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Acosta is known for his efforts to resolve legal problems without immediately defaulting to drawn out court cases. His methods have earned him the respect of his peers, including fellow Miami lawyer Kendall Coffey, who noted that “Alex is a problem solver. I don’t think he’d be quick to pull the trigger if he believes measures short of litigation would address the problem.”
It’s a method that could put Acosta in good stead with the Department of Labor, which may view Acosta’s appointment as indicative of a desire for the DOL to work closely with both employers and employees to reach reasonable solutions when disputes arise.
But that doesn’t mean Acosta isn’t prepared to come down hard on lawbreakers when necessary—something many feel is an important function of the DOL.
“I think it factors into employers’ perceptions of the agency’s enforcement priorities,” said Paula Brantner, a senior advisor for Workplace Fairness. “It shows we have an agency that is taking action and not just paying lip service to some of these things.”
Acosta was an assistant attorney general for civil rights for about two years before he became the US Attorney in Miami. He ran the Justice Department’s civil rights division, which enforces workplace discrimination laws, disability access requirements, voter rights protections, and more. He is now the dean of Florida International University’s law school.
Acosta’s potential appointment also marks the first Hispanic nominee for Trump’s cabinet. “I am thrilled that at long last, we have a Hispanic in this cabinet,” enthused Javier Palomarez, President of the United States Hispanic Chamber of Commerce.
It’s not a done deal, however, which gives opponents plenty of time to find the skeletons in Acosta’s closet. And arguably, there are a few: in 2008, Acosta came under fire for ignoring potential problems around his hiring practices and case assignments in the civil rights division he led. In 2004 he wrote a letter to a federal judge in Ohio justifying “vote caging,” or challenging the eligibility of many African-American voters, in the presidential election—a practice many saw as a Republican strategy meant to disenfranchise minority voters.
Further back, there are concerns about some of Acosta’s decisions as Miami’s US attorney, particularly in several cases involving sex tourism. The result of the Jeffrey Epstein case, for example, was seen by his victims as a “sweetheart plea deal” that lessened the offender’s punishment.
Still, Acosta is seen as a far more positive and qualified candidate for Labor Secretary than Puzder ever was, making it likely that Acosta will join Trump in Washington, DC very soon.
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