being considered for this appointment. They taught 
me much about right and wrong, fairness and justice, and every individual's right to personal 
dignity. They lasnlled in me the values of public service and private goodness which I use as 
guideposts in my life. 

It is a tremendous honor and responsibility to be nominated to serve as a 
Commissioner of the Equal Employment Opportunity Commission. As I myself have 
experienced discnmmaDon in the workplace, I feel a personal commitment to changing the 
climate of the working world so others will not have to go through what I did. As a law 
student at Harvard, I found that the very law firms that had pursued me would immediately 
lose ail interest in employing me as soon as they saw me or learned of my size. In fact, I 
was told by one law firm that even though they did not have any problem with my size, they 
feared that their clients would think that they were running, and here I quote, "a circus freak 
show" if their clients were to see me as a lawyer in their firm. At that time, such behavior 
and comments were not yet illegal because it happened before the passage of the Americans 
with Disabilities Act. 

These experiences created in me a deep and personal understanding of the 
painful necessity of civil rights protections in the workplace. I have spent the majority of my 



39 

professional life working to secure and implement these civil rights laws. 

Today, the Americans with Disabilities Act prohibits such discrimination 
against persons with disabilities. However, as it is a relatively new law, it is important that 
its interpretation develop in a clear and consistent manner in accordance with the intent or 
Congress. It is also critically important that the ADA, and all civil rights laws, be vigorously 
enforced and implemented. 

Discrimination is painful and humiliating no matter what the cause or basis. 
All forms of discnminanon on the job are invidious, and if confirmed I will be fully 
dedicated to the implementation of all civil rights laws enforced by the EEOC. 

However, discrimination in the workplace can not be eradicated through 
enforcement alone. The EEOC has an important role in educating employers about their 
responsibilities and informing employees about their rights. If confirmed, I will look forward 
to reaching out and working with constituency groups, employers, attorney organizations and 
of course, with Congress towards creating a workplace free of discnminanon. Thank you. 

STATEMENT FOR COMPLETION BY PRESIDENTIAL NOMINEES 

PART I: ALL THE INFORMATION IN THIS PART WILL BE MADE PUBLIC 

Name: _*"« . ?auI Steven 



amtn 



Position to which carcrassioner, EJXX Date of v&v 1994 
nominated: . nomination: 



Date of birth: 4 jgg 1961 Place of birth: "lushing, ><ew York 



Marital status: Su ^ a ' 1 ^ Full name of spouse: Mong . 



Name ana ages None, 
ot children: 



Dates Degrees Dates of 

Education: institution attended received degrees 



John H. Glenn riioh 

School 

Jruversitv of 

Pennsylvania S/79-6/33 



9/76-6/79 K.S. Dioioma 



Harvard Law School q/S"?-*/B6 J -P. 



June 


1979 


■Tune 


1933 


June 


1986 



Honors and awards: List oelow all scholarships, fellowships, honorary oegrv.i. military medals, honorary society 
memoersftips. and any other special recognitions tor outstanding service or achievement. 

Parsons Visiting Scholar, Um-ersitv of Sydney Faculty of Law (3/ 1991) 

Sphinx ;ionor Society ( University of Pennsylvania) 

Sol Femstone Award for Contributions to Conmunity (Univ. of Perm.) 

3owl Senior Honor Award (University of Pennsylvania) 

Soys' Cluos of .America Spense Peese Scnolarsnio 

Sadie Scout - 3ov Scouts of America 



40 



Memberships: 



,si Oeiow j 1 1 memoersnios and offices neid m professional fraternal. Susmess. ic-iouriy. 
civic. charitable ana otner organizations lor the last five years ana any other orior merr 
sersnios or offices you ccvaer relevant. 



Ofannuion 



S tate 3ar of California 

Billy Barry Foundation 

National Ai-iance of Generic 

Support Cronos 

Westsice Center for 

Independent Living 

University of Pennsylvania 

Council of Recent Graduarps 

Little People of America 

(See Atrached Sheer) 

Employment record: List below all positions held since college, including the title or description of job. name of 
employer, location of worn, and dates of inclusive employment. 

Deputv Director, L\S. Office of Consumer Affairs, Washincrron, DC 

5753 - Present 



Offlci Acid 
(■« tny) 




DeM 


None (currently 
inactive srarus I 




1987-Present 


Presidenr and 
Board Member 




1989-1993 


Board Member 




L992-1994 


Boars Memoer 




1989-1993 


Council Member 




1989-1994 


National Youna i 
Director (1982 


iduxt 

-83) 


196 5-pre sent 





Search Manager/ Director, Disaoility 'Jurreacn, The White riouse Orr:- 
of Pre sidential Personnel, Washmgron, DC 1/93-8/93 

Search Manaaer, Oft ice or r*resiaennai Transition, wasninoton, j.i_. 
1/93-1/93 



Direcror of Litigation, wesrern Law Center for Disable itv Hnnts, 
Los Anoeles, California, 1/90-1/93 

Associate, Manatt, Phelps, Sotnenoerg ana Phillips, Los Anaeies, 
California, 7/87-12/90 



^c<yv~T jrp~~' <arli" <y »n7 Pfaeizer, VvoooarG, Quunn ana Possi, Los Anaeies , 
California, 5/86-7/87 ^_____ 

Summer Lav ClerK, Loes ana Loeo, Los .Angeles, California, 
6/85-8/85 



Summer Lav Clerk, Sullivan and Worcester, 3osron, .'lassacnuserrs , 
6/84-8/84 __ 



PAUL STEVEN MILLER 

Position to which nominated: Commissioner, EEOC 



MEMBERSHIPS 

rrrpaniTannn 

American Civil Liberties Union 

California Association of 

Persons with Handicaps 

California Trial Lawyers 
Assoc mnon 

Handicapped Lawyers 

Association 

Human Growth Foundation 

Uuiversiry of Pennsylvania 
Board of Trustees 

Wilshire Boulevard Temple 



Office Held 


Dates 


None 


1990-1992 


None 


1990-1993 


None 


1987-1990 


None 


1992-1993 


None 


1966-1992 


Board Member 


1983-1986 


None 


1989-present 



41 



Government 
experience: 



_i st any advisory, consultative, honorary o- other gart time service or positions with ftc t rt\ 
State or 'ocal governments other than those listed aoove. 

