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“Employers – It’s Time To Prioritize Psychological Safety” Amid Policy Changes, By Edgar Ndjatou and Kylie van Luyn

As recent U.S. policy changes impact workers nationwide alongside rising stress levels and mental health challenges, Workplace Fairness and Elevated Coaching & Consulting are calling attention to the urgent need for psychological safety and well-being in the workplace.  According to Mental Health America’s 2024 Mind the Workplace report, three-quarters of U.S. employees

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Organizing in the Age of AI: How Labor, Employers, and Workers Can Shape the Future Together

As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees. The Union Perspective: Safeguarding Fairness and Dignity For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process. Labor organizations are advocating for proactive measures, including: Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions. Pushing for policies that require human oversight of AI-driven employment decisions. Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy. By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity. The Employer Perspective: Balancing Efficiency with Responsibility From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity. However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach. Responsible employers are: Consulting with employee representatives early in the AI adoption process. Auditing algorithms for bias and making results transparent. Investing in employee development to ease transitions brought by automation. Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone. The Employee Perspective: Navigating Uncertainty and Opportunity For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data. Employees are increasingly aware of both the risks and possibilities. Many are asking: “How is this technology being used to evaluate me?” “Will I lose my job to a machine?” “What training do I need to stay relevant?” There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why. Moving Forward: A Shared Responsibility AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work. To build a just and inclusive AI-driven workplace: Unions must lead in negotiating guardrails and educating members. Employers must prioritize ethical adoption and collaboration. Employees must engage in shaping policies that affect their livelihoods. As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work.

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“Employers – It’s Time To Prioritize Psychological Safety” Amid Policy Changes, By Edgar Ndjatou and Kylie van Luyn

As recent U.S. policy changes impact workers nationwide alongside rising stress levels and mental health challenges, Workplace Fairness and Elevated Coaching & Consulting are calling attention to the urgent need for psychological safety and well-being in the workplace.  According to Mental Health America’s 2024 Mind the Workplace report, three-quarters of U.S. employees experience high work-related stress, impacting their sleep and personal relationships. A survey by the American Psychological Association found that while 75% of employers believe their workplace supports mental health, only 44% of employees agree. Additionally, 94% of workers report chronic workplace stress, with 99% acknowledging its toll on mental well-being. Psychological safety—the ability to speak up without fear of retribution—is a key factor in reducing workplace stress and fostering healthier work cultures. “Workers must feel safe to express concerns and access mental health resources without stigma,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Without psychological safety, employees struggle in silence, leading to burnout and decreased productivity.” Factors contributing to poor employee mental health include excessive workloads, lack of managerial support, and unclear expectations. The rise of remote work has also blurred work-life boundaries, exacerbating burnout and isolation. “Emotional intelligence and trauma-informed leadership are essential for supporting psychological safety and employee well-being,” said Kylie van Luyn, Founder of Elevated Coaching & Consulting. “Leaders must take intentional steps to create environments where employees feel respected, heard and valued.” Addressing these challenges requires commitment from employers. The two organizations have collaborated on a The Elevated Workplace, a training for employers and organizations on cultivating psychological safety and well-being, belonging and legal compliance in the workplace. Learn more here. About Workplace Fairness Workplace Fairness is a nonprofit dedicated to educating workers on their rights and advocating for fair treatment. Through resources, outreach, and advocacy, it empowers employees and promotes equitable workplace policies. About Elevated Coaching & Consulting Elevated Coaching & Consulting is a global leader in workplace psychological safety, specializing in emotional intelligence training and trauma-informed leadership to help organizations build supportive and mentally healthy workplaces.

