News

Employers are often urged to determine reasonable accommodations quickly to avoid being accused of slowing the process as a way to avoid their obligations. But employers also naturally fear that if they temporarily approve an accommodation, they’re stuck with it forever. Fortunately, that’s not the case, as a recent decision shows.

Three appellate circuits have rejected the NLRB’s authority to award unfair labor practices damages, while one circuit—covering eight states—has upheld it. Now, an employer operating in one of those states is asking the Supreme Court to step in and resolve the growing divide.

EEOC Chair Andrea Lucas told the Washington Post that the EEOC is ready to focus on stamping out discrimination resulting from diversity, equity and inclusion programs and anti-American bias. She also intends to streamline the agency’s Pregnant Workers Fairness Act regulations and revise harassment guidelines that protect transgender workers.

The Supreme Court recently concluded that if an employee was treated differently because of a protected characteristic, this was enough to warrant a jury trial in a discrimination case. Now, a federal appeals court has refused to extend that reasoning to a hostile work environment claim.

The new year is here, and with it, the big HR headaches of the first quarter of 2026 are coming into focus. Here are some of the crucial issues we will be covering as the Trump administration enters its second full year.

On Dec. 11, President Trump signed an executive order on artificial intelligence aimed at promoting the United States as a global leader in AI development. Almost immediately after, New York Governor Kathy Hochul signed legislation that will establish new state rules on the development of AI models.

Can you please go over the fitness-for-duty process for employees returning from FMLA leave? We want to make sure our employees are ready and able to perform all their essential functions again after their FMLA time off.

Agencies like the Equal Employment Opportunity Commission are investigating fewer disparate-impact claims and scaling back lawsuits. That’s causing a backlash among state anti-discrimination agencies, which believe the disparate-impact liability theory is an important anti-discrimination tool. One state, New Jersey, has now taken action to preserve the ability to bring such lawsuits.

New York employers can no longer request or use an applicant’s consumer credit history—including credit reports, credit scores or information directly obtained from candidates about their debts, bankruptcies, judgments or liens. The law makes it discriminatory to use this information when making decisions about hiring, compensation or employment terms.

Nothing says Happy New Year better than a raft of opinion letters from the Department of Labor. The letters cover the Fair Labor Standards Act and the Family and Medical Leave Act.