Los Angeles Citv Advisorv Council on Disabilitv (1999-1990) 



Published 
writings: 



List the titles, publishers and dates of booKs. articles, reports or other published materials 
you have written. 

"Coming 'Jp Short: Employment Discrimination Aaainst Little 

People" 22 Harvard Civil Pagnts Civil Liberties Law Peview 

231 (1987) 



"The Impact of Assisted Suicide on Persons with Disabilities" 

9 Issues of Law and Medicine 47 (Sunnier 1993) 

"Economic Peform and Peoole with Disabilities," The Economic 
-on^-o^pnr^ ^ -he Presidentelect and Vice President-elect 
(Novemoer 1992) 



Political 
affiliations 
and activities: 



List all memberships and offices held in or financial contnbutions and services rendered to 
all political parties or election committees during the last five years. 

Democratic Party, Member 



Clinton/Core Campaign 

nieah-i 1 jLty Tggiipq 



California State Political Coordinator for 



Financial contributions: Clinton-Gore CarrDaicm (1992) - S100.00 

*>,*«t*m for U.S. Senate (1992)- SICO.OO 



3oxer for U.S. Senate (1992) - $100.00 
■4xr*in -or President '19921 - SIOO.OO 



Michael Sidley for .Assembly (1994) - 375.00 



Future employment 
relationships: 



indicate whether you will sever all connections with your present employer. Business 
firm, association or organization it you art confirmed by the Senate. 



2. State whether you have any plans after completing government service to resume em- 
ployment, affiliation or practice with your previous employer, business firm, associa- 
tion or organization. 

.NO. 



3. Has a commitment been made to you tor employment after you leave Federal service? 
No. 



4. Do you intend to serve the full term for whicn you have been appointed or until the next 
Presidential election, whichever is applicable? 
Yes . 



Potential conflicts 
of interest: 



Describe any financial arrangements, deferred compensation agreements or other con- 
tinuing financial, business or professional dealing? with business associates, clients 
or customers who will be affected by policies wnicn you writ influence m the position 
to which you have been nominated. 

None. 



42 



2. List any investments, obligations, abilities, or other financial relationships which con- 
stitute potential contlcts or interest with the position to wnich you have been 
nominated. 
None. 



3 Describe any business relationjmo Sealing or financial transaction wnich you nave had 
iuring the last five years wnetner for yourself on benalf of a client, or acting as an 
agent that constitutes a potential conflict ot interest w.tn the position to wnich you 
have Otto nominated. 

As Director of Litioation for the Western Law Center for Disabilitv Riahts 



(1990-1992), I represented and counseled clients m .-natters involving 



axiectations of emDlovment discrimination. 



4. List any lobbying activity during the past 10 years in which you have engaged for the 
purpose of directly or indirectly influencing the passage, defeat or modification of any 
Federal legislation or of affecting the administration and execution of Federal law or 
policy. 

In .Try capacity as a member of the Board of Directors of the westside 

Center for Independent Living, I advocated for the oassa-e of The Americar 

With Disabilities Act. 



5. fjpiain how you will resohre any potential conflict of interest that may be disclosed by 
your responses to the above items. 
I would recuse myself from any case comma before the E330C which I worked 

on while an attorney at the Western Law Center for Disabilitv Rights. 



: will also consult with the EECC ethics officials for further cuidance 
-here aroroDriate. 



STATEMENT OF PAUL M. IGASAKI, 

NOMINEE TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 

BEFORE THE SENATE LABOR AND HUMAN RESOURCES COMMITTEE 

JULY 21, 1994 

Thank you, Mr. Chairman. It is an honor and a privilege to be 
here today, to present my credentials for membership on the Equal 
Employment Opportunity Commission. I want also to thank my 
distinguished Senators and Congressman Mineta for their kind words. 

There is no more important area in which we should ensure 
fairness than in the area of employment. A job can enhance self- 
respect, it can build a family* 3 future and contribute to the good 
of society. So long as job opportunity can be limited on the basis 
of race, national origin, religion, gender, age, disability or 
other factors unrelated to the job itself, we are not making use of 
the entire American workforce. 

My grandparents and great grandparents journeyed to this 
country, like so many before them, in search of opportunity and 
freedom. Through difficult times, and in the face of racial 
discrimination, they built a place in American society for their 



43 

families. Discriminatory laws barred their naturalization. The law 
also prohibited them, as Asian immigrants, from owning land, so 
they put their homes and farms in the names of their citizen 
children. Then, in 1942, wartime hysteria and racial hatred led to 
their losing those homes, losing much of what represented the 
American dream, to be sent to what amounted to concentration camps 
in the desert, due only to the color of their skin and the ancestry 
of their forebears. 

One of my grandfathers was a truck farmer. The other, born in 
Hawaii, was one of the Japanese American community's first 
attorneys. Both felt powerless to challenge what happened to them 
and their families. As a Japanese American, no other experience 
has had a greater influence on me and my view of the law and of 
civil rights. 

Senators, it is this heritage that inspires me to pursue this 
difficult challenge, just as it led me to pursue a career in the 
law, in public service and in civil rights. It is why my parents 
taught me that fairness for all, including the least powerful or 
the least popular among us, must guide my endeavors whatever they 
may be. 