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Transgender Troops and the Fight for Equality: A History of Service, Struggle, and Resilience in the U.S. Military

Transgender individuals have long served in the U.S. military, often in silence due to policies that prohibited open service. It wasn’t until June 30, 2016, that the Department of Defense lifted the ban on transgender individuals serving openly, allowing them to serve in their affirmed gender. This policy shift marked a significant step toward inclusivity and recognition of transgender service members. However, the status of transgender individuals in the military has fluctuated with changing administrations. In 2017, the Trump administration announced a ban on transgender individuals serving in the military, citing concerns over military readiness and cohesion. This policy was met with legal challenges and was partially blocked by courts. In 2021, the Biden administration reversed the ban, allowing transgender individuals to serve openly once again. Transgender service members contribute to the military’s diversity, bringing unique perspectives and experiences that enhance problem-solving and adaptability. Studies, including a 2016 RAND Corporation report, have found that allowing transgender individuals to serve openly has minimal impact on military readiness and healthcare costs. Furthermore, inclusive policies can improve morale and unit cohesion by promoting a culture of respect and equality. In January 2025, the Trump administration reinstated a ban on transgender individuals serving in the military through Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” This order directed the Department of Defense to revise policies to exclude individuals who identify with a gender different from their biological sex from military service, citing concerns over unit cohesion and overall military effectiveness. The policy also halted gender-affirming healthcare for transgender troops. Legal challenges ensued, but on May 6, 2025, the U.S. Supreme Court allowed the administration to proceed with the ban while litigation continues. The fluctuating policies regarding transgender individuals in the military underscore the need for consistent, evidence-based approaches that recognize the contributions of all service members. Ensuring that military policies are inclusive and grounded in research is essential for maintaining a strong and effective force.

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Protecting Workers from Heat: OSHA Extends Heat-Related Hazards Program Through 2026

As temperatures continue to rise and extreme heat events become more common, the Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 8, 2026. Originally set to expire in 2025, this extension signals OSHA’s ongoing commitment to protecting workers from heat-related illnesses and injuries, which remain a serious threat in many workplaces across the United States. What Is the NEP? The NEP, originally launched in April 2022 under Directive CPL 03-00-024, focuses on industries with the highest risk of heat exposure—such as agriculture, construction, manufacturing, warehousing, and transportation. It enables OSHA to conduct proactive inspections, even in the absence of a formal complaint, when the National Weather Service issues a heat advisory or warning. This is especially important for workers who are exposed to high temperatures in both outdoor and indoor environments, such as those working near heat-generating equipment. What Employers Must Do Under the NEP, employers in high-risk industries are expected to: Implement heat illness prevention programs, which include providing access to water, rest, and shade or cooling areas. Train employees and supervisors on the signs, symptoms, and prevention of heat-related illnesses. Monitor ambient temperatures and modify work schedules or conditions during high-heat days. Provide acclimatization protocols for new or returning workers to gradually adjust to working in heat. Develop emergency response procedures for heat-related illnesses. While OSHA has not yet finalized a permanent heat standard, employers should be aware that failure to take appropriate steps under the General Duty Clause of the Occupational Safety and Health Act may still result in citations. What Employees Need to Know Employees also play an important role in preventing heat-related incidents. Workers should: Stay hydrated by drinking water frequently, even if they aren’t thirsty. Take scheduled breaks in shaded or cooled areas, especially during peak heat hours. Report symptoms early, such as dizziness, nausea, headache, or excessive sweating. Look out for coworkers, as heat illness can progress quickly and may be difficult to recognize in oneself. Participate in training and follow safety procedures provided by the employer. Final Thoughts The extension of OSHA’s NEP through 2026 gives both employers and employees more time to adapt, educate, and strengthen protections against heat-related hazards. As the climate continues to warm, workplace heat safety will remain a top priority. Employers should take this opportunity to reassess their heat illness prevention strategies and ensure compliance, while workers should stay informed and vigilant about their own well-being.

