Canadian AI law: Canada's legislative framework for regulating AI is developing but only Ontario has legislated on AI issues within its employment standards legislation. However, employers may be subject to other laws that are currently on the books. For example, Québec’s Private Sector Act regulates “automated processing” of personal information and requires private sector employers to disclose personal information that is being used to render a decision. Similarly, Alberta’s Protection of Privacy Act requires public-sector employers to disclose if they intend to input personal information into an “automated system” for the purposes of making certain decisions. In both cases, the legislation would likely apply to AI systems that are used to make hiring, firing and performance management decisions where personal information is being used. Ontario's Employment Standards Act 2000 (ESA) as of 1/1/2026 now provides that a “publicly advertised job posting” will need to disclose the use of AI if the employer uses AI to “screen, assess or select applicants for the position.” The ESA also provides that employers with 25 or more employees must maintain a written electronic monitoring policy and generally requires those employers to account for any AI tools used to monitor employees in the workplace within the policy. Source: Borden Ladner Gervais LLP 6/29/26
White employee’s retaliation lawsuit for not having an equity mindset reinstated by appellate court: A lower court erred when it held that a White former special education administrator had not properly plead a First Amendment claim alleging that her employer retaliated against her for her refusal to adopt an “equity mindset” at the request of her co-workers, the 7th U.S. Circuit Court of Appeals held Wednesday. The plaintiff in Spengler v. CESA 7 trained and supported special education directors in Wisconsin school districts. She alleged that she was demoted for refusing the equity mindset requirement, which she viewed as racist and discriminatory against White people. She alleged violations of Title VII of the 1964 Civil Rights Act as well as the First and Fourteenth Amendments. A district court held for the employer on all counts, ruling that the plaintiff was fired because of her objections to the employer’s opinion or ideology rather than her race. It added that these objections were not constitutionally protected because she was never forced to say anything against her will. The 7th Circuit reversed solely on the First Amendment claims as to the employee’s beliefs and remanded for further proceedings. Source: HR Dive 7/13/26
SHRM’s insurance may not cover punitive damages: Twin City, a subsidiary of Hartford Fire Insurance Co that carried an employment practices liability insurance policy for SHRM, filed a lawsuit against the HR organization Tuesday, asking a court to declare that the insurer is not responsible for a multimillion-dollar punitive damage award in a race bias case. The carrier said it should not be required to indemnify SHRM for the $10 million award because the jury found the HR organization engaged in intentional race discrimination and retaliation. In Virginia, where SHRM is headquartered, state law prohibits the insuring of punitive damages awarded for intentional acts, the insurance company argued. It said it made that clear to SHRM when it first agreed to defend the organization against the race bias claim, Mohamed v. SHRM, and afterward. Source: HR Dive 7/29/26
Do your employees use drugs? Likely yes: Nearly one in five workers in the general U.S. workforce (19.1%) tested positive for drug use based on an analysis of hair specimens collected in 2025, an increase of nearly 46% compared to 13.1% in 2021, finds the 2026 Quest Diagnostics Drug Testing Index™. Over the past five years, overall hair test positivity for marijuana increased 58.9% (9.5% in 2021 vs. 15.1% in 2025). Pre-employment hair test positivity for marijuana increased 49.5% over the past five years (10.1% in 2021 vs. 15.1% in 2025). Random hair test positivity for marijuana increased 14.8% in the same period (18.3% in 2021 vs. 21.0% in 2025). Marijuana also accounted for 52.5% of hair drug positives in 2025. By comparison, overall urine drug test positivity in the general U.S. workforce slightly declined to 4.3% in 2025 from 4.4% in the prior year. The findings suggest that a sizeable minority of the American workforce uses drugs, principally marijuana, on a recurring or chronic basis. While traditional urine testing methods only capture drug use within a window of several hours or days, hair analysis provides an extended detection window that delivers a long-term history of substance use patterns over extended periods, offering insights into ongoing drug use behaviors. Source: CCH 7/14/26
Women’s pay gap is growing yet wages are also growing: Women’s weekly earnings have more than doubled since 2000, rising from $493 to approximately $1,089 in 2025, according to a recent analysis. However, the same research found that the estimated aggregate annual earnings gap between men and women still exceeded $671 billion in 2025. The research report from MyPerfectResume.com is based on Bureau of Labor Statistics (BLS) Current Population Survey data and Federal Reserve Economic Data inflation data. On the upside, those entities report that women did make progress relative to men in another area, moving from earning about 77 cents on the dollar in 2000 to roughly 82 cents in 2025 when compared to male employees. According to Jasmine Escalera, career expert at MyPerfectResume, the “dollar-value gap” is a complicated situation; for example, she explains that the estimated annual earnings gap between men and women grew from $7,696 in 2000 to $12,324 in 2025, an increase of more than 60%. The MyPerfectResume report found that since 2000, nearly 10 million more women have been participating in the full-time workforce. Escalera explains that the findings reflect how much progress women have made in both earnings and workforce participation over the last 25 years, which she says is progress worth recognizing. Source: HR Executive 7/14/26
Will anyone be able to retire? During the 2010s many retired thinking that they had enough of work. But in today’s economy, the thoughts have changed. Americans think they'll need an average of $1.2 million to retire comfortably, yet many expect to retire with less than half that amount, according to a new national survey. Rising costs, credit card debt, and competing expenses are making it difficult for workplace retirement plan participants to close the gap, the Schroders' 2026 U.S. Retirement Survey found. Just 30% of survey respondents believe they will reach the $1 million mark before retiring, while 51% expect to have less than $500,000 saved at that point, including 24% who anticipate having less than $250,000. Running out of money in retirement is a growing concern for Americans, with 81% of plan participants saying they are at least slightly worried about it. Rising everyday expenses are adding to that anxiety, as 69% believe higher healthcare, utility, insurance, and housing costs have put retirement out of reach for their generation. Those financial pressures are also affecting savings habits. 55% say competing expenses prevent them from saving 10% of their paycheck for retirement, while 33% report having more credit card debt than retirement savings. Source: EBN 7/20/26