Growing up as I did in the 1960's, I was inspired by the words 
and deeds of Dr. Martin Luther King, of the freedom riders, and of 
so many others that risked their lives to make real the American 
promise of equal justice under law. I know that from this movement 
came many of the laws and decisions that created not only the EEOC, 
but many of the tools that exist today to fight discrimination. 

with the lessons of my family history and those civil rights 
tools, I could think of no greater honor than to work with Gil 
Casellas, Paul Miller and the sitting Commissioners and staff of 
the EEOC to continue this journey to invigorate and enforce the 
laws that you have provided us to insure equal employment 
opportunity. 

I thank you for this opportunity to appear today and for your 
consideration. 



44 

STATEMENT FOR COMPLETION BY PRESIDENTIAL NOMINEES 

PART I: ALL THE INFORMATION IN THIS PART WILL BE MADE PUBLIC 

Name: IGASAKI. ^UL M. 

^— — — — — ' iuar) rfinn .othU! 

Equal Employment Oppor- n , 
P °!5SSS^£ f; Commissioner, tunity Commission nom'nation: April 19. 1994 

Date ot birth: 25 - ' - 1955 Place of hirth- Chicago. Illinois 

un iMOMnil iTWjn 

Mantal status: Married Full name ot ™n<y fnnann yo<=m r ?a^l<; 

Name and ages 

ot children: Sone 



Oates Degrees Dates ot 

Education: Institution artenaed received degrees 

University of California, 9/76 to 12/79 J.D. 12/22/79 



r>avi ^ r a^ SchaaJ 



Northwestern University 9/73 to 6/76 3.A. 6/ 12/76 
Niles Township West H.S. 9/69 to 6/73 High Sch oo l 6/73 

Honors and awards: List below all scholarships, fellowships, honorary degrees, military medals, honorary society 
memberships, and any other special recognitions for outstanding service or achievement. 

-Reginald Heber Smith Commun.cv Lawyer Fellowship. Howard : 'mv T.poa i 

Services Corporation. 1980-1981 
-Ten Outstanding Young Citizens Award. Chicago Jr. ftagflC """ ^""prr p 

& Industry. 1986 

-Fellow, Leadership Greater Chicago. 1987-1988 

-Young Lawyers Who Make a Difference. ABA Young Lawyers Division, 1988 
-Outstand ing Leadership Awa rd. Asian Amen ran Coeijiajan IjttjJ ' oqQ - 

Memoersnips: List below ail rremDersnios and crfices neiC in professional, fraternal, business, scholarly. 

civic, charitable and otner organizations tor tne last five years and any otner prior mem- 
bersnios or crfices you consider relevant. 

Office held 
Onranizuion fi ' atT *> Sates 



State Bar gf California, Legal Member, Executive "92 co '-esent 

SamiCfiS section i.amm>86oe 

Amer.Sar Assoc. .Individual Rights Vice Chair & VC: '37 to '92 
& Responsibilities Section Co-Chr .Civil RtS.CgmcL — CnC; '97 -.o Pre 
Nat' I.Asian ?cfc. American Bar Co<Ymxt '91 to '94 

'""f LegJ sJLaxj vg QamauxLge 



Japanese American Citizens President & Pres. '34 to '88 

League. Chirngo Chapter Board Member 3d., '32 to '89 

JACL. Florin Chapter Vice President , Q1 . , Q2 

8 -dogate 1 

Asian American Bar Assoc, of Vice President & '86 to '89 

-hP Cr»arpr Crnrago Area Co-Founder 

Leadership Conference on Member. Executive , q , Q j 

Civ,- °- T hr^ Cnmrm rr pp , , 



Employment record: List below all positions held since college, including the title or description of job. name of 
employer, location of wort*, and dates of inclusive employment. 

Executive Director . Asian Law Caucus. Inc., San Francisco. CA. 

'7,'Q] Lfl Present. _ 

Asian Amer. Funding Director . Bob Matsui for Senate Committee. 

-ar-amen-r, '"A | Q! "1 ^°1 _ _ 

Washington. DC Representative . Japanese American Citizens League, 

KaatoagEflo 3 r "s° -o | /Q i . 

Executive Director . Chicago Commission on Asian American Affairs. 
'.hi ra ? n ". | 30 -o "89 

Community Liaison . Mayor's Advisorv Committee on Asian American 
Affairs -rTrx ? n ."nntm «;si nn on ■■mar Rplannns Chicago. IL JLlSI-12/88 

Staff Director , .American Bar Association, Private Bar Involvement 
'"""" ' r.-rnjn ,. /8. ?, . , 35. — 

Pro Bono Coordinator . American 3ar Association. Chicago. IL. 12/81 
m [21B2 - — 



45 



Staff Attornev/R.H. Smith Fellow, Legal Services of Northern Calif.. 



Saccaneim 



*'W r° 



Graduate Legal Assistant . State or California. Agricultural ^abor 



Laxians =*narri ^r'^pnr^. 



S/7Q -n VflO. 



Law Clerk/ Outreach Worker . Asian Legal Services Outreach, Sacramento. 

.-a •s.y rn m/" jSi ^'" g tfl '~" 7fi - ' 



Government 
experience: 



Published 
writings: 



is, any advisory, consultat.ve. honorary or other oan-time serv.ee or potions w„h Federal. 
State, or .oca, governments other than .nose listed above. 

r ._,. rM , n <; Civil Rig hts Commission. 

Qaj^flrji i a &jtosflT2 gammas lj --- &— 

1993 to 1994. 



-—^^Ii Intern. Office or U.S. Repr esentative Abner .. 



List the titles, oub.ishers and dates of books, articles, reports or other published materials 
you have written. = „«/«» 

•m«h*1 Minority'". Chicag o Tribune . 5/29/80. 

