Washington, DC – On May 9, CDW sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee to  “express our concerns with the current tension between federal anti-discrimination laws and federal labor relations laws as implemented by the NLRB and its General Counsel.”

On Tuesday, May 10, the HELP Committee will be hearing from President Biden’s nominee to the Equal Employment Opportunity Commission (EEOC), Kalpana Kotagal, and CDW believes Ms. Kotagal and the HELP Committee members should address the concerning enforcement trend from the NLRB that creates a conflict between federal labor relations law and federal anti-discrimination laws, forcing employers to choose which laws to comply with.

As our letter explains, “Enforcement efforts by [NLRB] General Counsel Jennifer Abruzzo are creating an impossible situation for the employer community where they will be forced to choose between compliance with federal anti-discrimination laws or federal labor relations laws, exposing employers to significant liability and employees to unsafe, hostile workplaces.”

The letter explains, “Federal agencies should not deliberately create conflicts between federal laws and should not put employers in the impossible position of choosing which laws to comply with in a given situation. Additionally, union organizers and their supporters should not have the right to create unsafe and hostile workplaces. Employees are entitled to safe work environments free from harassment and abuse. The EEOC and NLRB should work together to ensure employers understand their obligations under their respective laws and employees have the ability to collectively bargain without violating the rights and well-being of others.”