The Trump administration has nominated Eric Dreiband as head of the Civil Rights Division of the DOJ despite, or perhaps because of, his long history of protecting employers from civil rights lawsuits. Though the former Vice Chair of the EEOC described him as a very smart lawyer, with integrity, dedicated to civil rights laws, both she and Dreiband have spent most of their professional lives advocating on behalf of employers involved in employment and civil rights disputes.

In this regard, Dreiband is no slouch. He represented Abercrombie & Fitch at the Supreme Court, unsuccessfully arguing that they were entitled to discriminate against a woman for wearing a headscarf based on their 'look policy.'More recently Dreiband has represented RJReynolds against EEOC in a claim of age discrimination, which he won strongly at the 11th Circuit Court of Appeal, a court dominated by Clinton and Obama nominees. He also represented Bloomberg L.P. against the EEOC on issues of pregnancy and maternity leave, winning strongly in the Southern District of New York. More alarmingly, he argued on behalf of The University of North Carolina against an ACLU challenge to HB2, the anti-transgender 'bathroom bill'; he testified to Congress against the imposition of wage discrimination legislation; he opposed 'ban the box' legislation which would have allowed job applicants to reach a higher stage of evaluation before having to disclose criminal convictions, a measure that disproportionately affects people of color; and he lobbied against strengthening workplace protections for elderly Americans.

Dreiband also represented the Archbishop of Washington DC and other Catholic organizations in their challenge to the ACA contraception mandate. This is a professional experience at odds with the mission of the Civil Rights Division of the DOJ, charged to "uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society." It is little surprise that most major civil rights organizations oppose the Dreiband nomination.

The ACLU exhorts vigilance: "With a history of restricting civil rights, Drieband's record must be thoroughly examined and weighed for his fitness to serve in the position that is supposed to advocate for the rights of all Americans, regardless of their background."

The NAACP's thorough critique concludes that "Dreiband's nomination… continues the Trump administration's disturbing trend of retreating from—if not outright undermining—fundamental civil rights priorities. Dreiband… has a troubling lack of experience, having done no significant work in other issue areas central to the Division's mission, including urgent priorities like voting rights and policing reform."

Eric Dreiband's absence of moral imperative in respect of civil rights makes him a wholly unsuitable custodian of the Civil Rights Division, 'the crown jewel,' of the DOJ.