Compliance Stuff

On May 25, 2026, Pope Leo XIV released his first encyclical, “ Magnifica humanitas: On Safeguarding the Human Person in the Time of Artificial Intelligence .” For employers, this type of high-profile religious guidance related to AI is likely to shape how some employees understand the moral permissibility of using AI tools at work, and may contribute to requests for accommodations from those who object to using AI on religious grounds . This is not legal theory. It is already happening. See Sarah E. Needleman, She won a religious exemption from using AI at work. The Pope’s remarks could fuel similar appeals , Business Insider (June 5, 2026). As a result, employers find themselves at the crossroads between (relatively) new legal precedent and new technology. What Changed After Groff ? For years, many courts treated undue hardship in the context of religious accommodations as anything more than a minimal cost or burden. However, in Groff v. DeJoy , 600 U.S. 447 (2023), the U.S. Supreme C...

On June 4, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new National Enforcement Plan (NEP), effective immediately, replacing the Biden-era Strategic Enforcement Plan (SEP). The NEP realigns federal enforcement around the current administration’s priorities and signals a significant shift in how workplace discrimination claims will be investigated and litigated. For employers, the change reshapes where federal risk will change and diverge from state law obligations. EEOC Deprioritizes Disparate Impact Where the SEP prioritized adverse/disproportionate impact, the NEP (using Executive Order 14281) builds its priorities around disparate treatment and commits to eliminating disparate-impact theories in investigations “to the maximum degree possible .” This effort includes not commencing, developing, or continuing litigation that advances the SEP’s prioritized disparate-impact claims. What this means for employers: Federal EEOC exposure on facially neutral policies wit...

Employers now have a roadmap from the federal government on how best to comply with workplace anti-discrimination laws under the Trump administration. The Equal Employment Opportunity Commission (EEOC) just released an updated National Enforcement Plan yesterday that replaces the last plan from the Biden administration. Notably, the plan prioritizes enforcement in intentional discrimination cases – including bias in DEI programs – rather than disparate impact claims. The plan “reaffirms the agency’s unwavering commitment to merit-based, evenhanded enforcement of our nation’s civil rights laws,” according to EEOC Chair Andrea Lucas. We’ll tell you everything you need to know about the new enforcement guidelines and five steps to ensure compliance. The EEOC’s New Enforcement Priorities The EEOC’s Commissioners voted on June 4 to replace the Biden administration’s FY 2024-2028 Strategic Enforcement Plan with a new National Enforcement Plan (NEP). The EEOC noted that it will use its enfo...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. NLRB Chair Murphy and General Counsel Carey Testify at House Subcommittee Hearing  On June 4, the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing, with the National Labor Relations Board (NLRB) Chair James Murphy and General Counsel Crystal Carey as witnesses to examine the policies and priorities of the NLRB. Chair Allen asked about the timing of an initial contract. GC Carey explained that, from certification, the extensive process of ascertaining, gathering, and responding to information pertaining to the specific employer, industry, and employees, as well as the time needed to draft proposals, can take time and should not be rushed. Chair Walberg, alluding to the imminent House floor vote on the “Faster Labor Contracts Act,” stated that the fed...