Topics of The Week

The use of sexual identity pronouns in the workplace is an important aspect of fostering an inclusive and respectful environment. Encouraging employees to share and honor one another’s pronouns—such as she/her, he/him, they/them, or other gender-diverse identifiers—demonstrates a commitment to acknowledging and validating individual identities. This practice can reduce the risk of misgendering, promote psychological safety, and signal that diversity and inclusion are valued by the organization. Integrating pronoun use into email signatures, name tags, and introductions can help normalize the conversation and support LGBTQ+ colleagues in feeling seen and respected.

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value. See our blog “Portable Benefits for Independent Contractors: National and State Legislative Initiatives” for more information.  

Labor organizing in the age of artificial intelligence (AI) is becoming increasingly critical as automation and algorithm-driven decision-making reshape the workplace. AI technologies are being used to monitor productivity, manage schedules, and even make hiring and firing decisions—often without transparency or worker input. In response, labor organizers are mobilizing to ensure that workers have a voice in how these tools are implemented, demanding ethical guidelines, accountability, and protections against job displacement and surveillance. By advocating for stronger collective bargaining rights and inclusive tech governance, labor movements are working to ensure that AI serves to enhance, rather than undermine, worker dignity and economic security.

May 1, 2025: The American Arbitration Association (AAA) revised its Employment Arbitration Rules, effective May 1, 2025. Among other things, the new rules: are renamed as “Employment/Workplace Arbitration RulesOpens in a new window” to encompass broader workplace disputes, such as independent contractor misclassification claims; allow for administrative consolidation of multiple claims filed by the same party arising from the same contract; add procedures for conducting a preliminary hearing (formerly conducted as an “Arbitration Management Conference”); and provide that virtual hearings are the default unless the parties agree or the arbitrator decides otherwise.

The Occupational Safety and Health Administration has extended its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards (NEP) to April 8, 2026. The NEP was set to expire on April 8, 2025. This extension allows OSHA to continue its efforts in identifying and addressing heat-related injuries and illnesses in workplaces.

On April 23, 2025, President Trump signed an executive order to end disparate impact discrimination. Disparate impact discrimination occurs when a seemingly neutral policy, practice, or rule disproportionately affects members of a protected group, even if there is no intentional bias. Unlike disparate treatment, which involves overt and intentional discrimination, disparate impact focuses on the effects of an action rather than the intent behind it. Ending disparate impact discrimination is part of a broader effort by the Trump administration to reshape federal antidiscrimination and DEI policies and could lead to potential legal disputes.

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified employees. Reasonable accommodations can include changes like modified schedules, assistive technology, or making facilities accessible, aiming to create equal opportunities without imposing undue hardship on employers. The ADA protects a wide range of physical and mental conditions, and the accommodation process involves open communication between employee and employer. Providing accommodations not only ensures legal compliance but also fosters more inclusive, engaged, and productive workplaces.

Federal contractors are navigating significant regulatory shifts following the issuance of Executive Order 14173 in January 2025. This order rescinds longstanding affirmative action mandates under Executive Order 11246, eliminating requirements for nondiscrimination based on race, gender identity, and sexual orientation in federal contracting. Consequently, clauses such as the “Prohibition of Segregated Facilities” (FAR 52.222-21) have been removed from federal contracts, with agencies like the GSA and DoD implementing these changes. The order also directs agencies to terminate existing diversity, equity, inclusion, and accessibility (DEIA) mandates deemed discriminatory or unlawful.

April is Workplace Violence Awareness Month—a time to recognize, prevent, and address violence in all its forms within the workplace. From verbal threats to physical assaults, workplace violence can impact anyone, regardless of industry or role. This month serves as a critical reminder for employers to evaluate safety policies, provide training, and foster a culture where employees feel empowered to speak up. By raising awareness and taking proactive steps, we can help create safer, more respectful work environments for everyone.

