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2023 Human Resources and Employment Law Highlights

As 2023 comes to a close, we are reflecting on key developments in employment law and human resources trends and challenges. The year was characterized by a heightened focus on remote and hybrid work models, enhanced investigation protocols, evolving leadership practices, the challenges of maintaining momentum in DEIB efforts, and responding to anti-LGBTQ+ legislation. As we move into the new year, organizations will continue to navigate these evolving challenges while adapting to the changing needs and expectations of the workforce and the regulatory landscape.

While 2023 saw a rise in complaints related to harassment, discrimination, and workplace misconduct, an increasing awareness of common investigation pitfalls promoted many employers to consider outside investigators to provide thorough, impartial, and timely investigations. Selecting a well-trained investigator who understands the importance of confidentiality, the investigative process, documentation, and employment law remains critical. During the past year, EPS continued to follow the evolution of Title IX in its 50th anniversary year and to provide investigations for colleges, universities, and other institutions subject to the legislation.

In 2023, the landscape of workplace training continued to evolve. Our expanded training programs include not only compliance-focused topics like anti-harassment and anti-discrimination but also  addressing unconscious bias, microaggressions, allyship, and barriers to inclusion. Remote work remained prevalent in many industries leading to an increase in on-demand training. The EEOC provided employers with a “Chart of Risk Factors for Harassment and Responsive Strategies” that emphasized how customized training is key in responding to those issues. The EEOC also issued two publications on the agency’s enforcement priorities in the upcoming year and its position on workplace harassment issues moving forward, making the strong case for rebooting and customizing upcoming training initiatives.

Leadership and management practices continued to adapt to the changing work landscape. The adjustments brought on as a result of the COVID-19 pandemic continued to create on-going shifts and disruptions within organizations challenging leaders to navigate the best path forward. The shift towards hybrid and remote work models posed challenges for leaders in maintaining team cohesion, communication, and productivity. Effective leadership in remote settings became even more critical, requiring managers to develop skills in virtual team management, fostering employee engagement, and promoting mental health and work-life balance. At EPS, we continued to innovate our approach to leadership development by coupling tailored leadership coaching sessions with a multi-rater feedback tool that allows leaders to receive anonymous evaluations from a range of co-workers to identify themes and opportunities for improvement and to assist in the development of an action plan.

Attracting and retaining a wide range of the best candidates remains a challenge. Ensuring that individuals with disabilities have equal access to the workplace is a key consideration. Providing workplace accommodations is both a legal requirement and smart business as is understanding the hurdles and facilitating disability disclosure within organizations. Lastly, 2023 saw various state legislatures consider a substantial number of new laws that would restrict the LGBTQ+ community’s rights. We provided employers guidance on how to attract a wider talent pool that includes the LGBTQ+ community.

As we look forward to the opportunities that the New Year will inevitably bring, our team at EPS wishes you and your team the very best in 2024.