Appointments signal new era in employment law enforcement

Lexology.com
Williams Mullen
David C. Burton, Heath H. Galloway
and J. Nelson Wilkinson USA
April 5 2010

Employers likely have not noticed a significant shift in the enforcement of labor and employment laws under the Obama administration. That is about to change. This month, the president announced recess appointments to fill 15 top spots at critical government agencies, including the National Labor Relations Board (“the Board”) and Equal Employment Opportunity Commission (“EEOC”). With the influx of leftleaning leadership at these key agencies, employers will face far harsher enforcement efforts and a markedly pro-union, pro-employee regulatory environment.
The Most Pro-Union Board in Memory
The most controversial recess appointment is of Craig Becker to the Board, the agency charged with enforcing the National Labor Relations Act. Becker has served as attorney to the AFL-CIO and the SEIU; not surprisingly, he is strongly backed by unions and strongly opposed by employers. Opposition to Becker has centered on his public comments, notably his stated belief that employers “should be stripped of any legally cognizable interest in their employees’ election of representatives.” Becker is also a staunch supporter of the Employee Free Choice Act. Though this bill has stalled in Congress, employers fear Becker will attempt to effectively put the law in place through the Board’s decisions and rules. ...

Aggressive Anti-Discrimination Enforcement at a Rejuvenated EEOC
The EEOC is responsible for investigating charges of race, sex, age, disability and other types of workplace discrimination. Due largely to a lack of resources, the EEOC has been somewhat stagnant in recent years. As the economy went into its recessionary spiral, the EEOC languished under an enormous backlog of complaints brought on by the wave of lay-offs across the country. The Bush administration showed little inclination to invest in the kind of funding or staffing that would enable the EEOC to resume a forceful role in enforcing civil rights laws.

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