Medicaid cuts could have a significant impact on the workforce, particularly for low-income workers, individuals with disabilities, and those in caregiving roles. Reduced funding could lead to loss of healthcare coverage, forcing employees to work while sick or miss work due to untreated medical conditions, ultimately decreasing productivity. Industries that rely on Medicaid-supported workers, such as healthcare and long-term care, could face staffing shortages as employees struggle to afford necessary medical care. Additionally, businesses may experience higher absenteeism and turnover, increasing operational costs. The economic ripple effect could extend to employers, taxpayers, and communities, making Medicaid cuts not just a healthcare issue but a workforce and economic concern.

Employees should be aware that their personal social media activity can have implications in the workplace, even if they post on their own time and devices. Many employers have social media policies that outline what is considered inappropriate or damaging to the company’s reputation. Posting confidential company information, making discriminatory or offensive remarks, or publicly criticizing the employer or coworkers can lead to disciplinary action or even termination. Additionally, employees should understand that privacy settings do not guarantee complete confidentiality—posts can be shared or screenshotted. It’s essential to exercise caution, remain professional, and consider how personal content could be perceived by colleagues, clients, or potential employers.

A new Executive Order and recent publications from the U.S. Department of Education outline an enforcement strategy targeting Diversity, Equity, and Inclusion (DEI) initiatives in both education and the private sector. The strategy emphasizes increased oversight and potential limitations on DEI programs that are seen as non-compliant with federal regulations. This approach reflects a broader shift in federal policy, aiming to ensure that DEI efforts align with existing legal standards while addressing concerns about fairness and equal opportunity.

Protections for pregnant workers and new mothers are essential to fostering an equitable and inclusive workplace. These protections ensure that women can maintain their health, job security, and financial stability during pregnancy and after childbirth. Without safeguards like reasonable accommodations, parental leave, and protection from discrimination, pregnant employees and new mothers may face unfair treatment, limited career opportunities, or even job loss. Supporting these workers not only upholds legal and ethical standards but also promotes employee well-being, retention, and productivity. Ultimately, workplaces that prioritize these protections help create a culture of respect, diversity, and long-term success.

Harassment in the workplace is a serious issue that can create a hostile, intimidating, or offensive environment for employees. It can take many forms, including verbal abuse, unwelcome physical contact, discriminatory remarks, or inappropriate jokes based on race, gender, age, religion, disability, or other protected characteristics. Workplace harassment not only affects individual well-being but also undermines productivity, morale, and overall company culture. Employers have a legal and ethical responsibility to prevent and address harassment through clear policies, training, and prompt action when complaints arise. Encouraging a culture of respect and accountability is essential to fostering a safe and inclusive work environment.

Workplace safety is essential for protecting employees, fostering productivity, and ensuring compliance with regulations. A safe work environment minimizes the risk of accidents, injuries, and long-term health issues, reducing absenteeism and liability costs for employers. Prioritizing safety also boosts morale, as employees feel valued and secure in their roles. Moreover, adherence to safety protocols demonstrates corporate responsibility and helps maintain a company’s reputation. By investing in proper training, protective equipment, and clear policies, organizations create a culture where safety is ingrained in daily operations, leading to a healthier, more efficient, and legally compliant workplace.

Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government, establishes a framework that recognizes only two sexes, advocating for policies that reflect this perspective. As a result, the future of gender identity in the workplace may see shifts away from recent inclusivity measures, particularly within the federal workforce and potentially influencing private sector policies. Employers may face challenges in navigating compliance with this order while addressing diverse employee needs and maintaining inclusive workplace cultures. Organizations that have previously implemented gender-affirming policies may need to reassess their approaches in light of evolving legal standards. As these changes unfold, businesses committed to fostering diverse work environments may seek alternative strategies to support employees while aligning with new regulatory frameworks.

