Impact of Presidential Election on HR: Significant Changes Ahead
Las Vegas, NV - 12 October 2023: During the HR Tech Conference, former U.S. Equal Employment Opportunity Commission (EEOC) Commissioner, Keith Sonderling, highlighted the substantial shifts that the Human Resources sector could face with the upcoming presidential election in November. In a session moderated by HR expert Tim Sackett, Sonderling, who recently concluded a four-year tenure at the EEOC, emphasised the pivotal implications of either potential administration on HR practices and regulations.
Biden vs. Harris Administration: A Shift in Focus
If the Biden administration continues under a potential Kamala Harris presidency, a pronounced emphasis on civil rights issues is anticipated. Harris, who actively inquired about racial discrimination in video interviewing while serving in the Senate, is expected to prioritise issues like pay equity, pay discrimination, pay transparency, racial and sex discrimination, and paid family leave. This administration would likely maintain a heavy focus on unions while shifting greater attention towards these civil rights matters.
Trump’s Second Term: Business-Focused Policies
Conversely, a second term for Donald Trump would likely pivot towards easing business operations, with particular attention on technical HR issues. This could include facilitating the hiring of independent contractors without misclassification issues and reducing liabilities for joint employers. Trump’s administration would also be keen on advancing the interests of the gig economy, which Sonderling identified as a significant driver of Trump’s business policies.
Diversity, Equity, and Inclusion (DEI)
DEI remains a crucial topic for both administrations but with contrasting approaches. Harris is expected to combat anti-DEI sentiments actively, whereas Trump might oppose corporate DEI initiatives. This divergence could influence not only hiring practices but also the workings of employee resource groups.
Labour Unions and Employment Issues
Sonderling underscored the "unbelievable shift" in emphasis on labour unions from candidates on both ends of the political spectrum. This increased focus has significantly elevated White House and Congressional attention to labour issues in recent years, particularly amid the pandemic. He predicts sustained scrutiny on employment matters regardless of the election outcome, asserting that HR practices will continue to face rigorous examination.
AI Regulation: A Bipartisan Concern
AI regulation remains a critical area for HR leaders. While Harris is expected to extend the Biden administration’s efforts on civil rights and transparency within AI regulation, some continuity may persist under Trump. The former president has considered revoking Biden’s executive order on AI, which may affect employers indirectly. However, Sonderling noted a bipartisan interest in AI regulation, implying that federal attention on this issue is unlikely to wane irrespective of the election results.
State and Local AI Regulations
While federal AI regulations may evolve slowly, state and local developments are advancing more rapidly, creating complex compliance challenges for employers. Sonderling advised that organisations should scrutinise how AI tools are designed and implemented in their employment processes to comply with EEOC guidelines, ensuring these tools do not exacerbate bias but rather aim to reduce it.
Sonderling further highlighted the double-edged nature of AI in hiring. Properly configured AI can mitigate discriminatory biases, such as those based on skin colour or pregnancy status, but misconfigured AI could inadvertently discriminate—for instance, by failing to recognise accents correctly. Thus, each AI application needs thorough evaluation tailored to an organisation's specific requirements.
HR professionals are urged to continually evaluate their use of AI technologies, adhering closely to their organisation’s practices and striving to eliminate rather than perpetuate bias.
The anticipated changes underscore the necessity for HR departments to stay abreast of evolving regulations and prepare for robust compliance strategies in the coming years.
Source: Noah Wire Services