You're Hired! How Trump's EEOC and NLRB appointments may impact your business.

AuthorFinlinson, Victoria 'Torie'
PositionLegal Brief

In just his first week in office, President Donald Trump, through two new appointments, has initiated an ideology shift at the Equal Employment Opportunity Commission and the National Labor Relations Board. Republicans Victoria Lipnic and Philip A. Miscimarra were appointed as acting chairpersons for the EEOC and NLRB, respectively. Both Lipnic and Miscimarra were appointed to the EEOC and NLRB under President Obama's tenure, however all signs point to more employer-friendly employment regulations than their left-leaning predecessors.

Lipnic's voting record since being appointed as an EEOC commissioner in 2010 has sometimes crossed party lines, but overall has shown a preference for less regulation. Specifically, Lipnic's public disdain for the controversial revisions of the annual Employment Information Report (EE0-1) set to go into effect in March of 2018 is indicative of Lipnic's future plans as acting chair of the EEOC. In September of last year, Lipnic voted against the proposal that requires employers to submit detailed pay data categorized by gender, race and ethnicity as a means of combating pay discrimination. Lipnic spoke out publicly against this proposed regulation, saying that it "should be relegated to the heap of bad policy ideas once and for all" and that instead, focus should be placed on the predominant reasons for the pay gap.

With Lipnic at the helm, the future of this EEOC rule, and other regulations promulgated by the EEOC, is unclear. Notably, Lipnic worked as a management-side attorney before entering government service and previously served as assistant secretary of labor for employment standards under President George W. Bush.

Similarly, Miscimarra, the sole Republican on the NLRB's five-member board, has clashed with his fellow board members on critical employment law...

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