Compliance Stuff

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...

The federal government is currently in a race against the clock. Unless lawmakers agree to a spending plan before midnight (ET) on Tuesday, September 30, federal appropriations will expire causing much of the federal government, including the Occupational Safety and Health Administration (OSHA), to shut down. A lthough OSHA will cease most operations during the shutdown, some inspection activity deemed “essential” by the Agency will continue under limited circumstances. In preparation for a government shutdown, the Department of Labor (DOL) developed a  contingency plan  (dated September 26, 2025) outlining the DOL’s plan for operating in the event of a lapse in appropriations. This plan specifies the “essential” functions of OSHA that will be maintained during a shutdown, which include: Inspection of imminent danger situations; Inspection of workplace fatalities and catastrophes; Review of whistleblower complaints and subsequent referrals to an appropriate agency of any compl...

KEY TAKEAWAYS: Employees with disabilities may be entitled to reasonable accommodations even if they can perform the essential functions of their job without an accommodation. Ability to perform the essential functions of the job is relevant to a failure-to-accommodate claim, but it is not dispositive. In a recent Second Circuit decision from March,  Tudor v. Whitehall Central School District , the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA). Specifically, the court ruled that employees with disabilities may be entitled to reasonable accommodations  even if  they can perform the essential functions of their job without one. In  Tudor,  plaintiff appealed a decision from the U.S. District Court for the Northern District of New York granting summary judgment in favor of the defendant on a failure-to-accommodate claim brought pursuant to the ADA. The lower court ruled that an employee’s...

In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the s cope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations. The court’s ruling in  Tudor v. Whitehall Central School District  establishes that employees with disabilities may be entitled to reasonable accommodations, even if they can perform the essential functions of their jobs without them. Quick Hits In a decision on March 25, 2025, the Second Circuit Court of Appeals ruled that employees with disabilities may be entitled to reasonable accommodations under the ADA even if they can perform their jobs’ essential functions without them. The case involved a high school teacher with PTSD who was denied brief afternoon breaks, leading the Second Circuit to emphasize the ADA’s broader support for employee well-being and inclusion. The Second Circuit’s ruling clarifies that under the ADA, a “qualified individual” may be entitled to reasonable acco...