Labor Pick Faces Backlash Over His Aggressive Record

From The Wall Street Journal:

Thomas Perez rose to prominence as a strong advocate of civil and workers' rights, a record that led to a nomination as U.S. Labor Secretary.

As he faces a confirmation hearing Thursday, that same record is likely to make the process contentious.

Republicans worry that Mr. Perez will prove an aggressive regulator, a notion to which his tenure as head of the Justice Department Civil Rights Division lends some support. Under his leadership, the division has begun a record number of investigations of local police departments, and last year it filed more briefs in voting-rights cases than were filed in the previous nine years combined.

Mr. Perez last year sued Joe Arpaio, the Arizona sheriff who drew attention for his crackdowns on suspected illegal immigrants, accusing his office of discrimination. And in a move that has ignited controversy, Mr. Perez worked out a deal with St. Paul, Minn., under which the city withdrew a Supreme Court appeal that posed a threat to a rights-enforcement tool the U.S. uses.

Mr. Perez's record as a Maryland state official suggests he would push policies that rankle many employers, such as stricter enforcement of a variety of workplace regulations. If confirmed, he could have a hand in shaping enforcement of any immigration overhaul Congress enacts. Depending on what passes, the Labor Department might find itself writing rules for bringing lower-skilled temporary workers into the U.S. or for electronic verification of immigrants' legal status.

Documents reviewed by The Wall Street Journal show Mr. Perez worked to obtain a deal in which the city dropped its appeal of a case that posed a threat to a strategy the Justice Department uses in housing-discrimination cases.

The essence of the strategy is that plaintiffs alleging a policy is discriminatory don't have to show an intent to discriminate, but just that the policy has a "disparate impact" on minorities.