Recent shifts in U.S. immigration policy have introduced significant challenges for undocumented workers. The implementation of Executive Order 14159, titled “Protecting The American People Against Invasion,” has intensified immigration enforcement by expanding expedited removal processes, denying federal funding to sanctuary jurisdictions, and imposing penalties on undocumented individuals who fail to register. These measures have heightened fears of deportation among undocumented workers, particularly in sectors like agriculture, construction, and food service, which heavily rely on immigrant labor. he uncertainty surrounding immigration policies has left many undocumented workers and their employers in a state of anxiety, underscoring the need for comprehensive immigration reform that balances enforcement with the economic contributions of immigrant communities.

Drug testing in the workplace is a practice employers often use to promote safety, productivity, and compliance with legal or regulatory standards. It is particularly common in industries where safety is critical, such as transportation, construction, and healthcare. Employers may implement pre-employment, random, or post-incident drug testing as part of their policies to ensure a drug-free workplace. However, it is essential to balance these practices with employee rights and privacy considerations, as well as compliance with federal, state, and local laws. A clear, consistently applied drug-testing policy that aligns with legal requirements and includes resources for employee education and support can help foster a safe and effective work environment.

Algorithmic discrimination refers to the use of artificial intelligence (AI) systems that result in differential treatment or impacts on individuals or groups based on characteristics such as race, gender, age, socioeconomic status, or other protected attributes. This phenomenon occurs when AI algorithms inadvertently learn and replicate biases present in the data they are trained on or are designed in ways that disproportionately disadvantage certain populations. Algorithmic discrimination can manifest in various contexts, such as hiring decisions, loan approvals, facial recognition systems, and law enforcement tools, potentially reinforcing existing inequalities and perpetuating systemic bias. Addressing algorithmic discrimination requires careful consideration of fairness, transparency, and accountability in the design, development, and deployment of AI systems.

Pay equity in the workplace refers to the practice of ensuring that all employees receive fair and equal compensation for work of equal value, regardless of factors such as gender, race, ethnicity, or other personal characteristics. It aims to address systemic wage disparities and promote fairness by evaluating job responsibilities, skills, effort, and working conditions rather than relying on discriminatory or biased criteria. Pay equity is not only a legal and ethical obligation but also a critical driver of employee satisfaction, productivity, and organizational success. By fostering a culture of transparency and fairness, companies can build trust, attract top talent, and contribute to a more equitable and inclusive society.

Wearable technologies, such as fitness trackers, smartwatches, and health-monitoring devices, are increasingly used in workplaces to promote wellness and track productivity. While these devices can offer benefits, their use raises important legal considerations under federal anti-discrimination laws. The Americans with Disabilities Act (ADA) prohibits discrimination based on disability and restricts employer access to employee medical information. Similarly, the Genetic Information Nondiscrimination Act (GINA) forbids the collection or misuse of genetic data. Employers leveraging wearable technology must ensure compliance with these laws by maintaining confidentiality, obtaining informed consent, and avoiding practices that could inadvertently discriminate against employees. Transparent policies and adherence to legal standards are critical to balancing the benefits of wearables with employees’ rights.

The legal landscape surrounding noncompete agreements is undergoing significant transformation as lawmakers and regulators across the United States seek to limit their use. Traditionally used to prevent employees from working for competitors or starting similar businesses within a defined timeframe and geographic area, noncompete agreements have come under scrutiny for restricting workers’ mobility and stifling competition.

Accessibility features on websites are essential for ensuring inclusivity and equal access for all users, regardless of their physical, cognitive, or sensory abilities. By incorporating features like screen reader compatibility, keyboard navigation, alternative text for images, and adjustable font sizes, websites can accommodate individuals with disabilities, allowing them to interact with digital content seamlessly. Accessible websites not only comply with legal standards, such as the Americans with Disabilities Act (ADA), but also demonstrate a commitment to diversity and inclusion. Moreover, these features improve usability for all users, enhancing the overall user experience and broadening the reach of a website’s audience. Embracing accessibility is not just a legal and ethical responsibility; it is a valuable opportunity to create a more equitable digital landscape.

