Ablin Law PC

Ablin Law PC Ablin Law specializes in providing employers and law firms with expert, professional and confidential workplace investigation solutions.

What happens to your internal investigation when law enforcement is already involved?Many companies make the mistake of ...
10/01/2026

What happens to your internal investigation when law enforcement is already involved?

Many companies make the mistake of stepping back — assuming the authorities have it covered. But your obligations don't pause just because federal or state investigators are on the scene.

From Upjohn Warnings to confidentiality protections to maintaining an independent, objective investigation team, there's a lot your company still needs to get right.

I break it all down in this blog post — including when companies are legally required to report misconduct in the first place.

https://ablinlaw.com/articles/2016/12/21/conducting-internal-investigations-when-law-enforcement-is-involved/

When law enforcement is involved in workplace misconduct claims, employers still need a prompt, fair internal investigation. Learn the key legal considerations.

The Pregnant Workers Fairness Act is now in full enforcement mode — and the EEOC's recent cases send a clear message to ...
09/30/2026

The Pregnant Workers Fairness Act is now in full enforcement mode — and the EEOC's recent cases send a clear message to employers who aren't paying attention.

The EEOC received 2,729 charges of discrimination alleging violations of the PWFA in fiscal year 2024 alone, and enforcement actions have focused on some of the most basic failures: refusing to let pregnant employees sit, take short breaks, or modify their hours, and immediately placing workers on unpaid leave instead of engaging in the interactive accommodation process.

Real-world settlements show what's at stake. One employer paid $100,000 after terminating a pregnant worker who requested time off to recover from a stillbirth. Another paid $35,000 after firing an employee on the very same day she requested pregnancy accommodations.

What makes the PWFA different from prior law? PWFA protections extend to conditions that may not qualify as disabilities under the ADA — and many common-sense adjustments, such as allowing more frequent restroom breaks or preferential parking, should be provided without requiring medical documentation.

Pregnancy accommodation is no longer just a matter of good HR practice — it's a legal obligation with real financial consequences. If your policies, training programs, and accommodation procedures haven't been updated to reflect the PWFA, now is the time.

https://ogletree.com/insights-resources/blog-posts/where-the-pwfa-stands-today-key-legal-lessons-for-employers/

March is Women’s History Month, lending itself to a review of the lessons learned over the last three years since enactment of the Pregnant Workers Fairness Act (PWFA). While the guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides some insight, employers regularly face a...

Is your investigation process accidentally creating retaliation risk?Most employers focus on gathering facts — but the h...
09/29/2026

Is your investigation process accidentally creating retaliation risk?

Most employers focus on gathering facts — but the how matters just as much as the what when it comes to protecting witnesses and avoiding legal exposure.

From interview order to investigator demeanor to pausing performance reviews, the structural choices you make during an investigation can either protect your company or create significant liability.

In this blog post, I walk through the key steps employers should take to prevent witness intimidation and retaliation claims — before, during, and after interviews.

https://ablinlaw.com/articles/2017/01/26/preempting-witness-intimidation-or-retaliation/

Preempting Witness Intimidation or Retaliation Jan 26, 2017 When employers receive claims of workplace misconduct, it's critical to conduct investigations that are full, fair and thorough, and to take remedial measures as appropriate at the conclusion of the investigation. However, it's equally impo...

Age discrimination at work isn't declining — and the data in 2026 makes that impossible to ignore.About two-thirds of wo...
09/28/2026

Age discrimination at work isn't declining — and the data in 2026 makes that impossible to ignore.

About two-thirds of workers age 50 and older — 64% — report having seen or experienced age discrimination in the workplace, a proportion that has not changed since 2024. And 22% say they feel like they are being pushed out of their job because of their age.

The bias often shows up in subtle but legally significant ways. AARP's new survey finds that workers frequently experience age discrimination, including being assumed to be less tech-savvy, not being acknowledged for accomplishments or expertise, being made fun of for different generations, and being given preference to younger employees for training opportunities.

And the legal consequences for employers are rising. In 2024, the EEOC received 16,223 charges of age discrimination — an increase from 14,144 charges in 2023 and 11,500 in 2022 — a trend that shows no signs of slowing.

Under the Age Discrimination in Employment Act, these behaviors aren't just bad management — they can be illegal. Whether it's a layoff that disproportionately impacts workers over 40, a promotion passed over, or a training opportunity denied, employers face real legal liability. Now is the time to audit your policies, review your training programs, and make sure your managers know where the legal lines are.

https://www.aarp.org/work/age-discrimination/age-bias-survey-2026/

A new AARP survey finds persistent age discrimination

Religious accommodation requests are on the rise — and the rules changed significantly with the Supreme Court's Groff v....
09/25/2026

Religious accommodation requests are on the rise — and the rules changed significantly with the Supreme Court's Groff v. DeJoy decision. Is your organization keeping up?

Before Groff, employers could reject a religious accommodation request if it caused more than a "de minimis" cost — a relatively easy standard to meet. The Supreme Court explicitly rejected that test. Now, employers must demonstrate that a requested accommodation would impose substantial increased costs in relation to their particular business.

Here's what many employers are still getting wrong: the ruling does not permit blanket denials without individualized review — each request must still be considered on its own merits through a genuine interactive process, and employers may not rely on broad assumptions about inconvenience or hypothetical burdens.

Common accommodation requests include flexible scheduling for religious observances, exceptions to dress and grooming requirements, and time off for religious holidays. Failure to accommodate can result in discrimination liability, while poorly handled accommodations may conflict with other employees' rights — making clear policies and manager training essential for navigating this balance.

