Like most employment law observers, I thought that the election of Obama was likely to usher in a period of new employment legislation. I underestimated how much was on Congress's, and the President's, plate. So far, the only law to be enacted occurred early in the Obama administration: Lilly Ledbetter Fair Pay Act.
In light of the State of the Union speech, it seems unlikely that any employment legislation will be enacted in 2010, and was clearly not a priority. The president mentioned only three employment law issues: (1) greater enforcement of civil rights laws against employers that discriminate; (2) greater enforcement of the Equal Pay Act to ensure equal pay for women; and (3) immigration reform. The first two involve enforcement of laws that already exist. The third involves a possible law that has little chance of passing.
Certainly, health care is the most important benefits-related legislation.
There are plenty of pending real employment legislation proposals that could be passed. The President admonished Democrats to govern and not run for the hills; he admonished the Republicans to govern and not merely block legislation. Mid-term elections occur this year so the passage of any controversial laws like EFCA is highly unlikely, especially when all the political chips are in on health care.
btw, did anybody see Justice Alito furiously shaking his head and mouthing 'not true' as Obama took a swipe at the Supremes for overturning campaign finance law last week?
