News

If you’ve had to create lunchroom rules based on what employees are bringing to eat or heating up in the microwave, it’s time to rethink that strategy. An employer recently paid $200,000 to a couple whose discrimination lawsuit began with a co-worker’s complaint about allegedly “pungent” Indian food and deteriorated from there.

Chances are, at some point an employee is going to come to HR and tell you they believe they have been discriminated against, harassed or otherwise been treated unfairly. How you respond to that complaint can mean the difference between losing a lawsuit and all that entails or resolving the problem early and avoiding liability.

The shift makes it more likely that changes championed by Chair Andrea Lucas will move forward faster than many expected, with less deliberation by other commissioners and agency staff.

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. Here’s what you need to know.

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.

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.

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.

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.

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.

When deciding whether discipline was biased, courts often seek to compare workers who have the same supervisor, not just those who have the same job. That’s because discrimination is often manifested by individual acts, not a systemic, organization-wide problem. That makes it important to track discipline by supervisor.