Trump Appoints Victoria Lipnic As EEOC Chair And Philip Miscimarra as NLRB Chair

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08/23/2017

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Trump Appoints Victoria Lipnic As EEOC Chair And Philip Miscimarra as NLRB Chair

 By: Riha Pathak

On January 26, 2017, President Donald Trump appointed Victoria Lipnic as the U.S. Equal Employment Opportunity Commission (EEOC) Chairperson. Previously, Lipnic served as a commissioner on the EEOC since March 2010. Lipnic was appointed by President Barack Obama and nominated for a second term in 2015.  Prior to her time at the EEOC, Lipnic served as assistant secretary for employment standards at the U.S. Department of Labor during President George W. Bush’s administration. Lipnic was also a member of the workforce policy counsel for the majority Republican members on the House Committee on Education and the Workforce.

Lipnic believes “equal employment opportunity is critical to all Americans and to how we define ourselves as a nation.” She was one of two commissioners on the EEOC who voted against including sexual orientation discrimination as a gender discrimination classification under Title VII. She also voted against the EEOC’s 2014 pregnancy discrimination guidance due to concerns about its substance. Moreover, during her tenure at the Department of Labor, Lipnic oversaw the creation and implementation of the revised regulations concerning overtime, the Family and Medical Leave Act, and compensation discrimination as regulated by the Office of Federal Contract Compliance Program.

Additionally, President Donald Trump appointed Philip Miscimarra as Chairman of the National Labor Relations Board (NLRB). Since his 2013 nomination by President Barack Obama, Miscimarra served as a member of the NLRB. Prior to his Board membership, Miscimarra was a labor and employment law partner with Moran Lewis & Bockius LLP. Miscimarra was also a Senior Fellow at the University of Pennsylvania’s Wharton Business School’s Center for Human Resources. Miscimarra has authored a number of publications, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closing, Sales, Layoffs, and Technological Change and The NLRB and Secondary Boycotts.

During his membership on the NLRB, Miscimarra authored numerous dissents that urged the Board to have more consideration for employers and the practicality of operating a business. For instance, when considering an employer’s neutral workplace policy in a 2016 decision, Miscimarra criticized the Board for failing to move toward a “more even-handed evaluation of employment policies, work rules and handbook provisions” and for their inability to consider “real-world ‘complexities’ associated with many employment policies.”  When the Board redefined “joint employers” in Browning-Ferris, Miscimarra stressed that the Board’s decision fundamentally altered the law, created uncertainty in business relationships, substantially impacted the economy, and expanded employer liability. More information about this case can be found here.

Counsel to Management:

Both of these appointments are good news for employers and the agricultural industry. Over the course of her career on the EEOC and Department of Labor, Lipnic has shown her support of measures that are favorable to employers and her opposition of measures that are harmful to employers. Additionally, the Saqui Law Group has worked with Miscrimarra and, generally, find his various positions to be favorable for employers.  If you have any questions or legal concerns regarding the EEOC or the NLRB, please contact the experts at The Saqui Law Group.

 

 

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