Skip to main content

EEOC enters year 3 of purgatory

Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.
Jan 30, 2023 View in browser
 
POLITICO's Weekly Shift newsletter logo

By Nick Niedzwiadek

QUICK FIX

ON SENATE TIME:When one agrees to become a top official in the federal government, particularly one afforded independence from the White House’s whims, it’s generally with the hopes of doing big things and expectation that you’d be empowered to try.

Yet for Equal Employment Opportunity Commission Chair Charlotte Burrows, that has not been the case. She is entering the home stretch of her current five-year term, but is now on her third year without a Democratic majority to effectuate her vision.

The Democrat-controlled Senate failed to act on Kalpana Kotagal’s nomination before the end of 2022, a lack of action that preserved EEOC Republicans’ ability to stymie the Democratic wing and forced Biden to renominate Kotagal and fellow EEOC nominee Karla Gilbride. (New Senate HELP Chair Bernie Sanders’ office did not return requests for comment.)

The result is a steadily accumulating to-do list on matters big and small, ranging from individual litigation requests to internal agency strategy all the way up to formal rulemaking. All of that will likely be unfinished when Burrows’ term ends July 1, and her tenure will have to be evaluated by Congress and the White House if she would like to stay on for another five years.

That meant no organizational blueprints subject to commission vote and little movement on regulatory changes or guidance updates led Burrows to act in ways that sidestep the formal approval process — creating problems with Republicans, the agency’s union and federal judges at times across a number of issues.

Your host has a rundown of Burrows’ tenure and what a third Democrat could mean for the EEOC available for Pros here.

Despite these difficulties, EEOC’s partisan appointees are still nowhere as acrimonious as those at places like the Federal Election Commission or even the National Labor Relations Board.

In fact both wings of the commission have taken an interest in combating the risk of bias within artificial technology and algorithms used to make hiring and employment decisions. A hearing on that is scheduled for Tuesday.

GOOD MORNING. It’s Monday, Jan. 30. Welcome back to Weekly Shift, your go-to tipsheet on labor and employment-related immigration. Your host’s hometown culinary curiosity got some national attention recently. Send feedback, tips, and exclusives to emueller@politico.com and nniedzwiadek@politico.com. Follow us on Twitter at @eleanor_mueller and @nickniedz.

 

JOIN POLITICO ON 2/9 TO HEAR FROM AMERICA’S GOVERNORS: In a divided Congress, more legislative and policy enforcement will shift to the states, meaning governors will take a leading role in setting the agenda for the nation. Join POLITICO on Thursday, Feb. 9 at World Wide Technology's D.C. Innovation Center for The Fifty: America's Governors, where we will examine where innovations are taking shape and new regulatory red lines, the future of reproductive health, and how climate change is being addressed across a series of one-on-one interviews. REGISTER HERE.

 
 

Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories.

On the Hill

FOXX’S GAMEPLAN: North Carolina Republican Virginia Foxx shocked many on the Hill last month when she nabbed a rare waiver to chair the House Education and the Workforce Committee despite GOP caucus term limits. Eleanor and our Bianca Quilantan sat down with her Friday as she has already quickly set about refashioning the committee to Republicans’ liking. (Pros get the full Q&A here.)

On labor oversight: “We think they're doing a lot of nefarious kinds of things. We're watching the NLRB and how they're pushing mail-in ballots. We're watching Walsh not remain an objective observer of what's happening, going and getting on the picket lines.”

Labor-related legislative priorities? “We're concerned about what the Biden administration is doing on independent contractors, and how they're pushing in that area. We'll be looking for CRAs [Congressional Review Act opportunities] and what we can do with those and what we can do with legislation.

Any plans to revisit WIOA, the Workforce Innovation and Opportunity Act, after bipartisan talks broke down last Congress?

“Of course we will. I can’t wait to get into it. WIOA was passed in exactly the same situation we're in right now. We had a Republican House, a Democrat Senate, and a Democrat president. Two of my predecessors, John Boehner and Buck McKeon, had both worked on trying to reauthorize it.”

Around the Agencies

HAVE NO FEAR, JENNIFER ABRUZZO: A second federal appellate court ruled on Friday that the White House has the authority to can the top attorney at the National Labor Relations Board, Reuters reports.

“A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said federal labor law only shields the five members of the board from being removed at will and not the general counsel, who acts as a prosecutor.”

A nursing home company argued that Biden illegally terminated Trump-appointed NLRB general counsel Peter Robb back in 2021, thereby rendering subsequent decisions made by his successor invalid.

The ruling mirrors one issued last spring by the 5th Circuit, which has a reputation for being far more conservative ideologically than the 9th.