"Stereotypes and a Mo del Mxnor T -S — ^ ^ 

j^r:ric CTtxzen, «^ Jaoanese .American Citi zens League) 

rcenoersnip n ewspaper of Japanese . 

"Who's -or rairness. ^i an * eeK ' [ ;a "' s/18/90 

"t,as Equity " vhslunton Post Wtters sec . 3/18/90. . 

■ W t Oversi^iiy^P^^ g ^gg ^spaper . 6/93. 
,k„hei Mainichi o a a neg 1 g a ^^ ^ ^ 



VTA7T- Ma.cn' trorgoc Their nenta... Hokubei .Wch, ., TJ— 

■Th, Price of S£g25gg|fej^fel^^ fifarf ^fejF P 

"In Defense or Civil Rights. New v °*« Diversitv. 1993 ed. 

^,„ P,nfic An. — BBBSag " ^1 _ - 

St Last: A National Legal voice u. » ; - - • -~ ^^ ^ 



"At Last: A National i*s«" —•> iqq ^ 

^^^ , 1g nts." Minora, Uwournal. ,al. 1993 

"Find a Coaaon Language « **«■■?■• . QQ4 (T 



Vol .1. So. 3. 

the People - jusL 



Language or ^"'"T'Mav'"'?^' (Telephone inter- 
actions Conf e rence. ABA lonrnal. May. 1994 (Teleph 

view edited as an article;. 



Political 
affiliations 
and activities: 



List all memoerships and offices held in or financial contribution, and services rendered to 
all political parttes or election committees during the last five years. 
-Staff of Bob Matsui for Senate G-t »«,_ organized fundraisers 



If of Bob Matsui tor senate vg^-p. - 



-■Contributions: 



Paul Simon for U.S. Senate. ^ * 125 40 
Batau em Congress r ^r"> , ^ ?%■ ^ 

Barney Frank for Congress Committee. 

-n r nrt- of n »"^ ^^- L9 ' ? , " , " 
Pat Saiki in '90 Committee, 19« 

f'r' T ° n<; ' :or 



_ i^npr Unlm ^ f ^rrnn. 1990, 5-S^ ■ 

Lon Hatamiya for Assembly. 1990. S50. 



, i p nf .. a£ Til a rnllin 1QQ 1 ; S5C . 



Nornan Mineta for Congress. 1992 $50. 

Gloria pchoa a ror f Con fo ess. c 1992. a ; - 9 

Friends of John Vasconcellos. 1992. - 



Warren Furutam for 



City Council. 1993. >50. 



Future emoioyment 
reiationsnios: 



.ndicate wne.her you -fl sever ,11 connections with your present employer, business 
firm association or organization il you are confirmed by the Senate. 



Yes. 



««« whether you have any plans after completing government serv.ee to resume em- 
"£^J£Z or P-ctice w.th your previous employer, bus.ness firm, asscoa- 
tion or organization. 



No. 



46 



2. List any investments, oohgations. Natalities, or other financial relationships wn.cn con- 
stitute potential contlcts of interest with the position to which you nave Seen 
nominated. 



None. 



3. Has a commitment been made to you for employment after you leave Federal service? 



No. 



4. Do you intend to serve the full term for which you have been appointed or until the next 
Presidential election, whichever is applicable? 



Yes. 



Potential conflicts 
of interest: 



1. Describe any financial arrangements, deferred compensation agreements or other con- 
tinuing financial, business or professional deal.ngs with business associates, clienr- 
or customers who will be affected by policies which you will influence in the positi' 
to which you have been nominated. 



None. 



Describe any business relationship, dealing or financial transaction wnicn you nave nad 
during the last five years wnether for yourself, on oenalt of a client, or acting as an 
agent, that constitutes a potential conflict of interest with the position to wnicn you 
have been nominated. 

From 1989 to 1991, I was the Washington, D.C. Representative of a 
cjjhJ '-■"] h '-^ ~rrp"' 1 tasa on — aba Jaaaaaca innruin Pini a ng I a ann a 
and advocated on legislative proposals and administrative policies. 

•fTiio infln/l»/l fho C < „ ■, t ginhrg Irr Qjg 1 OOn -,hi/-K in c- 1 i fl h 1- 1 v 

different form, was enacted in 1991 and affects policies of the 

Pmr r am n,rr»»rly rhc SxeCUJJJM n-irorrnr nf rho Ao-ion | jw 

Caucus. Inc., a legal civil rights organization that provides legal 

'"•" r " r " I n ' J JaCama *<"a" Pttrif'r Ari«»T"<<-ano in -. friary Q f 

areas, including employment discrimination. While, as Director. I 

-■m n^r -ho 3 rrr,T-nov nf r-gr-nr-A -n ;n,-h 'innarinn T ~nt,o nananomonr 

decisions, allocate resources and contribute to strategy on this and 
■^ r "'"- LagaJ uask ■~- f sfaa toxaa I ■>" Caucus 



List any lobbying activity during the past 10 years in which you have engaged for th« 
purpose of directly or indirectly influencing the passage, defeat or modification of any 
Federal legislation or of affecting the administration and execution of Federal law o: 
policy. 

Civil Liberties Act of 1988. volunteer grassroots advocacy and 
— au i uiuif iui funding, uf ehc, jame en '"'aj i iii ' ii^tuu . O.u. — Au i ucmt.a 
for sensitivity to Asian American concerns in college admissions 

from 1009 lu 1000 un behalf ut * he JAGL. Ounuoi ' tad ehe ui * ii 

Rights Act of 1990 on behalf of JACL. Testified for and supported 
Senate Joint najoiucion S 8 0. again fo r u'AGLi. in 1000. uu pp agtea 



again to r uAOli. in 
family unity provisions of the T mmigration Act of 1990 on behalf of 
' .li e JACL. Oupuortud p assage ti t w e iiaee C r imes ueucueica Ae e tor 



JACL. Supported provisions of the Federal Maritime Commission 
Authorization Bill E1HI pToTSCTBa I'lgnrs it ! l<5tnafl<?se American 
fishermen in 1990. again for JACL. 



