The new year is here, and with it, the big HR headaches of the first quarter of 2026 are coming into focus. These issues include:
A newly aggressive EEOC. The Equal Employment Opportunity Commission enters the new year with a new Republican quorum, ready to carry out the Trump administration’s agenda as outlined in executive orders. High on the list of priorities is examining employers’ programs designed to address diversity, equity and inclusion, and determining which efforts pass legal muster and which constitute reverse discrimination. The agency says it has already launched extensive investigations into employers to identify possible instances of discrimination. Those efforts will likely be highlighted in traditional and social media.
NLRB changes. The National Labor Relations Board also now has a Republican quorum. Expect significant changes to the handbook rules that employers can impose on their employees. This may be beneficial to employers who have loosened their handbook rules over the last five years and now see a need to tighten them.
Accommodations. Several factors are likely to lead to increased disputes over return-to-office rules and requests for accommodations that permit continued telework. We’ve already seen a flurry of requests from disabled workers who don’t want to or can’t physically return to the office—some because they were hired during the pandemic rush that pushed disabled hiring to record highs.
Pregnancy. The Pregnant Workers Fairness Act (PWFA) continues to drive lawsuits, especially from the EEOC. With important accommodation questions (such as exactly what pregnancy-adjacent conditions are covered and for how long) still unclear, this is the time when answers will come from courts, and regulatory clarifications will come from the EEOC.
What employers should do. We will be covering these crucial issues and much more as the Trump administration enters its second full year.
