We authored an article for Employee Relations Law Journal outlining three developing areas for employers this year: navigating Equal Employment Opportunity Commission (EEOC) priorities, leave laws and artificial intelligence (AI). We provided practice steps on how employers can stay compliant within this dynamic and changing environment.
EEOC Priorities
We pointed out that employers should clearly distinguish unlawful harassment, which requires prompt investigation and remedial action, from lawful performance management and discipline, while training managers to exercise authority in a way that avoids even the appearance of belittlement. Employers must be diligent with thorough and well-documented investigations, prompt corrective action when warranted, and regular policy and training updates aligned with evolving federal, state, and local guidance.
Leave Laws
We noted that employers may not require employees to use accrued PTO while receiving pay under state or local paid family and medical leave programs, and state benefit approvals do not determine federal FMLA or ADA obligations. Effective compliance requires accurate leave designation and tracking, timely notices, and a disciplined transition to the ADA interactive process—supported by clear documentation—when FMLA ends or does not apply.
AI in the Workplace
States are increasingly regulating AI in employment decisions by prohibiting discriminatory effects and requiring notice, audits, impact assessments, and recordkeeping, while a December 2025 executive order encourages a future national standard but does not override existing state laws. Until a federal framework exists, employers should maintain state-specific compliance programs that emphasize regular bias testing, documentation, transparency, and meaningful human oversight in AI-assisted HR decisions.
We concluded by reminding employers that “Across all three areas, clear policies, disciplined processes and thorough documentation remain the most reliable tools for legal compliance and risk mitigation.”
The full article, “An Employer’s Guide to Navigating Equal Employment Opportunity Commission Priorities, Leave Laws, and Artificial Intelligence in the Workplace,” was published in the Summer 2026 issue of Employee Relations Law Journal and is available here.