Since my original post on the subject of Executive Order 12989 yesterday (and the sweeping effects it will have for all federal contractors), others have also added their comments to the subject. Among some of the notable posts:
The brand-new Florida Employment Law Blog (run by my former colleague Richard Tuschman — congrats, Richard!) predicts negative implications for employers — particularly those in Florida:
I find the government’s statement [that this will bring stability] suspicious because the government, although it has failed time and time again, has tried on repeated occasions to push legislation or regulations that would impose a mandatory electronic employment verification program on all US employers. Further, the Order is presented as being designed to promote "economy and efficiency" along with "stability and dependability," but the reality is that there is nothing economic, efficient, stable or dependable about skilled and unskilled jobs that cannot be filled because there are no enough American workers readily available to work.
The government in its zeal security and enforcement is failing to consider the true economic impact these measures will have on employers and consumers. Enforcing this type of order in the absence of immigration reform which could provide employers with helpful avenues could doom – against contrary government opinion – many efficient employers. I am not sure how the government is going to enforce this Order, but for us in Florida enforcing these measures could have a long lasting negative effect.
The Workplace Prof blog predicts that this Executive Order will be short-lived by noting that the Government Accountability Office (GAO) yesterday released the following reports, testimony, and correspondence on employment verification issues surrounding the immigration debate: Employment Verification: Challenges Exist in Implementing a Mandatory Electronic Employment Verification System. GAO-08-895T, June 10.
Suffice to say that this is far from a settled issue. Government contractors should continue to monitor this subject throughout the summer for further development.