From #popularinformation Berkley Law Professor Catherine Fisk, an expert in employment law, told Popular Information that, regardless of the internship’s designation, the hiring process described in the Liberty Law School email was illegal. “Summer clerks, whether Schedule C or not, are not exempt from the requirements of the Hatch Act, which prohibits political tests for hiring,” Fisk said.
In the 2000s, a less brazen version of the DOL’s legal internship hiring process became a scandal.
An Office of Inspector General (OIG) investigation found that in 2006, the Department of Justice improperly conditioned acceptance into the Summer Law Intern Program and related positions on political ideology. The OIG found that candidates were not asked directly about their political views, but reviewers sought to suss out their political leanings through the application process.
