Eric S. Dreiband

Partner

Washington + 1.202.879.3780

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Eric Dreiband represents clients in investigations, litigation, and counseling in civil rights, employment discrimination, whistleblower, wage and hour, and other matters. Prior to rejoining Jones Day in 2021, Eric served as the 18th Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice (DOJ), and he also served as the 12th General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC).

Under Eric's leadership, DOJ's Civil Rights Division set enforcement records for prosecutions of law enforcement officers and sexual harassment, religious liberty, and servicemember cases; charged the highest number of hate crimes cases in decades; significantly expanded resources for human trafficking prosecutions; prosecuted race and other forms of illegal discrimination in education, employment, housing, lending, and voting; reached historic disability rights settlements with several states; opposed unlawful COVID-19-related civil liberty restrictions; and successfully litigated to protect the Constitutional and civil rights of all people in the United States.

As EEOC general counsel, Eric led the Commission's litigation of the federal employment antidiscrimination laws, and he issued the Regional Attorneys' Manual, which established the policies of EEOC's litigation program. Eric also served at the Department of Labor (DOL) as deputy wage and hour administrator and directed DOL's enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and other laws.

From 1997 to 2000, Eric served as a prosecutor in the Office of Independent Counsel Kenneth W. Starr.

Eric has spoken and written extensively about civil rights and other employment laws, and he has testified about these subjects before committees of the U.S. House of Representatives and the U.S. Senate.

Experience

  • Wells Fargo achieves full dismissal with prejudice of systemic fair-lending litigationLocal governments asserting class-action style fair-lending claims concerning alleged residential mortgage practices voluntarily dismissed their claims with prejudice, noting that this dismissal is not the result of any settlement, against Jones Day client, Wells Fargo Bank, National Association affiliates.
  • Leading technology company successfully resolves DOJ temporary work visa-related matterJones Day represented a leading technology company in a successful settlement with the U.S. Department of Justice, Civil Rights Division, following an immigration-related employment investigation related to temporary work visas.
  • Large logistics provider defeats DOJ immigration-related investigationJones Day obtained a declination by the U.S. Department of Justice, Civil Rights Division, following an investigation into alleged unfair immigration-related employment practices of its client, a large logistics provider.
  • Wells Fargo obtains summary judgment win against government in systemic fair-lending litigationJones Day’s client, several Wells Fargo Bank, National Association affiliates, obtained summary judgment on all claims asserting discriminatory residential mortgage practices brought by Cook County, Illinois (the “County”) in the U.S. District Court for the Northern District of Illinois.
  • D.C. Retirement Board wins dismissal in whistleblower caseA D.C. Superior Court judge granted Jones Day's motion to dismiss a whistleblower action on behalf of the District of Columbia Retirement Board ("DCRB") and its Chair of the Board of Trustees, Joseph W. Clark.
  • R.J. Reynolds' victory in age discrimination case affirmed by Eleventh CircuitOn October 5, 2016, the U.S. Court of Appeals for the Eleventh Circuit sitting en banc affirmed a district court's decision in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), holding that disparate-impact hiring claims are unavailable under the Age Discrimination in Employment Act (ADEA), and that equitable tolling does not apply when an unsuccessful job applicant does nothing to pursue his claims until being contacted by a class-action lawyer several years after the statute of limitations has expired.
  • Abbott obtains dismissals of eight complaints alleging citizenship discrimination in connection with outsourcing of information technology operationsJones Day client Abbott Laboratories obtained dismissals of complaints filed by eight former employees alleging that the company discriminated against them based upon their citizenship when it outsourced its information technology operations to a third party contracting company.
  • CVS Pharmacy wins resounding Seventh Circuit victory over EEOC "pattern or practice" challenge to severance agreementOn December 17, 2015, the Seventh Circuit affirmed the dismissal of a suit in which the Equal Employment Opportunity Commission ("EEOC") alleged that a standard severance agreement used by Jones Day client CVS Pharmacy, Inc. constituted a "pattern or practice" of resistance to rights secured by Title VII of the Civil Rights Act of 1964.
  • Bloomberg wins dismissal in well-publicized pregnancy discrimination case brought by EEOCJones Day successfully defended Bloomberg, L.P. in a company-wide national and international discrimination and retaliation class action case brought by the Equal Employment Opportunity Commission (EEOC) that alleged that Bloomberg engaged in a pattern or practice of pregnancy discrimination by, among other things, reducing the pay of pregnant women and women who took maternity leave.
  • Abercrombie & Fitch argues in front of U.S. Supreme Court in Title VII religious accommodation caseJones Day represented Abercrombie & Fitch Co. in a Title VII case before the Supreme Court of the United States involving the standards for religious accommodation claims.
  • National retailer engaged in ongoing EEOC investigation regarding wellness planJones Day is representing a national retailer in an ongoing investigation by the EEOC about whether the retailer's wellness plan complies with the Americans with Disabilities and the Genetic Information Nondiscrimination Act.
  • Profiles International sold to John Wiley & SonsJones Day advised Profiles International, Inc. in the sale of the company to John Wiley & Sons, Inc.
  • U.S. Steel obtains dismissal in EEOC's challenge to their alcohol testing programJones Day represented U.S. Steel Corporation in this matter where the EEOC challenged U.S. Steel's random, suspicionless alcohol testing program for probationary coke plant employees, relying on its internal guidance to claim that such testing may only be performed with individualized, reasonable suspicion.
  • Nationwide communications company defeats EEOC discrimination chargesJones Day defended a nationwide communications company on a nationwide systemic EEOC charge alleging race and national origin discrimination based on the company's use of a broad-based criminal background check in hiring for all positions.
  • U.S. Commission on International Religious Freedom earns dismissal of EEOC's religious discrimination claimsJones Day represented the U.S. Commission on International Religious Freedom ("USCIRF") and its former chairman in this proceeding in which the complainant, a Muslim woman, alleged that USCIRF discriminated against her on the basis of religion by (1) rescinding a job offer it had extended to her; and (2) failing to renew her temporary contract.
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    December 2024 Commentary

    Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

    April 2024 Alert

    U.S. Supreme Court Modifies Title VII's Adverse Action Standard

    December 2023 Reprint

    What's Ahead For Immigrant Employee Rights Enforcement (Law360)

    November 2023 Alert

    DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

    July 2023 White Paper

    AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

    April 2023 External Publications

    Title VII of the Civil Rights Act of 1964 and Affirmative Action

    APRIL 2023 Commentary

    New Federal Laws Provide Expanded Protections for Pregnant and Nursing Workers

    January 2023 Commentary

    DOJ Criminal Division Announces Revisions to its Corporate Enforcement Policy

    October 2022 External Publications

    The Effects of Recent Supreme Court Rulings on the Authority of Administrative Agencies to Regulate the Workplace

    August 2022 External Publications

    Title VII of the Civil Rights Act of 1964 and Affirmative Action
    View All

    Additional Speaking Engagements

    • May 12, 2022
      55th Annual Pacific Coast Labor and Employment Law Conference: “DEI - A Legal Framework & Practical Steps"
    • January 26 - 27, 2017
      2017 Airline and Railway Labor and Employment Roundtable
    • November 17, 2016
      2016 Health Care Labor & Employment Symposium - Post Election Conference: What's Next?
    • October 19-22, 2016
      American Employment Law Council Conference (AELC)
    • September 29-30, 2016
      55th Annual Corporate Counsel Institute
    • July 15, 2015
      Supreme Court Review of Significant Employment Law Cases In The 2014-2015 Term
    • May 14-15, 2015
      2015 Health Care Labor & Employment Symposium
    • October 8, 2014
      2014 Labor & Employment Law Discussion Group
    • May 1-2, 2014
      Jones Day 2014 Railway Labor Act Symposium
    • March 17, 2014
      PLI’s Psychological Issues in Employment Law 2014
    • April 9, 2013
      2013 Government Contractor Labor & Employment Discussion Group
    • December 4, 2012
      The EEOC in President Obama's Second Term
    • November 14, 2012
      Employer Wellness Policies, ADA, HIPAA and Affordable Care Act Considerations, Ohio Chamber of Commerce Webinar
    • June 7 - 8, 2012
      Jones Day 2012 Railway Labor Act Symposium
    • June 28, 2011
      2011 Speaker Series
      Labor and Employment: The EEOC's Renewed Focus on Systemic Discrimination
    • April 13, 2011
      Executive Roundtable Series - Labor and Employment: What Should Employers Expect in 2011?
    • October 14, 2010
      2010 California Labor & Employment Law Briefing
    • July 15, 2010
      2010 Speaker Series: Perspectives on Federal Regulation
    • March 16, 2010
      Executive Roundtable Series: Top Employment Issues to Watch in 2010
    • February 16, 2010
      Employment and Labor Law: 2010: A Year of Potential Change, BrightTalk Summit
    • June 2009
      2009 Labor & Employment Legislative and Regulatory Briefing

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