12-11-2024
In 2024, we had glimmers of stability – putting the worst of the pandemic behind us, settling into new patterns of work. And yet, the past year was not without significant challenges. A contentious election cycle is now behind us, and most organizations have largely come to terms with some kind of stable working environment – be that fully on-site, fully remote, or a hybrid mix. Still, as we begin to contemplate a new year, we know that 2025 will again present its opportunities and its challenges.
In the past year, the lasting effects of the COVID-19 pandemic continued to influence workplaces and employers weighed how flexible they would allow their employees to be in terms of their on-site work requirements. Many companies are still hiring for fully remote jobs,[1] while others, including Amazon,[2] determined that the need to strengthen their culture and their teams required a full-time, in-office policy. It remains to be seen whether Amazon’s policy will stick and it is clear that employees favor at least some flexibility in their working arrangements. As the tension around hybrid work continues, we provided employers with 5 Keys to Hybrid Workplace Model Success and explored solutions for the challenges employers continue to face, largely based on the issues and feedback we encounter in our investigations of workplace complaints.
In compliance news in 2024, the EEOC weighed in on the move to hybrid work with their Strategic Enforcement Plan for Years 2024-2028. We examined the enforcement guidance and how harassment in a virtual work environment – cyberbullying, inappropriate comments and jokes in virtual meetings or messaging channels, unwanted visual content, and exclusion and isolation – can contribute to a hostile work environment. We also provided employers with guidance on addressing these issues through training, leadership, and transparent communication. In addition, we examined the EEOC’s reinforcement of prompt and adequate investigations and in an effort to share our almost 30 years of investigations experience, we introduced two public, interactive, on-demand courses to assist investigators in honing their skills.
Two other regulatory updates of note to employers in 2024 include an update on non-compete agreements, and we examined the April 2024 Supreme Court decision in Muldrow v. The City of St. Louis, Missouri that may impact the standard of “harm” under Title VII – especially as it relates to the risks associated with lateral transfers.
As we look to 2025, the challenge of employee mental health and post-election tensions will both likely linger in the workplace. In addition, the use of artificial intelligence will continue to increase rapidly across human resources platforms and employers will need to carefully consider the risks of implementing AI into the human resources function.
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 2025.