5. Explain how you will resotve arty potential conflict of interest that may be disclosed by 
your responses to the above items. 

Will recuse myself from any Commission actions on cases involving 

the Asian LaU L-3UCUS mac JrUSJt! JuTing Hv ' SnU T e at ALL and on a 

case by case basis thereafter co avoid apparent conflict of interest. 

BUI resign trod me Boarfl BI i'lrecIoTS it CHE National Asian Pacific 

American Legal Consortium upon confirmation to the EEOC. Other than 



47 



as requirea by roie of EEOC Commissioner , will not engage in any lobbying 
activities upon confirmation lo the EEOC. Will consult with agency 
ethics officials as appropriate on anv matters involving potential 
conflicts of interest. 



N 



United States Hispanic Chamber of Commerce 



June 2'4,n°94 



ElJlott Rivera 
Chaeman of the Board 



Danle* H. Jara 
VTceChaaTnan 



Jou F. NIAo 

President/CEO 



BOARD OF DIRECTORS 

Region I 

-crura S. Luian * 

Martinez. CA 
Frank A. Gutierrez 

Yaldma. Washington 
Manual A. Roaala* 

San Franaaoo. CA 

Region II 

Ronald Montoya 

Denver. CO 
Jose L c arenas 

Nogaies. AZ 
Martin Candeiana 

Albuquerque. NM 

Region HI 
Manny J. Lopez " 

KansaaClty. MO 
Uc Ernesto Chavama 

Austin. TX 
Adan Trevmo 

Houston. TX 

Region IV 

Rlc Gonzalez * 

Madison Heighta. Ml 
Fernando Chavama 

Roiling Meadows. IL 
Josepn Mano Moreno 

Chicago, IL 

Region V 

Juan Bustamante ' 

Passaic. NJ 
David Fernandez. Esq. 

Washington. DC 
Daniel H. Jam 

Paterson. NJ 

Region VI 

Vicente P Rodriguez ' 

Hialeen. FL 
Gladys m Montiei 

Roswel. GA 
EUoa Riven 

Hato Rey. PR 



The Honorable Paui Simon 
Senate Labor and Human Resources Committee 
462 Dirlcsen Senate Office Building 
Washington DC 20510 

Dear Senator Simon: 

The United States Hispanic Chamber of Commerce (USHCC) enthusiastically recommends 
attorney Gilbert F. Casellas. currently General Counsel to the Air Force, to be Chairman of the 
Equal Employment Opportunity Commission. 

Based on his professional accomplishments and outstanding contributions. Mr. Cnsrlla<; is an 
excellent appointment for this position. As a legal expert in both military and civilian matters, 
he has incredible litigation, management and leadership experience. As the General Counsel to 
the Air Force, he supervises a legal staff and is the chief authority to 2,000 attorneys. Previously, 
Mr. Casellas was a partner and a member of a Management Committee at a Philadelphia law 
firm and administered complex litigation. Furthermore, he served as the Receiver, appointed 
by Judge Norma Shapiro, in three Title VTI suits involving the negotiation and settlement of 
disputes over attorneys' fees. 

As an active participant in community affairs, Gilbert Casellas has been involved in numerous 
professional cultural and societal organizations. He served as the National President of the 
Hispanic National Bar Association. President of the University of Pennsylvania Law Alumni 
Society and held various leadership positions in the Philadelphia Bar Association. Mr. Cav.llas 
has also been on the Board of Trustees of the Philadelphia Bar Foundation, the Board of 
Directors at the Public Interest Law Center and an active member of the American Bar 
Association. 

Through his work and association with these organizations. Mr. Casrllav a firm believer m equal 
opportunity, has always fought against gender and raaal discrimination. As the grandson of a 
.Puerto Rican entrepreneur, he has an active interest in Hispanic business. The USHCC believes 
that the cultural background and diverse accomplishments of Mr. Casellas. as the first Hispanic 
to head a Federal Agency, will be strong assets to our government. The USHCC would like 
lo commend the appointment oi Gilbert F. Casellas as Chairman of the EEOC. 

The United States Hispanic Chamber of Commerce (USHCC) is the p reem inent Hispanic 
business organization whose primary goal is to represent the interest of over 650,000 Hispamc- 
owned businesses in the U.S. and Puerto Rico. Through its network of nearly 200 local Hispanic 
chambers of commerce across the country, the USHCC is the umbrella organization that actively 
promotes the economic growth and development of Hispanic entrepreneurs. 



Sincerely, 



^L. 




■ J &£#2>> 



Jose Nino 
President/CEO 

CO Senate Labor and Human Resources Committee 



48 



Jnirman 
/'KECINALD K. BRACK. Jr. 

Senior Vice~Chairman 
BERNARD C WATSON 

Vice-Chairmen 
M. ANTHONY BURNS 
WILUAM R. HOWELL 
DONALD R. KEOUCH 
ROBERT C. LARSON 

Secretary 
LYNNETTt TAYLOR 

Militant Secretary 
HOWARD C. DAVIS 

Treasurer 

FREDERICK D. WILKINSON. Jr. 

assistant Treasurer 
T. JOSEPH SEMROD 

President and Chiet Executive Officer 
JOHN E. JACOB 

Board or Trustees 

iaMnO.-on 
MKM a. Mmtanow 
Clon* iMkfc Ejo. 
William B. Bond 

>n^^nr orOrtrWan 

Z v *h i. 8 urw 

ftcfu/dM. Carte 
OwieiM.Co.ltot 
Edith w. Coooar 

A. 8niOtO»w»eV 

Thomas 0. Donartue 
wavnatmbrv 

■ui on e iwrnx. iw. 
Elinor i. Pvroofi 
OeanS. Ferm 
Caonj* m. C Tishar 
Anchcirtv (. Orart 
m#i H. Craaorv. CLU 
Alton i. HaiC Jr. 