What’s on Marty’s mind: After Wu's speech, Walsh defends his time in City Hall,” from the Dorchester Reporter.

In the Workplace

TODAY’S THE DAY: The Biden administration’s rule giving retirement plans more leeway to account for so-called environmental, social and governance considerations in their investment decisions is set to take effect today.

The move is a reversal from former President Donald Trump, whose administration attempted to severely limit anything outside of purely dollars-and-cents retirement investing, but does not require investors to use so-called ESG metrics.

Regardless, more than two dozen Republican attorneys general sued the Biden administration last week to block DOL’s implementation of the rule. The lawsuit was filed in the northern district of Texas, which conservatives have found to be receptive turf for legal challenges to laws like the Affordable Care Act, a strategy that has led to accusations of forum-shopping from Democrats.

Congressional Republicans are also seeking to unwind DOL’s rule via the Congressional Review Act, though Democrats’ control of the Senate makes that an unlikely possibility.

More workplace news:Amid gains, railroaders seeking quality-of-life improvements,” from The Associated Press.

Unions

WHAT’S IN A NAME: For decades until his unexpected death in August 2021, Richard Trumka was a prominent foil for business groups and conservatives as one of the country’s most powerful labor leaders.

Many of those same people have been enraged of late by the idea of curbing the use of natural gas kitchen appliances, a furor that happens to be traced back to one Richard Trumka Jr., a heretofore obscure member of the Consumer Product Safety Commission who raised concern about its health effects on young children.

The younger Trumka was the subject of a recent Washington Post profile, which summarized that he “has the same thick mustache, but that’s where many of the similarities end.”

More union news: Firefighters Union Pushes to Rid Protective Gear of ‘Forever Chemicals,’” from The Wall Street Journal.

IN THE STATES

MD MULLS SHORTER WORKWEEK: A legislative proposal in Maryland would give the green light to a pilot tax credit for employers who downshift workers to a four-day workweek, The Washington Post reports.

“The Maryland bill will get its first hearing in the Senateearly next month. [Sen. Shelly] Hettleman and Del. Vaughn Stewart (D-Montgomery), the lead bill sponsor in the House, said the bill has garnered a lot of attention in Annapolis … but its fate remains uncertain.”

More state news: The Jobless Rate Is at a Half-Century Low. In These States, It’s Even Lower,” from The Wall Street Journal.

Immigration

TECH TROUBLES: A mobile app for those seeking asylum appointments in the U.S. frequently sees its systems overwhelmed by migrants in Mexico, The Associated Press reports.

“Many can’t log in; others are able to enter their information and select a date, only to have the screen freeze at final confirmation. Some get a message saying they must be near a U.S. crossing, despite being in Mexico’s largest border city.”

Other issues include a lack of language support outside of English or Spanish, and technical problems. Some migrants, particularly with darker skin, say the app has difficulty processing pictures.

The app’s struggles exemplify the difficulties in setting up ways to manage asylum and other immigration requests in order to lessen the number of people arriving at U.S. borders.

 

DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOSDOWNLOAD FOR ANDROID.

 
 
What We're Reading

— “Corporate Layoffs Spread Beyond High-Growth Tech Giants,” from The Wall Street Journal.

— “Ranks of Quiet Quitters Climb as Layoffs Mount,” from Bloomberg.

— “Layoff Brain,” from Culture Study.

THAT’S ALL FOR SHIFT!

 

Follow us on Twitter

Eleanor Mueller @eleanor_mueller

Nick Niedzwiadek @nickniedz

 

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://www.politico.com/_login?base=https%3A%2F%2Fwww.politico.com/settings

This email was sent to rouf@idiot.cloudns.cc by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Please click here and follow the steps to unsubscribe.

Comments

Popular Posts

The costs of Healey's budget cuts

Lisa Kashinsky and Kelly Garrity's must-read rundown of what's up on Beacon Hill and beyond. Jan 09, 2024 View in browser   By Kelly Garrity and Lisa Kashinsky MAKING ENDS MEET — Gov. Maura Healey’s plan to slash $375 million from the state budget to help plug a $1 billion revenue hole came as something of a surprise after she initially said she had no plans to scale back spending. But some budget watchers say the move to control costs was inevitable — and that the governor...

📷 Zaib Khan added a new photo

  See the photo that he shared.           Facebook                 📷 Zaib Khan added a new photo. 16 October at 20:23   View Photo       Abdul Karim Jam likes this.             This message was sent to ludomallam@idiot.cloudns.cc . If you don't want to receive these emails from Facebook in the future, please unsubscribe . Facebook, Inc., Attention: Community Support, 1 Facebook Way, Menlo Park, CA 94025         To help keep your account secure, please don't forward this email. Learn more.      