If your managers don't know how to respond when an employee requests a religious accommodation, that's a gap your organization can't afford.

https://www.airdowerwas.com/blog/2025/december/what-employers-should-know-about-the-evolving-la/

Under Title VII, employers must provide a “reasonable accommodate” sincerely held religious beliefs, unless doing so would impose an “undue hardship” on the conduct of their business.

When's the last time your employees actually read your handbook, not just signed an acknowledgment form?Having a policy ...
09/24/2026

When's the last time your employees actually read your handbook, not just signed an acknowledgment form?

Having a policy manual is one thing. Having employees who understand it, and a culture that enforces it consistently, is another.

In this blog post, I walk through what strong employee policies should include, why distribution and training are non-negotiable, and how setting clear boundaries upfront can significantly reduce your exposure to costly investigations down the line.

How confident are you in your current policies?

Read the full post:

https://ablinlaw.com/articles/2017/02/23/preventing-issues-requiring-investigations-starts-with-strong-employee-policies/

Preventing Issues Requiring Investigations Starts With Strong Employee Policies Feb 23, 2017 When you have an allegation of misconduct in the workplace, it's critical to investigate it fully, fairly and in a timely manner. However, if there's one universal truth among HR professionals and company ma...

Out of the office doesn't mean out of reach of harassment and discrimination law — and many employers are dangerously un...
09/23/2026

Out of the office doesn't mean out of reach of harassment and discrimination law — and many employers are dangerously unprepared for what that means.

When employees transitioned en masse to remote work environments, so too did workplace harassment. Studies show that 25% of employees reported experiencing more gender-based harassment when working remotely, 10% reported increased race or ethnicity-based harassment, and 23% of employees over age 50 reported an uptick in age-based harassment.

Why does remote work create more risk? Employees may feel less accountable for their behavior in a remote environment, online communications become more casual and less civil, and employees mistakenly believe that the usual workplace policies and behavior expectations don't apply outside the walls of a worksite.

The legal reality is clear: employers have an obligation to comply with state and federal anti-discrimination and anti-harassment laws regardless of whether their employees are working in an office or remotely from home, and employers may be responsible for harassment, discrimination, and retaliation committed through virtual forms of communication like video conferencing, instant messaging, and email.

If your harassment policies, investigation procedures, and training programs haven't been updated to address your remote or hybrid workforce, there's a gap in your legal protection. Let's connect and close it.

https://everfi.com/blog/workplace-training/preventing-harassment-and-discrimination-in-a-remote-or-hybrid-workplace/

Preventing harassment and discrimination in remote and hybrid workplaces, online harassment risks, state training mandates and digital training. Learn more.

Is your organization's investigation process built to withstand scrutiny — or just to check a box?Even companies with fo...
09/22/2026

Is your organization's investigation process built to withstand scrutiny — or just to check a box?

Even companies with formal reporting procedures in place often stumble during the actual investigation. Three of the most common (and avoidable) errors:

→ Diving in without a plan — no clear lead investigator, no list of witnesses, no process for following up on new leads
→ Bad timing — moving too slowly (or dragging things out) sends the message that the issue isn't a priority
→ Promising confidentiality you can't deliver — a well-meaning assurance that can backfire fast

The cost of getting it wrong isn't just time and resources — it's potential legal exposure and lasting reputational harm.

How does your organization's investigation process measure up? Read this blog post.

https://ablinlaw.com/articles/2017/03/23/the-cost-of-early-investigation-errors/

The Cost of Early Investigation Errors Mar 23, 2017 The possibility of errors is present in every employment investigation; after all, as long as there is human involvement in any way, errors are possible. Employers need to be mindful of that risk, and take deliberate action to limit errors as much....

AI is screening your next hire — but is it doing so legally?In 2024 alone, AI-powered hiring tools processed over 30 mil...
09/21/2026

AI is screening your next hire — but is it doing so legally?

In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. And the legal landscape is catching up fast.

A growing wave of state laws is now targeting "algorithmic discrimination" — including both intentional discrimination and disparate impact — with Illinois, Colorado, California, and New York City all imposing specific requirements on employers who use AI in employment decisions.

Here's what makes this especially important for employers to understand: the EEOC has made clear that employers remain fully responsible under Title VII when AI-driven tools produce discriminatory outcomes — and if an algorithm results in a disparate impact on protected classes, liability attaches regardless of whether the tool was internally developed or procured from a third-party vendor.

Using AI to hire, promote, or manage employees isn't just an HR decision anymore — it's a legal one. If your organization relies on automated tools for any employment decision, your policies and training programs need to reflect that reality.

https://www.harrisbeachmurtha.com/insights/ai-assisted-hiring-in-2026-managing-discrimination-risk/

Learn how employers can reduce discrimination risk when using AI-assisted hiring tools in 2026 with legal guidance.

Is your organization posting salary ranges on job listings? In many states, it's no longer optional — it's the law.By ea...
09/18/2026

Is your organization posting salary ranges on job listings? In many states, it's no longer optional — it's the law.

By early 2026, approximately half of the U.S. workforce will be subject to some form of salary disclosure requirement, covering over 60 million workers across more than a dozen states. And the trend is only accelerating.

Most pay transparency laws require employers to disclose wage or salary ranges in job postings or at an applicant's request — and some requirements now extend to internal opportunities such as promotions or transfers, reflecting an emphasis on transparency throughout the entire employment lifecycle.

Here's what makes this especially important from a discrimination standpoint: pay transparency laws support the principle that employees should be paid equally for performing similar work, regardless of gender, race, or other factors that have historically led to wage discrimination — and when employers disclose pay scales, it makes compensation disparities much harder to hide.

Non-compliance carries real consequences. Penalties range from modest fines to substantial penalties and, in some cases, private class action lawsuits.

https://www.jacksonlewis.com/insights/navigating-2026-pay-transparency-laws-and-employer-obligations

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