>win I. Hamilton. J/.. £iq_ 
William W. Hum 
C Roben K»dd*r 
UCk L Ledemr 
Georjt Jt. lewn 
Ann Liberman 
Jonathan S. linen 
Margaret R Lord 

'•urm* m M-xneil — 

MM L. Morrow 
Robert M. Murprrv 
Mindc*l I. W — 
■tjiriiiond 1- P'itL'**Pd 
CacwmeA. Rein 
w. hwMw Ricfiarmon 
RovS. Roberts 
Dan* Stevem Robmion 

r>'j."iin $. Ruffm 

John L. iirm 
WMnv f Smith ill 
Burton 8. Starwar 
Thome* W Tewfeiburv 
N jtrun* Trtvet 
CilMt Tyler 
Robert L William* 
GarvZentrt.tya- 
Edward C Zlnbenj 

Ejt-O/fic/o 

LYNNEM.BORCES 
)OHNW. DEAN, Esq. 

mmvjtite Past ChJ/rman 
ROBERT C. LARSON 

Honorary Trustee* 
COY C. EKLUND 
THEODOREW. KHEEL 




National Urban League, Inc. 



July 3, 1994 



Wauun*ion Ooeraoom 

1111 UlhStrMt. N.w. 6ttl Hoo< 

W«mnt;too. 0.C :0OOS-56O3 

Telephone (202) 898-1604 



The Honorable Paul Simon 

Chairman, Subcommittee on Employment and Productivity, 

Senate Labor & Human Resources Committee 

Room SD-644 

Senate Dirksen Office Building 

1st and C Streets, N.E. 

Washington, D.C. 20510 



Dear Mr. Chairman, 

The National Urban League would like to express our 
pleasure at the nomination of Gilbert Casellas as Chairmar 
of the United States Equal Employment Opportunity 
Commission. 

We believe that Mr. Casellas' experience and background, 
including serving as General Counsel to the United States 
Air Force and Special Counsel on the Philadelphia 
Commission on Human Rights, makes him exceptionally well 
qualified for the position. His commitment to the rights 
of women and minorities has been demonstrated and is 
enduring. 

The National Urban League strongly supports the nomination 
of Gilbert Casellas and urges your committee to speedily 
confirm him so he can apply his dedication and skills to 
the very important work of the Equal Employment 
Opportunity Commission. 

Thank you in advance for your support. 




2^-C 



Robert McAlpine 

Di rector 

Policy and Government Relations 

cc: Members of the Subcommittee on Employment and 
Productivity, Senate Labor and Human Resources Committee 



49 



Chicago Chapter Japanese American Citizens League 

5415 North Clark Street 
Chicago. Illinois 60640 

Telephone 312 728-7171 

July 13, 1994 



Honorable Paul Simon 
United States Senate 
Dirksen Senate Office Building 
Washington, D.C. 20510 

Dear Senator Simon: 

The Chicago Chapter of the Japanese American Citizens League urges you to 
vote to confirm President Clinton's nomination of Paul Igasaki to the U.S. Equal 
Employment Opportunity Commission. It is our understanding that you will be 
chairing committee hearings on the appointment on July 21st. 

Paul, a former President of our chapter, has been in the forefront of 
human rights issues and in the Asian American community in Chicago and 
California. He was Asian American liaison to Mayor Harold Washington and on the 
staff of Chicago's Human Relations Commission. He was also the National 
Washinton D.C. representative for the Japanese American Citizens League before 
joining the Asian Law Caucus in San Francisco. 



We hope that you will give Paul your support. 




Ross 

President 



laterfolth Prisoners Of CoBtileace Prefect 



July 15, 1994 



£<^oc 



* 



The Son. Paul Simon 
United Statas Sinats 
Washington, DC 20510 

PAX 2027224-0863 

Rai Mr. Paul Tgaeaki, Esq. 

Dear Senator Simon i 

Aa ono autivs in various oivil rights and o ui ii Hinnl ty 
organisations nationally, I BO— and Hr. Paul Igaaald to b» 
appointed to th» important, pooition in tb« ■ Hqual Employment 
Opportunity Coaniaaion for whioh ha uag ooainatad, aa I 
understand ha com before tho aoaaaittaa whioh yon ahair 
thin coning week. 

X have known Hr. Zgaeaki for many yaara, having worknd 

together with him on civil righto and otbor a ninH ty 

nan iaauoa, partioulorly u related to paopla of oolor. 

wtmommjsu x raow mj, igaaaJcl not only aa a »aU informed lawyar who 

has claar under standing of varioMcarplai soaie-tal isuuea, 
bat also aa one who haa tha aapaoity and experience Lo 
resolve societal, problems with giwnt statesmanship and 
" ■■<*» diplomacy. 

aSlaeMMsjaaji 

m »a» is Those of ua who have worked with hlffl respect aim as a person 

i - , j ■ __, _■ j_ with a strong sense of fairness with the aapaoity to enable 

JMHiktsig others to work together for common good. 



:iai— w. 



50 



-*. — i 



IX MbM 

u 

TWSHii ta 



Mil 



n: 



We appcauioLn his nomination al»o as an Asian Anorlonn, 
Inasmuch a» he has much valuable nxMrnnco iu Asian 
American affairs, With ths years that he has already ipsr.t. 
in Tlssnington D.C. as a national rnpraitntativn of ths 
respected Japanese Aamrioan Citizens League, ha has 
established relationships that would serve the EEOC mil in 
the position to which he has been, nominated. 



we wlah the committee which you chair well as yon 
IgasaJci this coming weak. 



jiont Paul 



81noerely yours. 