U.S. Cyber Command and NSA partner to shield midterms from hackers / Global ransomware damages set to exceed $30B / India's newest airline could have leaked customer data

Plus: Microsoft Azure Virtual Machines have suffered an outage Inside.com Part of   Network August 30, 2022 Presented by The U.S. Cyber Command has partnered with the NSA to shield midterm elections from hackers. The two federal agencies made the announcement in a joint statement. More: The two agencies have  created a joint task force named the Election Security Group. Officials from the NSA and U.S. Cyber Command have stated that the group comprises the best team members that the two agencies have. ESG will receive and share information with other domestic and international authorities to ensure it achieves its goal of protecting the midterm elections from foreign threat actors. The task force will also help U.S. allies to protect their electoral campaigns from actors that want to undermine them. Zoom Out: CISA has collaborated ...

Q&A: Bergman on pushing the FDA on psychedelics

The ideas and innovators shaping health care Aug 08, 2024 View in browser   By Ruth Reader , Erin Schumaker , Daniel Payne , Toni Odejimi and Carmen Paun WASHINGTON WATCH Bergman | Francis Chung/POLITICO ...

8 Best Diabetes-Friendly Meal Delivery Services in 2024

Plus: Identifying and Treating Diabetes Joint Pain ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌     ­ ͏ ‌   ...

📷 MD Monir Ambulance added a new photo

        📷 MD Monir Ambulance added a new photo. 12 April at 17:59   View Photo               Facebook                 📷 MD Monir Ambulance added a new photo. 12 April at 17:59   View Photo               This message was sent to ludomallam@idiot.cloudns.cc . If you don't want to receive these emails from Facebook in the future, please unsubscribe . Facebook, Inc., Attention: Community Support, 1 Facebook Way, Menlo Park, CA 94025         To help keep your account secure, please don't forward this email. Learn more.      

Sabir Khan wants to be friends on Facebook

  1 mutual friend - Works at Facebook - Islamia University - Bahawalpur - 2,123 friends - 5 photos - 7 groups           Facebook             Sabir Khan wants to be friends with you on Facebook.   Sabir Khan Works at Facebook · Islamia University · Bahawalpur 1 mutual friend · 2,123 friends · 5 photos · 7 groups               Confirm request     See all requests             This message was sent to ludomallam@idiot.cloudns.cc . If you don't want to receive these emails from Facebook in the future, please unsubscribe . Facebook, Inc., Attention: Community Support, 1 Facebook Way, Menlo Park, CA 94025         To help keep your account secure, please don't forward this email. Learn more.      

Spectrum Equity closes $2B fund

Plus, Audacity launches $60M fund Inside.com Part of   Network July 28, 2022 Presented by Spectrum Equity, an investment company based in Boston, has closed its new fund valued at $2B . The fund will be officially named Spectrum Equity X, L.P. More: The firm received funds from previous investors as well as first-time outside investors. Spectrum focuses on backing internet-based companies that aim to disrupt a number of different verticals such as education, financial services, healthcare, and logistics.  Founded in 1993, the company manages $8B in assets, while its average equity investment is $25M-$150M. Audacity has launched a new $60M fund. The India-based VC firm will focus on media tech companies that are raising their Series A round. More: Besides media tech, the firm will also focus on SaaS, g...

A 2022 recap of platform updates and new tools

Startups that raised funding in 2022 Inside.com Part of   Network December 28, 2022 Presented by Android and Apple updates announced in 2022:  Google introduced a pilot program with Spotify to explore user choice billing.  Google released Android 13 (Go edition) with improvements to user experience and technical functionalities.  Android 13 for TV was made available to developers on ADT-3 and the Android TV emulator.  Google announced memory safety vulnerabilities in Android dropped after announcing support for Rust last year.  Google shared its plans to launch the beta version of Privacy Sandbox for Android early next year.  Apple announced changes to its pricing structure, offering developers 700 additional price points and pricing tools.  Apple allowed reader apps to provide in-app links to alternative payment methods. In Apr...

Changes to Google’s end user-facing Terms of Service

Changes to our end user-facing Terms of Service effective March 31, 2020. Hello Administrator, We're writing to let you know about changes in our end user-facing Terms of Service (Terms) that may affect users in your domain. These changes do not impact the terms that govern the agreement between Google and your organization. If you have disabled Google Additional Services for users in your domain, these changes will not impact them. What's Changing? We're improving our Terms and making them easier to understand. The changes will take effect on March 31, 2020, and they won't impact the way your end users use Google services. As the United Kingdom (UK) is leaving the European Union (EU), Google LLC will be the service provider for end users in your domain that are based in the UK. Google LLC will be responsible for all user information and data in Additional Services, and for complying with applicable privacy laws. For more detail...