On November 13, 2024, the National Labor Relations Board (NLRB) ruled in favor of Amazon Labor Union in the case against Amazon.com Services LLC. The decision centered on allegations that Amazon had violated labor laws by using coercive tactics to deter unionization efforts at its Staten Island, New York, warehouse. The Board upheld findings that Amazon’s actions, including surveillance and discriminatory enforcement of workplace policies, undermined workers’ rights under the National Labor Relations Act. The ruling highlighted the NLRB’s commitment to protecting workers’ rights to organize without employer interference.

Paid leave is a critical workplace benefit that supports employees by providing time away from work for personal, family, or health-related reasons without the loss of income. It encompasses various types of leave, including sick leave, parental leave, vacation days, and bereavement leave. Paid leave policies promote work-life balance, improve employee morale, and enhance productivity by reducing stress and burnout. For employers, offering competitive paid leave can attract and retain top talent, demonstrate a commitment to employee well-being, and foster a more inclusive workplace culture. While federal requirements like the Family and Medical Leave Act (FMLA) provide unpaid leave protections, many states and organizations are expanding access to paid leave to meet the evolving needs of the workforce.

Women’s reproductive rights in the workplace encompass the right to access healthcare, fair treatment during pregnancy and childbirth, and protection against discrimination related to reproductive choices. This includes access to health benefits that cover reproductive healthcare, such as contraception, fertility treatments, and family planning, ensuring women can make choices without fear of career consequences. It also involves protecting pregnant employees from workplace bias, giving them the right to reasonable accommodations, and ensuring parental leave options. The workplace plays a critical role in supporting reproductive rights by fostering an environment that respects women’s autonomy and provides equitable access to resources and support, contributing to a more inclusive, empowered, and productive workforce.

Following the 2024 presidential election, employers can play a key role in helping employees manage differing political viewpoints in the workplace by fostering an inclusive and respectful environment. One effective approach is encouraging open dialogue through structured activities, such as moderated discussions or workshops that promote active listening and understanding diverse perspectives. Providing access to resources like conflict-resolution training and mental health support can also help employees navigate tensions. Additionally, setting clear guidelines on respectful communication in the workplace can ensure everyone feels safe to express their views without fear of hostility or reprisal. By creating a culture that values respect and empathy, employers can help employees maintain a harmonious workplace despite political differences.

Voting rights are fundamental to a functioning democracy, as they empower individuals to have a voice in their government and influence decisions that shape society. These rights ensure that citizens can participate in the electoral process, selecting leaders and shaping policies that reflect their values and needs. Throughout history, voting rights have been expanded through legislation and activism, addressing issues of race, gender, and socioeconomic status. Yet, challenges persist, with some communities still facing barriers like restrictive voter ID laws, limited polling places, and other forms of disenfranchisement. Protecting and promoting voting rights is essential to ensure a truly representative government where all citizens can exercise their right to vote freely and fairly.

Diversity, Equity, and Inclusion (DEI) are essential to creating a thriving and innovative workplace. Embracing DEI fosters a culture where employees from all backgrounds feel valued, respected, and empowered to contribute their unique perspectives. This not only leads to more creative problem-solving and better decision-making but also boosts employee morale and engagement. A commitment to DEI helps organizations attract top talent, reduce turnover, and build stronger relationships with diverse clients and communities. Ultimately, a diverse and inclusive workplace promotes fairness, drives business success, and strengthens organizational resilience in an increasingly global and interconnected world.

Did you know the Pregnant Workers Fairness Act (PWFA) mandates that employers provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions, as long as these accommodations do not pose an undue hardship on the business. Under the PWFA, employers are required to engage in an interactive process with employees to identify appropriate accommodations, which may include modifications to work schedules, temporary job restructuring, or more frequent breaks. Importantly, the PWFA prohibits discrimination, retaliation, or denial of employment opportunities based on the need for accommodations. This act aims to ensure that pregnant workers are treated with dignity and fairness, empowering them to maintain their livelihoods while safeguarding their health and well-being.

