when i served as the general counsel of the eeoc, we litigated hundreds of cases. i personally intervened and argued on behalf of victims of age discrimination in several cases, both to authorize the cases on the front including several class action cases against major employers and law firms and argued in the u.s. court of appeals and worked with the solicitor generals on behalf of victims in supreme court cases and we recover more money for discrimination victims through eeoc's litigation program during my tenure than at any other time before or since in the e. oc's history and i'm proud of that service and feel honored to have served with many of the people still at the eeoc and i want to be clear i did not in any way mean to suggest that age discrimination is not a problem or that victims of discrimination should have and on russ burden to prove their case. that is not what i intended to imply and i wanted to make the record clear on that. >> i want to be sure i never inferred that from any of your statements. and it is just, i'm trying to figure out, there see

does the eeoc have an opinion on that? >> yes, we have issued statements about mandatory arbitration and about the risk of rights, mandatory arbitration could interfere with the appropriate protection of rights under federal law. >> thank you very much. mr. chairman. speak thank you mr. chairman and ms. berrien thank you for being here. i am concerned about how that the law passed by congress can impact small business, and which at this point in time are certainly the drivers of the economic growth and job creation and some people believe that the gross decision would actually be good for small business. and my question, in your opinion how do you think the proposed legislation would impact small business and could there be more paperwork, litigation, expands and are there other ways this legislation might actually impact small business from your perspective? >> in our experience, both small business and larger industries or employers look to the commission for guidance about how to comply with the laws that congress has p

eeoc -- does the eeoc have mandatory civil rights claims?harmful to enforce those as anything else. does the eeoc have an opinion on that? >> we have issued statements about the risk of rights that mandatory arbitration could interfere with rights and the appropriate rights under federal law. >> thank you very much. mr. chairman? >> thank you, mr. chairman, and thank you for being here. i am concerned about how the laws passed by congress can impact small businesses, which are certainly the drivers of economic growth and job creation. some people believe the position -- the gross decision could be good for small business, and my question is how you think the proposed legislation would in fact small business, and could there be more paperwork, more litigation, and are there other ways this legislate -- this legislation might impact small business? >> in our experience, small business of a larger industries or employers look to the commission for guidance about how to comply with the laws congress has passed, and we have a very targeted and wi

. >> what -- you were eeoc chair, what percentage of latina small business -- own small businesses actually get sba support? >> very little. it's growing numbers now. and we work very closely with the sb arc to make sure that they kicked in with the knowledge that, all of these other requirements depending on the laws, five employee, ten employees it's a growing number because that's -- as you said, it is a growing segment of the population. small businesses is actually as you know employ most people than all of the other forefun 500 companies. we're still four or five percent, something of that magnitudea lot of room for growth there. >> one of the interesting things that we haven't touched on yet is, we see a lot of small businesses especially women-owned business start up, they are significant. but we also see a lot of them fail. we talk how they're the drivers of job growth, of course i'm the economist, i have to be a little bit dismal. they are also -- see high failure rate. what can we do to make sure that those business stay in existence and ramp up. one of the interesting things abo

david lopez, number 618, to be general counsel of the eeoc. mr.president, i ask unanimous consent that the senate proceed to executive session for the purpose of consideration of calendar number 618, p. david lopez, that the nomination be confirmed, the motion to reconsider be laid on the table, in further motions be in order, the president be immediately notified of the senate's action and that any statements relating to the nominee appearing at the appropriate place in the record as if read. the presiding officer: is there 0,? burn brn i object. the presiding officer: objection is heard. ms. klobuchar: next one is joe an thompson, to be a member of the farm credit administration. coming from an agricultural state, i understand how important it is to have people in place for the farm credit administration, especially during this difficult time, which because of agencies like the farm credit administration, at least r. our rural areas have not gone off the cliff and have maintained some stability but are always challenged. mr. president, i ask una

. >> [unintelligible] >> it is a requirement that eeoc charges be filed to avoid unlawful discrimination. when does the statue of eliminations -- one is the statute of limitations -- when does the statue limitations commission on this? this city divided the applicants into three groups, well qualified, qualified, and not qualified. the lawsuit was filed 340 days after the test results were announced. but it was 181 days after the second time the test results were used. if you said that it has to be within 350 days of the time they were announced, it is not permissible. how do you determine when statute of limitations run? in terms of discriminatory impact clinton book title 7, that is the issue in the case. ->> how did you read the argument? >> i think it is really hard to read that argument. it is one that is really hard to call. there is a key difference in the argument. in ledbetter, she realistically could not have filed a discrimination claim because she did not know what the salaries of the other employees were. several justices saw that they could have brought to the challenges af

. >> [unintelligible] >> it is a requirement that eeoc charges be filed to avoid unlawful discriminationinations -- one is the statute of limitations -- when does the statue limitations commission on this? this city divided the applicants into three groups, well qualified, qualified, and not qualified. the lawsuit was filed 340 days afr the test results were announced. but it was 181 days after the second time the test results were used. if you said that it has to be within 350 days of the time they were announced, it is not permissible. how do you determine when statute of limitations run? in terms of discriminatory impact clinton book title 7, that is the issue in the case. ->> how did you read the argument? >> i think it is really hard to read that argument. it is one that is really hard to call. there is a key difference in the argument. in ledbetter,he realistical could not have filed a discrimination claim because she did not know what the salaries of the other employees were. several justices saw that they could have brought to the challenges after the results were announced. sinc