All posts by David Shadovitz

Obama’s Choice for the High Court

Elena Kagan— President Obama’s choice for replacing the retiring Justice John Paul Stevens—may not be as controversial a candidate as some previous Supreme Court nominees. But the current Solicitor General should still expect some tough questions when she comes before the Senate Judicial Committee, including maybe a few pertaining to military recruiting on college campuses.

In announcing the nomination earlier today, Obama described Kagan, 50, as someone “respected and admired not just for her intellect and record of achievement, but also for her temperament, her openness to a broad array of viewpoints, her habit—to borrow a phrase from Justice [John Paul] Stevens—of understanding before disagreeing, her fair-mindedness and skill as a consensus builder.”

Critics, however, are expected to point to Kagan’s lack of judicial experience as a major concern.

Not much is known about Kagan’s positions on issues in the realm of employment law. But it’s quite likely committee members will bring up her decision as dean of the Harvard Law School to bar military recruiters from using its offices. In an e-mail to students and faculty, she called the military’s “Don’t ask, don’t tell” policy “discriminatory” and a “profound wrong.” But in the face of losing federal funding because of the school’s violation of the Solomon Amendment—which allows the government to withhold money from universities that bar military recruiters—Kagan reversed her position on the ban.

No doubt proponents and opponents of her nomination will attempt to spin this incident to their own advantage. But while it’s not likely to make any difference in the eventual outcome—most expect the Kagan nomination to eventually be approved, unless something unforeseen happens—it does, at the very least, provide a hint into how she might approach some of the employment-discrimination issues that find their way to the High Court.

No End in Sight

Despite some positive signs in the economy, a just released study, No End in Sight: The Agony of Prolonged Unemployment, by the John J. Heldrich Center for Workforce Development at Rutgers University confirms that the vast majority of those unemployed continue to struggle to find work.

In August 2009, the center conducted a survey of 1,202 men and women who had been unemployed at some point in the previous 12 months. Then, in March 2010, it followed up with 908 of them. Researchers found that just one in five (21 percent) of those looking for jobs in August of last year had found it by March of this year. Fully two-thirds (67 percent) remained unemployed and looking, with the remaining 12 percent having left the labor market.

Perhaps not surprisingly, the youngest of the group had the easiest time finding new work, while the oldest had the least success—leading some respondents to offer comments such as “age discrimination is alive and well” … and older workers are “considered expendable.”

The study also found that many of those who were able to find work had to settle for something less than what they had before, with just over half of them reporting a pay cut from their prior job and about one-quarter saying they took a significant salary hit.

Many predicted jobs would be slow to return. But the Rutgers study suggests that slow might be an understatement. Notwithstanding definite signs of economic improvement,   companies continue to be extremely cautious when it comes to adding to their ranks. Let’s hope, were the center to do a further follow-up with this group later this year, it might have better news to report.

HRD on the Hudson

In its April 25 edition, BusinessWeek published an interesting article on CEO Jeff Immelt and General Electric: “Can GE Still Manage.”

The story devotes a decent amount of ink to Crotonville, which continues to be at the center of GE’s leadership development efforts. “Crotonville remains the company Mecca,” writes Senior Editor Diane Brady. That was certainly clear during a media day event last November, attended by HRE‘s Senior Editor Andrew McIlvaine.  His report noted that despite the economic downturn, more employees than ever are cycling through Crotonville — so many that the dormitory is routinely overbooked and GE is forced to accommodate the overflow at a nearby Marriott.

Some critics quoted in the story wonder if the campus is more of a distraction than a “virtue.” But as the latest BW story reminds us, GE continues to be more committed than ever to Crotonville. Time will tell if that continued commitment is justified. But until GE proves it has successfully regained its mojo, Immelt and his team can be certain of one thing: Critics of Crotonville aren’t going to go away.