Protections against discrimination based on gender identity and sexual orientation have expanded significantly in recent years. Under the 2020 Supreme Court ruling in Bostock v. Clayton County, Title VII of the Civil Rights Act was interpreted to include protections for LGBTQ+ individuals in the workplace, meaning that employers cannot discriminate based on sexual orientation or gender identity. Additionally, many states and local governments have enacted laws that further prohibit discrimination in housing, healthcare, education, and public accommodations. These protections are critical for ensuring that all individuals, regardless of their gender identity or sexual orientation, have equal access to opportunities and services without fear of prejudice or unfair treatment.

Older adults add immense value to the workplace by bringing a wealth of experience, strong problem-solving skills, and a steady work ethic. Their years of industry knowledge enable them to approach tasks with efficiency and insight, often foreseeing challenges and offering solutions that less experienced employees might overlook. Additionally, older workers excel in mentorship roles, fostering the growth of younger team members through knowledge transfer and guidance. Their ability to handle pressure, combined with a commitment to long-term goals, adds stability and fosters a culture of trust and collaboration within the organization.

When employees are required to return to work, they retain important rights designed to ensure a safe and fair working environment. These rights include the entitlement to reasonable notice before any shift from remote to in-office work, allowing employees time to adjust. Additionally, employees are protected by health and safety regulations, which mandate that employers provide a safe workspace, especially in light of ongoing health risks like COVID-19. Workers with disabilities are entitled to reasonable accommodations under laws such as the Americans with Disabilities Act (ADA), which may include continued remote work if necessary. Employees also have the right to negotiate flexible work arrangements and, in unionized settings, collective agreements may offer further protections. Understanding these rights can help employees navigate the transition back to the workplace confidently and securely.

Employees have the right to reasonable accommodations in the workplace under the Americans with Disabilities Act (ADA) and similar state laws. This means that if an employee has a disability that affects their ability to perform essential job functions, they can request adjustments or modifications to help them do their job. These accommodations could include things like modified work schedules, assistive technology, or changes to workspace accessibility. Employers are required to engage in an interactive process with the employee to explore potential accommodations, as long as the request does not impose an undue hardship on the business.

Freelance and gig workers often face challenges when it comes to classification, as their employment status can be a gray area. Misclassification as independent contractors, rather than employees, can result in losing access to important benefits such as health insurance, retirement contributions, and protections like unemployment insurance or workers’ compensation. Navigating the complexities of federal and state regulations can be daunting, especially when those laws vary across jurisdictions and change frequently. Freelancers may struggle with maintaining autonomy while meeting the expectations of employers who may exert control over deadlines and work quality, blurring the lines of independence. As the gig economy expands, freelancers must stay vigilant to protect their rights and ensure they receive fair treatment under the law.

In 2024, unions remain a vital force in advocating for workers’ rights and ensuring fair labor practices. As the economy continues to evolve with the rise of remote work, gig employment, and AI-driven automation, unions play a crucial role in protecting workers from exploitation and maintaining equitable wages and benefits. They also act as a counterbalance to corporate power, providing a collective voice for employees in negotiations, addressing workplace inequalities, and safeguarding job security in an increasingly uncertain economic landscape.

Workplace safety is crucial in fostering a healthy, productive environment where employees feel protected and valued. Effective safety programs involve implementing comprehensive policies, regular training, and ongoing communication to identify potential hazards. By emphasizing safety, employers not only comply with legal requirements but also reduce the risk of accidents, improve employee morale, and boost overall productivity. A proactive approach to safety ensures that all employees can perform their tasks confidently, knowing that their well-being is prioritized.

Employment contracts serve as the foundation of the employer-employee relationship, setting the stage for the terms of engagement. These agreements typically detail crucial aspects such as job responsibilities, compensation structures, working hours, benefits, and grounds for termination. Understanding each clause is vital for employees to ensure they are treated fairly and in accordance with the agreed terms.

