Stephen Shulman: EEOC's Second Chairman Led Agency's Early Development

The EEOC lost part of its history, heritage and spirit when Stephen Neal Shulman, the agency's second chair, died in January at age 77.

President Lyndon Johnson appointed Shulman as the second chairman of the EEOC on September 14, 1966.  Shulman wrote that one of the primary challenges he faced during that formative time for the agency was the definition of discrimination itself.  He cited a case in which the agency held that requiring a sixth-grade education in a Southern plant was discriminatory against African-Americans.  The job in question was simple labor, Shulman said, and in this case, given the time, place and circumstances, the education requirement "served no function other than to preserve the white character of the work force." 

This position, Shulman pointed out, evolved into the "disparate impact" doctrine as defined by the U.S. Supreme Court in Griggs v. Duke Power Co.  "The Commission's earlier adoption of this approach in defining discrimination for purposes of its determination of reasonable cause was a step of great significance," Shulman wrote. 

Shulman presided over much of the early development of the fledgling agency and initiatives and activities that would come to define it.  During his chairmanship, several new field offices sprouted – the process was called "decentralization" in those days.  The agency opened offices in Los Angeles, San Francisco, New Orleans, Kansas City, Birmingham – and the Washington Field Office.  Charges from those areas jumped significantly.

The conciliation process was developed and refined, and conciliation was completed for more than four times as many charges in fiscal year 1967 (the bulk of Shulman's tenure) than in the previous year.

Chairman Shulman was a pioneer in combating what later came to be called systemic discrimination.  He stated he wanted to "get [EEOC] moving" with what he called a "wholesale" approach of industry-wide anti-discrimination programs to join the case-by-case "retail" pattern.  Shulman spearheaded a Textile Employment forum in Charlotte, N.C., which examined the problem of discrimination in the textile industry to overflow crowds.  Two leading textile firms (out of many more invited) presented their views and policies, as well as the American Textile Manufacturers Institute.  The forum resulted in proactive programs and changes in employment patterns for the industry.  EEOC officials coordinated a community-wide recruitment drive that produced a group of new hires for blacks in textile facilities. 

In March 1967, Shulman instituted the first nationwide program between federal, state and local governments aimed at broadening job opportunities for minorities.  The agency signed contracts allocating grants to 24 state and local FEPAs earmarked for specific, action-oriented programs in this area. 

The EEOC's second chairman was also an early promoter of proactive discrimination prevention, including technical assistance programs.  

A keen intellect, Shulman graduated from Harvard and moved on to Yale Law, where he served as editor-in-chief of the Law Journal.   He clerked for U.S. Supreme Court Justice John Harlan.  He worked with the Washington firm of Covington and Burling until May 1960, when he became assistant U.S. attorney for the District of Columbia.

In February 1961, Shulman was appointed executive assistant to Secretary of Labor (and future Supreme Court Justice) Arthur Goldberg.  While in this post, he served for a time as acting executive vice chairman of the President's Committee on Equal Employment Opportunity.  In 1962, Shulman was named deputy assistant secretary of defense in charge of civilian personnel and industrial relations.  In 1964, the area of civil rights was added to Shulman's responsibilities.  In 1965, not yet 30 years old, he was appointed general counsel of the Air Force.

Shulman served as EEOC Chairman until July 1, 1967, after which he formed the Washington law firm of Kane, Shulman and Schlei and became resident counsel in the D.C. office of the New York firm of Cadwalader, Wickersham and Taft.  In 1971, the two firms merged. 

During the Watergate scandals, Shulman got some attention by representing Egil "Bud" Krogh of the Nixon White House "plumbers" covert political espionage unit.  Shulman not only negotiated a plea deal for Krogh, but also "helped guide Krogh through a period of personal reckoning complicated by intense media attention," according to The Washington Post.  Shulman was "instrumental," Krogh told the Post's Bob Woodward, "in helping me determine that what I had done was not only illegal but morally wrong."
The Krogh case helped cement Shulman's reputation even more concretely as a top Washington litigator.  He continued his distinguished legal career, specializing in employment and tax law. He served until the late 1990s as managing partner of the Washington office of the New York firm Cadwalader, Wickersham & Taft.  Most recently, he practiced with Ivins, Phillips & Barker, where he worked until his death.