Clyde Snow

You’re Hired! How Trump’s EEOC and NLRB Appointments May Impact Your Business

by | Apr 24, 2017

In just his first week in office, President 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 combatting 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 issues. He was a vocal critic of the NLRB’s 2015 Browning-Ferris Industries ruling which loosened the standards for joint-employer liability, effectively exposing more businesses to lawsuits (this decision is currently on appeal before the D.C. Circuit). Miscimarra also vehemently opposed the NLRB’s 2012 D.R. Horton decision that rendered class-action waivers in employment agreements illegal (several courts have since refused to follow D.R. Horton). Like Lipnic, Miscimarra also worked as a management-side attorney before entering the public sector. This, coupled with his voting track record as a board member, indicates that Miscimarra will likely continue in his stand against over-regulation of businesses as Acting Chairman of the NLRB.

These appointments are the first step in the Trump Administration’s goal toward a Republican-controlled EEOC and NLRB. We can expect to see more appointments like Lipnic and Miscimarra in the near future and, more importantly, employers can anticipate more business-friendly rules and regulations from these governing entities. 

Sign up for our latest updates.

Recent Posts

The Ripple Effect Episode 133: Solar Garden Agrivoltaics

Byron Kominek, Owner and Manager of Jack's Solar Garden, explains how he revitalized his family farm with modern technology. A creative approach that mixes old-world farming and new-world energy production in mutually beneficial symbiosis.

Wills, Trusts, and Probates: Estate Planning with Wayne Bennett

When planning to transfer your possessions to your loved ones, it can be daunting, both due to the burden of paperwork and familial pressure. This is precisely why developing and arranging a will and trust with a trusted professional is critical. Today Wayne Bennett...

The Ripple Effect Episode 131: Ivory Homes’ Water Wise Developments

Clint Larson, Manager of Major Projects and Custom Homes for Ivory Homes, walks us through his organization's transition to adopting water wise landscaping and planning at the subdivision scale. A great talk about organizational change, growth in Utah, and effective...

The Ripple Effect Episode 130: PFAS and Artificial Grass

Chelsea Benjamin, Water Policy Fellow at Western Resource Advocates, expounds on her team's research of artificial turf. There's far more to consider than just cost and water savings. A fascinating discussion full of facts that may surprise you.

Related Posts