<?■ 




sZa-c^eZa, 



The Rev. S. Michael TasatoKe, Ph.u., director 
Interfaith Prisoners of Consaienaa Project 
National Council of the Churches of Christ, USA 



8B_ 

HI • 



Lawyers' Committee for 
Civil Rights Under Law 



1450 G Street. NW 
Suite -KX5 
Washington. DC 20005 



Tel: 202/662-8600 
Fax 202/783-0857 
Bulletin Boara 202/783-085* 



Baa QUI 



July 15, 1994 



Hon. Paul Simon, Chairman 

Subcommittee on Employment and Productivity, 

Senate Committee on Labor and Human Resources 
Senate Dir)csen Office Building, Room 642 
Washington, D.C. 20510-6308 

Re: Nomination of Gilbert Casellas to be Chairman 

of the U.S. Equal Employment Opportunity Commission 

Nomination of Paul Igasaki to be Deputy Chairman 

of the U.S. Equal Employment Opportunity Commission 

Nomination of Paul Miller to be Commissioner 

of the U.S. Soual Employment Opp ortunity Commission 

Dear Senator Simon: 

ThanJc you for giving us the opportunity to submit a brief 
statement in connection with the above nominations to the United 
States Equal Employment Opportunity Commission. It is essential that 
these positions be filled as quickly as possible, so that the Commis- 
sion will receive the leadership it needs to begin resolving its 
critical, problems. 

The lawyers' Committee supports these nominations, and 
urges your Committee to report them favorably to the full Committee 
and the Senate. 



Sincerely, 



s Herbert JC/Hansell 
Co-Chair 



^K»-) 




Michael A. 

Co-Chair 




51 

Asian Pacific 
American Labor 
Alliance ^1/ 

July IS. 1994 



The Honorable Paul Simon, Chairperson 
Constrtution Subcommittee 
Senate Judiciary Committee 
524 Dirksen Office Building 
Washington, DC 20510 

Dear Senator Simon: 

On behalf of the Asian Pacific American Labor Alliance, AFL-CIO, I am 
writing to express our strong support for the appointments of Gilbert F. Caseilas 
as chairperson and Paul Miller and Paul Igasaki as commissioners of the U.S. 
Equal Employment Opportunity Commission (EEOC). 

Social and economic discrimination against minorities and women is all too 
prevalent in America. It is important now, more than ever, that there be strong 
leaders within the EEOC to safeguard the civil rights of all American workers. 
These three nominees are excellent choices to provide that leadership. Each 
nominee possesses the necessary qualifications, dedication and experience as 
advocates in the enforcement of civil rights. Together, they make a formidable 
team to reaffirm our country's commitment to the cause of equity, justice and the 
promotion of fair employment opportunity. 

We respectfully urge you to swiftly approve these outstanding candidates. 




Matthew Finucane 
Executive Director 

SCHNADER. HaKRINON. SeCAL & LEWtB 

attooncs at uw 

Suite 3600 

GOO m*bkct Sthcct 

Pnilaoclphia. Pennsylvania I9I03-4232 

21S-7SI-JOOO 

Honorable Paul Simon. Chairman 
Subcommittee on Employment and Productivity 
Senate Committee on Labor and Human Resources 
Senator Dirksen Office Building, Room 642 
Washington. DC. 20510-6308 

Re: Nomination of Gilbert Caseilas to be Chairman, 

U.S. Equal Employment Opportun ity Commission 

Dear Senator Simon: 

I wish to make a brief statement in support of the nomination of Gilbert 
Caseilas to be Chairman of' the U.S. Equal Employment Opportunity Commission. 



BOSTON PUBLIC LIBRARY 



52 



3 9999 05982 681 6 



Having served as the Chairman or EEOC from April. 1969 until December, 
1973 I know now crmcallv important it is to have sensitive, committed, enlightened 
leadership at the head of this mucn-needed agency. I have known Gil Caseilas for many 
years having worked with him on a number Bar Association committees. Without question, 
he wi'll make an excellent Chairman of the EEOC. He will bring to the posioon gTeat 
intelligence sensitivity, and commitment, all balanced with a sense of fairness. I can think 
of no individual better qualified to assume the leadership of EEOC at a time when the agency 
faces so many critical problems. 

1 therefore support die nomination of Gil Caseilas wholeheartedly, and urge 
your Committee to report him favorably to the full Committee and the Senate, as quickly as 
possible. 




'</&„#&-£ 



z?5r 



William H. Brown. Ill 



voUNaKTM 

3IU1 



[YUM 

vice micSioimt 

1ILUM1TO 

SKAOON K. I —a ft 

sccrctamt 

am mmm 

•eaiMA kwwi riiuutON 

3 tti 3» 



omt cfuw n 

MAMA SASUlO 
SOOCRT M. MATCM 
OAWIO K. laASAKJ 
AIMOK X. Ul LWWI 
CAU/IM K. MAUIHIO 
CMMTLOU MEDINA 
J CAM MAJtlC «. ffCOASTTC 



Asian American Bar Association 
of the Greater Chicago Area 

a nor n* tmarrr u u n ma n ne w 

aox a.i7«j« 

CHICAGO. ILLINOIS 0O8»O 



SUZANNE K. UOAOUH 

wester SUMJ 

Sue T O — K AMA 
STSrviAMJB KJM TCE 



July 19, 1994 



VIA PACSDCIaS 

Honorable Paul Simon 
united states Senate 
DlrJcaen Senate Off ice Building 
Washington, O.C. 20510 



COMMITTUS 



Lou* 

DAVID K. lOASAU. CHAW 

cowMUMmr Kirvicsa * noanui» 

