Quick Hits - January 28, 2026 - American Society of Employers - ASE Staff

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Quick Hits - January 28, 2026

EEOC rescinds harassment guidance: The U.S. Equal Employment Opportunity Commission voted 2–1 to rescind its Biden-era workplace harassment guidance, which had faced nearly two years of legal and political scrutiny, particularly around provisions protecting transgender employees and those seeking abortions. The EEOC adopted the guidance in April 2024, citing developments such as the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, which held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. The guidance stated that unlawful harassment could include “outing” an employee, repeatedly and intentionally using names or pronouns inconsistent with an individual’s known gender identity and denying access to bathrooms or other sex-segregated facilities consistent with that identity. Legal experts caution employers against removing sexual orientation and gender identity from harassment policies, noting that the rescission of non-binding EEOC guidance does not significantly change federal anti-harassment law or affect state civil rights laws. Source: HR Dive 1/22/26

EEOC encourages white male employees to report discrimination: EEOC Chair Andrea Lucas called on white men to report workplace discrimination, emphasizing that federal civil rights laws protect all employees. In a post on X, Lucas asked whether white male employees or applicants have experienced discrimination based on race or sex and encouraged them to contact the EEOC to pursue potential claims. She stated that the commission remains committed to eliminating all race- and sex-based discrimination, including discrimination against white male employees. This outreach follows a recent U.S. Supreme Court decision confirming that majority-group plaintiffs are not required to meet a higher standard of proof than other employees when alleging workplace bias. Source: HR Dive 12/18/25

MSU pays $300,000 to resolve lawsuit involving professor labeled racist: Michigan State University will pay $300,000 in attorneys’ fees and damages to settle a lawsuit brought by Professor Jack Lipton against two university trustees who referred to him as “racist” after he used the term “mob rule.” According to settlement documents, trustees Dennis Denno and Rema Vassar worked with students to encourage complaints against Lipton, including advising students to publicly label him racist. The lawsuit alleges the trustees collaborated with student groups to attack Lipton in the media, post defamatory statements on social media, and file complaints with the university’s civil rights office and external accrediting body. The settlement resolves the claims without admission of wrongdoing. Source: The College Fix 1/20/26

Soft skills gain importance in the AI era: As AI plays a growing role in benefits administration and employee support, many HR leaders are using virtual assistants to handle routine questions, a trend expected to continue across industries. With many platforms now offering AI features at no additional cost, organizations must ensure employees are trained and aware of these tools. As AI automates technical tasks and streamlines decision-making, soft skills such as emotional intelligence, adaptability, communication, collaboration, and critical thinking are becoming increasingly valuable. Employers are shifting hiring priorities to focus not only on technical knowledge, but also on how individuals connect, lead, and respond to change, as these human skills increasingly define workplace effectiveness. Source: EBN 12/29/25

New “Know Your Rights” notice requirement in California: California Senate Bill 294, known as the Workplace Know Your Rights Act, establishes new annual notice requirements and obligations related to employee arrests or detentions. Beginning February 1, 2026, California employers must provide employees each year with a written notice outlining specific workplace rights, using the most current version of the Labor Commissioner’s model notice and providing it in a language employees understand. The law also requires employers to notify an employee’s designated emergency contact if the employee is arrested or detained at the worksite, or offsite during work hours if the employer has actual knowledge of the incident. To support this requirement, employers must allow employees, by March 30, 2026, to indicate whether their emergency contact should be notified in such situations. Source: Jackson Lewis 1/6/25

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