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Election 2012: What Debate Questions Would You Ask Mitt Romney?

Posted in Highlight, Labor Law & NRLB, Legislative Developments

All this week, this blog (and other employment law blogs — here, here, here and here) are posting employment law-related questions for the major-party candidates for President and Vice President.  Today’s turn: Mitt Romney.

Courtesy Mitt Romney Campaign

(For a recap of this process — and a reminder that these questions should not be interpreted as being “for” or “against” a candidate — see my post from yesterday.)

  • On your campaign website,you state that the “first step in improving labor policy will be to ensure that our labor laws create a stable and level playing field on which businesses can operate. As they hire, businesses should not have to worry that a politicized federal agency will rewrite the rules of the employment game without warning and without regard for the law.”  Yet, the NLRB is — by its nature — a political agency that shifts its agenda depending on who the President is.  Under George W. Bush, it became more pro-business and under Obama, it became more pro-union.  Are you suggesting that you would try to de-politicize the NLRB? If so, how? And if not, aren’t the changes you propose simply adding to the political nature of the NLRB?
  • In 1994, as a candidate for Senate, you supported the Employment Non Discrimination Act, which would prohibit employers from discriminating on the basis of sexual orientation.  In 2007, you indicated that you would not support ENDA and that you believed this policy is best implemented at a state level.  Why have you changed your mind on this and why are sexual orientation discrimination policies best left for individual states when we already have federal laws on age, race and gender discrimination?
  • More retaliation claims are filed with the EEOC than any other protected characteristic. Indeed, the Supreme Court — in some cases unanimously — has endorsed a fairly broad view of such claims. Do you believe there is an epidemic of retaliation claims? Do you believe the issue needs to be addressed through legislation?  

What employment law questions would you like to see Mitt Romney address? Feel free to add them in the comment section below.