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Disparate Impact Discrimination: How Trump’s Executive Order Could Reshape Workplace Rights”

On April 23, 2025, President Donald Trump signed the executive order titled “Restoring Equality of Opportunity and Meritocracy,” aiming to eliminate the federal government’s use of disparate-impact liability in civil rights enforcement. This legal doctrine, established by the Supreme Court in Griggs v. Duke Power Co. (1971), allows challenges to policies that, while neutral on their face, disproportionately harm protected groups such as racial minorities, women, and the disabled, even absent intentional discrimination. The executive order directs federal agencies to deprioritize enforcement of regulations based on disparate impact and calls for repealing parts of the Civil Rights Act of 1964 that support this doctrine. It asserts that disparate-impact liability has hindered businesses from making hiring and other employment decisions based on merit and skill, due to the risk of disparate outcomes leading to lawsuits. ​ For employers, this shift may reduce concerns over legal challenges related to neutral policies that inadvertently affect certain groups. However, it also removes a layer of accountability that has historically prompted organizations to examine and adjust practices contributing to systemic disparities. Employees, particularly those from marginalized communities, may find it more challenging to contest policies that result in unequal outcomes, even if unintentional. While the executive order alters federal enforcement priorities, individuals and local governments may still pursue legal action under state and local antidiscrimination laws. ​The Washington Post The long-term impact of this executive order remains uncertain, as dismantling established civil rights protections would require demonstrating their unconstitutionality—a significant legal hurdle. Nonetheless, the order marks a substantial shift in federal civil rights policy, emphasizing intent over impact in addressing discrimination.​The Washington PostVox 

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Understanding the Americans with Disabilities Act (ADA) and Workplace Accommodations

The Americans with Disabilities Act (ADA) is one of the most significant pieces of civil rights legislation in American history. Signed into law in 1990, it prohibits discrimination against individuals with disabilities in all areas of public life — including jobs, schools, transportation, and public and private places open to the general public. One of the ADA’s most important aspects is its requirement that employers provide “reasonable accommodations” to qualified employees with disabilities. But what exactly does that mean, and how does it work in practice? What is a Reasonable Accommodation? A reasonable accommodation is any change or adjustment to a job or work environment that enables a qualified individual with a disability to perform essential job functions or to enjoy equal employment opportunities. Examples of reasonable accommodations include: Modifying work schedules Providing assistive technology or equipment Adjusting training materials or policies Making facilities accessible Allowing remote work or telecommuting options Reassigning the employee to a vacant position The goal of accommodations is not to give someone an unfair advantage, but rather to create a level playing field. Who is Protected Under the ADA? The ADA protects individuals with physical or mental impairments that substantially limit one or more major life activities. This includes conditions such as: Mobility impairments Chronic illnesses (like diabetes or epilepsy) Mental health conditions (such as depression, PTSD, or anxiety disorders) Sensory disabilities (such as blindness or deafness) It’s important to note that the definition of disability under the ADA is broad. Even temporary impairments, depending on their severity, can sometimes be covered. How Does the Accommodation Process Work? When an employee needs an accommodation, the process typically starts with a request. The employee doesn’t need to use any “magic words” or reference the ADA explicitly — they simply need to let their employer know that they need an adjustment related to a medical condition. From there, employers and employees engage in an interactive process: The employer may ask for reasonable documentation to understand the disability and the need for accommodation. Together, they discuss potential accommodations. Employers are required to provide accommodations unless doing so would create an “undue hardship” — meaning significant difficulty or expense relative to the employer’s size and resources. Open communication is key. The ADA encourages flexibility and collaboration to find solutions that work for both the employer and the employee. Why Accommodations Benefit Everyone Providing accommodations is not just about compliance; it’s about building inclusive, supportive workplaces. Research shows that inclusive workplaces have higher employee engagement, lower turnover, and greater innovation. Plus, many accommodations are low-cost or even free — and they create a work environment where all employees can thrive. Final Thoughts The ADA stands as a powerful affirmation of equal rights and opportunities for individuals with disabilities. By understanding the law and committing to meaningful accommodations, employers and employees can work together to foster more inclusive, equitable workplaces for everyone. If you have questions about your rights or responsibilities under the ADA, consulting with an attorney or a human resources professional can provide valuable guidance.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.