WC5LCT fUHa COCMAm 
lilffvwl KIM Til. CO-CHAIS 



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■J MMW P osvcLOFMOfn 

CRUESTI UNO. CaXMAIR 
CMMrLOU HUMA CO-OtAin 

lOCLAU 

ASHOK K. L A O ASIMI. CO-CMAI* 

HCOMA IOAM1 PCT 



MCMSCNtHIP S S WVttm • mowwo 
J CAM MARIS R. PECHETTC. CO-CHAJS 
JtAJ KAAAWAM. C&OtAW 

LAW STUDENT irBVICri a PWOOJtAM*. 
(UZAMNK «. aAMUAA. CO-CHAIR 
CAMCST Y. UNO. CO-OiAiS 



Dear Senator Simon: 

The Asian American Bar Association of the Greater Chicago Area 
CAABA") urges you co vote to confirm Paul Tgnsaki as fnmm-ic<ij nr|«»c 
of the U.S. Equal Employment Opportunity Caamisslan. We understand 
that you will be chairing the confirmation hearings on Thursday, 
July 21, 1994. Paul was one of the founding organizers of AABA »t i<* 
served as its first vice President. While in Chicago, Paul was a 
leader in the Asian American community serving as Asian American 
Liaison to Mayor Harold Washington and as a staffer at the Chicago 
Hu man Relations Commission. He was also President of the Chicago 
Chapter of_the Japanese American Citizens League before going on to 
become the lobbyist for the national Japanese American Citizens 
League in Washington, D.C., and eventually Executive Director of 
the Asian Lav Caucus in San Francisco. 

Paul will bring management experience and diversity to the 
HBOC. His work in Illinois, Washington, D.C. and California have 
prepared and qualified him tor this post. We would appreciate your 
support for his confirmation. 



Yours truly. 




Yoiing Kim \ 
President 

rfhe Asian iimerican Bar Association 
/of the Greater Chicago Area 



53 



PAUL. W6ISS. MP KIND. WHARTON 8 CAfcfUSON 
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(212) 373-3135 July 21, 1994 



VZs ftamdfr - (202) 2244128 



Honorable Pml Simon 
United Stun Senate 
Attention; Kristina Zahortk 
462Dlxkacn 

Washington, D.C. 20510 



Deer Senator Simon: 



Gilbert CanrilM 



I am delighted to note my high esteem for Gilbert Casallai and my 
compietB confidence mat he will be an outstanding Chair of the Equal Employment 
Opportunity Commission. 

I first met him more than fifteen years ago, when he was a student in a class I 
tanght on Race and the American Legal Process at the University of Pennsylvania 
Law School. I was profoundly impressed with the balanced judgment he had, even 
then as a law rnvtrnr I remember his probing inquiries and thoughtful comments 
about how the law could be ^"tt^ in a responsible way to eradicate the vesugea of 
prejudice and to assure equal opportunity for all. 

When 1 moved from the U.S. District Court to the U.S. Court of Appeals, I 
was able to have an ffMW n "» l law clerk, and I invited him to join my staff, even 
though he was an mf w "* M *' in one of Philadelphia's most prestigious law firms. 

He is a potion of balanced judgment, a l e sp e ctc r of the role of law, and one 
who would bring a balanced perspective to fairly enforce the law in a constructive 
fashion to assure maximum justice for all Americans. The nation will be fortunate to 
have Gilbert CmBgj as Chair of the Equal Emplo ym e nt Opport u nity Commission. I 
support his nomination with confidence and enthusiasm, and I trust that there will be 
a prompt confirmation. 

With warmest personal regards and highest admiration, I am 

Sincerely, 

A. Leon HfgginbGtham, Jr. 



54 



^cwncan Federation of Labor and Congress of Industrial' Organizations 




818 Snaanin straw. NiW. 
WMAtnoton C. XOX 

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July 14, 1994 



HooonhleiPxnl Simon, Chair 
rrmq-hihin Subcommittee 
Some Judiciary- Committee 
£24 Dirksen Office Building 
Washington. D. C. 205 10 

Dear B— f Simon: 



. ... 



The naminanon of qualified persons seoacive to worker I righuj aa I Chair and as 
Commisnorjen of the United States Equal Employment O up o itm uty Co tnmtK ifm (EHOC) is 
extremely important to the AEL-CIO. We believe thai Gilbert F. CavHln.lPanl Miller and Paul 
IgasaJd meet_uiat_ criteria and respectfully urge your considerajaani and. support at", their 
nomirnrnom 

'I — — * 

July Z, 1994 marked the thirtieth anniversary of the Civil Rights Actt>f 1964. The AFL- 
ClO-wu-a- leader among s up p or t e r s who fought for passage of this- landmark: di&rigbts^w. 
It was AFL-CTO President George Meany who insisted that Title iVII».tJie, equal employment 
opportunity provision be included in the Act. Today, social and economic divrimirarinn against 
minorities,* women and others scH haunts America despite tae gainswc have made over the 
vears- We reaffirm our comcratmem to equal employment opportunity, i! ' 

VI, 

Tho AFL-CIO supports tho armointment of Gilbert F, Casellasfbr the potlfion-oLChair 
and Paul Miller. Tid Paul IgBsalri for the positions- of Commissioners of the 'IT. S. Equal 
Employment Opportumry Commission. Each of these nominees is well qualified and. has a 
ra story of dedlcarion in the snuggle for enforcement of worker civil rights. Together, they make 
a formidable: team to reaffirm our country'] commitment to the cause of equity and justice and 
tie promotion of equal employment opportunity. We urge their spe ed y approval. 



Sincerely, 



fCooert M. MeGbxten 

Director /S 

Department of Lcgulanon 




Womack 
Director 
Department of Civil- Rights 



Senator Semon. Our hearing stands adjourned. 
[Whereupon, at 11:47 a.m., the committee was adjourned.]