12-17-2025
New Administration, New Policies
In 2025, the new administration brought about changes in priorities and policies which impacted the workplace in significant ways. Changes to federal immigration policy required employers to implement new regulations and requirements, while ensuring that bias did not impact their decision-making. An executive order directed the federal government to only recognize two sexes, male and female, and the Supreme Court allowed the State Department to issue passports with only male and female designations. The EEOC removed guidance on transgender and gender identity discrimination. Another executive order, Restoring Equality of Opportunity and Meritocracy, limited enforcement of disparate impact claims.
Impact of AI
AI and technology continue to evolve and impact hiring, workplace policies, and the practice of law. The EEOC issued guidance on wearable technology (e.g., smartwatches, medical devices) warning employers not to take adverse action against employees based on information gathered from these devices. AI “Hallucinations” continue to underscore the importance of lawyers (and everyone) checking their work and citations when using AI. The rise in deepfakes is also causing workplace challenges. AI also has impacted the job market and hiring practices, with a study showing that humans using AI in the selection process may unwittingly adopt its biases.
Return-to-Office Mandates
The landscape related to remote work continues to change. The Federal Government ended remote work, requiring employees to return to the office five days a week. Google, and other companies, tightened remote work restrictions. The use of workplace surveillance tools also is on the rise; Samsung developed a tool to help managers enforce its return-to-work policy. At EPS, we continue to work with our clients to help navigate these challenges. We have outlined the pros and cons of return-to-office mandates and provided guidance for supporting employees who are required to return to work in the office along with expert advice on how to thrive in a remote/ hybrid business model.
NLRB Changes
With the new administration, as expected, came changes to the composition of the NLRB and to federal labor policies. EPS explored the “perpetual game of tug of war” with administration changes and the impact on the NLRB. Also as expected, the NLRB rescinded enforcement memos issued during the prior administration, including related to workplace surveillance programs. The NLRB remains in limbo without a quorum as two nominees await confirmation by the Senate. In the meantime, states like New York and California attempted to fill the void at the federal level by strengthening their state labor laws and enforcement structure.
Noteworthy Decisions
Some noteworthy 2025 decisions include the Supreme Court ruling that the ADA does not cover retired employees. The Seventh Circuit affirmed a hostile work environment claim under the ADEA while the Sixth Circuit upheld an employer’s right to fire an employee who it believed lied about his disability status. The Eleventh Circuit applied the “economic reality” test in determining whether independent contractors should have been classified as employees. The Fifth Circuit found a delay in providing an accommodation could be discriminatory. The Fourth Circuit found, based on the Supreme Court’s decision in Muldrow v. St. Louis, that a job reassignment could be an adverse employment action. Finally a Texas District Court vacated EEOC guidance on sexual orientation and gender identity.
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As we look forward to the opportunities and challenges that the New Year will inevitably bring, our team at EPS wishes you and your team the very best in 2026.