The election isn’t a favorite topic with many people these days, but the outcome will definitely affect employers. We sat down with Mike Aitken, the vice president of government affairs at the Society for Human Resource Management (SHRM), to find out which HR concerns are most likely to be affected by our new president.
The Supreme Court
Certainly the makeup of the court matters greatly to employers- particularly with this kind of 4-4 split. The next justice will decide some of those major issues in the employment area. So if it is a justice who is more liberal, employers could be facing some 5-4 wins but some 5-4 losses on some of the issues that are making their way through the court. If more conservative… more likely more wins for employers.
It will be interesting to see what republican’s perspective will be on Judge Garland after the election, because there is a strong thought that if Sec Clinton were to win, her nominee for the high court would probably be much more liberal than justice garland is, so there might be an effort to move garland during that lame duck process. It’s probably a low probability but it is a possibility that that could happen.
The Affordable Care Act
When it comes to the affordable care act I think you’ll see a stark difference. Where you have…if Sec. Clinton were to become president, more of a retooling of the ACA, whereas Mr. Trump has run on a replace and repeal. I think even some of the dynamics of how that will play out- I think they’ll start to be- if it doesn’t get repealed, a more steady focus on how do you fix it and make it more affordable. Things like changing the definition of fulltime coverage, changing some of the reporting requirements.
Ban the Box
I think there is a strong bipartisan effort to revisit in congress the whole use of background checks with someone to go as far as to ban them completely with others being more realistic that they still play an important role. I suspect that both candidates have a very similar perspective on the use of those background checks- that they play an important role. They may differ, disagree, on what is allowable but I suspect probably settle somewhere on that topic about the same place.
Regardless of who is president I think you are going to see a curtailing, or a real focus on how immigration is used by organizations, whether it’s H1B1’s or J’s or O’s or P’s or those kinds of things…certainly a focus on that.
There are going to continue to be conflicts in those areas between the employer’s handbook and employer’s responsibilities under various federal statues and whatever a state enacts. It will probably take some kind of compendium of major states – of states enacting those initiatives before you see a federal action.
For a deeper dive into the HR implications, check out this article on the SHRM website: What Will President Clinton, or Trump, Mean for Immigration?
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