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It’s fairly common for mid- to large-size employers to outsource Americans with Disabilities Act accommodation administration to an outside administrator. But be aware that doing so comes with risk. Delegating day-to-day administration to another entity does not change your potential liability, as a recent case shows.

In the not-too-distant past, the DOL and the EEOC issued employment-related AI policies. But that was then. The Trump administration has removed these policies and left very little in their place. And since politics abhors a vacuum, states are stepping in to fill the gap.

If you use H-1B visa workers, it’s a good idea to work closely with your immigration attorney both while you are preparing the application and after the employee is in place.

Employers are required to adopt policies designed to prevent harassment. When that fails, employers have a strict obligation to stop harassment once they learn it is taking place. But if management doesn’t know harassment is happening, that obligation doesn’t kick in and it won’t be liable.

While much of the media’s 2026 Equal Employment Opportunity Commission coverage has focused on the agency’s fight against what it sees as illegal diversity, equity and inclusion efforts and alleged reverse discrimination against white men, the EEOC’s litigation patterns show a different emphasis.

Do we need to make employees take lunch?

The DOJ initially investigated IBM using the federal False Claims Act and discovered what it called illegal diversity, equity and inclusion practices.

The court said there is nothing in New Jersey’s Wage and Hour Law that exempts employers from having to pay any workers at least the state minimum wage and overtime premiums set out in the WHL when they perform work.

Hiring has gone national—but compliance hasn’t caught up. That disconnect is creating a growing challenge for HR professionals.

It’s HR’s job to make sure that information is passed on and that the new supervisor understands his or her obligation to honor the accommodation. A sudden withdrawal of the accommodation without HR guidance and approval is sure to trigger litigation.