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Employment Law

Are you ready for the older Americans heading back to work?

01/26/2026
As an employer, you may be worried about hiring older workers. Questions may include: Are older applicants healthy enough to resume work? Do they possess the current skills necessary? How long will they stay? Unfortunately, practical as those concerns may be, legally they are irrelevant.

EEOC settlements clarify PWFA/FMLA accommodation obligations

01/20/2026
Revised regulations are expected to come that focus coverage away from expansive interpretations of the PWFA (i.e., requiring accommodations for fertility treatments, menstruation and menopause) and instead focus on the 40 weeks of pregnancy and recovery time. Two recent EEOC settlements highlight that shift.

Performance record essential to defeat FMLA interference claims

01/20/2026
Employers can’t interfere with the right of an employee to take FMLA leave if that employee qualifies. But what if the employee has documented performance problems prior to leave? Can the employer still discipline the employee if that discipline would have been appropriate had the employee not requested leave?

Pennsylvania launches hair discrimination and other worker-protection laws

01/20/2026
Beginning in early 2026, Pennsylvania workers have a new set of employment protections. One new law applies state-wide, while several other laws apply in major population hubs, such as Philadelphia and Pittsburgh.

Tackling the top HR problems in the first quarter

01/12/2026
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.

Considering offering temporary telework? It needn’t become permanent

01/12/2026
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.

NLRB’s expanded damages face Supreme Court showdown—or reversal

01/12/2026
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.

Different treatment doesn’t always equal a hostile environment

01/12/2026
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.

EEOC signals huge 2026 priority shift

01/12/2026
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.

New Jersey moves to protect disparate-impact claims

01/12/2026
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.