The NLRB rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships and replaced it with the “Fair Choice-Employee Voice Final Rule” on July 26, 2024. With this action, the NLRB eliminated safeguards on the use of blocking charges, removed the 45-day window for employees to challenge an employer’s voluntary recognition of a union, and lowered the bar for unionizing in the construction industry. Under the new rule regional directors once again have authority to delay an election when a party to the representation proceeding requests that its unfair labor practice charge block an election,provided the request is supported by an adequate offer of proof, the party agrees to promptly make its witnesses available, and no exception is applicable. The rule takes effect September 30, 2024.

Job transitions present a range of challenges for employees, often encompassing both emotional and practical difficulties. The learning curve associated with new job responsibilities and systems can also be steep, requiring significant time and effort to achieve proficiency. Moreover, employees may experience uncertainty and anxiety about their performance and fit within the new role, potentially impacting their confidence and productivity. Effective support from employers, such as comprehensive onboarding programs and access to resources, can significantly ease these transitions and help employees thrive in their new positions. 4o

Equity in the workplace is essential for fostering an inclusive and productive environment where all employees have the opportunity to succeed. It involves recognizing and addressing systemic disparities that affect underrepresented and marginalized groups, ensuring fair treatment, access to resources, and opportunities for advancement. By implementing equitable practices, such as transparent pay structures, diverse hiring processes, and inclusive policies, organizations can create a culture of respect and belonging. This not only enhances employee morale and retention but also drives innovation and overall business success. Ultimately, equity in the workplace is about creating a level playing field where every individual’s contributions are valued and rewarded fairly.

Clean slate legislation is a major labor law trend on the state level. These laws seek to expand employment opportunities for individuals with a criminal record. To accomplish this, the laws allow removal of specific types of criminal records from the public court record so that employers can no longer access certain types of records during background checks.

According to the US Department of Labor, Overall, women are paid less than men. On average, women working full-time, year-round are paid 84% of what men are paid. In other words, the typical woman working full-time would need to work from January 1, 2023, until March 12, 2024, to make what the typical man working full-time made in 2023. This wage gap also persists within all major race and ethnic groups. For instance, Hispanic women ($41,137 median annual salary) make 13% less than Hispanic men ($47,420 median annual salary). This inequity is even greater for Black and Hispanic women when compared to white, non-Hispanic men.   

What is employment discrimination? Employment discrimination is when an employer treats an applicant or employee less favorably because of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

AI is transforming the workplace by automating routine tasks, enhancing decision-making, and fostering innovation. With the integration of AI, businesses can optimize operations through predictive analytics, streamline customer service with chatbots, and improve employee productivity with intelligent virtual assistants. This technological shift not only reduces human error and operational costs but also allows employees to focus on more strategic and creative tasks.

Workers are starting to warm up to AI in the workplace. Read more. Three ways AI can bridge the generation gap in the workplace. Read more. The US Supreme Court confirmed a more stringent test for how requests for injunctive relief under the National Labor Relations Act. Read more. More fathers are taking paternal leave. Learn more.

Arbitration is a commonly used form of resolving disputes. While voluntary agreements to arbitration have been used in commercial disputes for many years, today’s employers are utilizing a different form of arbitration known as forced arbitration. Forced arbitration occurs when an employer conditions initial employment, continued employment, or important employment benefits on the employee’s agreement to arbitrate any future claims against the employer. Think about consulting a lawyer before you sign a forced arbitration clause so that your rights are protected.

Psychological safety is gaining traction in organizations that value collaboration, risk-taking and continuous improvement. In a psychologically safe workplace, employees are empowered to express themselves without the fear of judgement and negative consequences. Listen to this podcast for more information on this important topic.

Family responsibilities discrimination, also called caregiver discrimination, is discrimination in the workplace based on an employee’s responsibility, real or perceived, to care for family members. Employers may discriminate based on family responsibilities when they deny employment or promotions, harass, pay less, or otherwise take negative employment action against an employee because of the employee’s family responsibilities.

Job burnout, stress, and anxiety continue to be a challenge for employers and employees. Proactive employers are seeking ways to improve mental health in the workplace. They also understand that positive workplace mental health requires investment (i.e., time, intention and action) at all levels of an organization, including executive leadership, management and employees.