HR In Five

The daily five-minute brief on the business of HR.

Daily brief · 5 min
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The day's stories

01

EEOC Rescission of Uniform Guidelines Reaches White House

Bloomberg Law reports the EEOC's final rule withdrawing its long-standing hiring-selection guidance is under White House review — the framework employers use to validate selection tests.

The Equal Employment Opportunity Commission's plan to roll back guidance addressing unintentional discrimination in employer hiring and selection procedures is now under White House review, according to Bloomberg Law. The final rule would rescind guidance employers have used for decades to validate hiring tests and selection procedures, including adverse-impact analysis. If the rescission clears review, validation practice would be left to be defended under statute and case law rather than the federal framework. Timing and the rule's final text have not been confirmed.

02

Supreme Court Declines Case on Fired NLRB Member

The justices turned away a Democratic appointee's challenge to her removal by President Trump, leaving the firing in place without a ruling on its legality.

Full story

The U.S. Supreme Court declined on Monday to hear a bid by a Democratic-appointed member of the National Labor Relations Board challenging the legality of her firing by President Donald Trump, according to reports in the Maryland Daily Record and other outlets. The justices turned the case away without ruling on whether the removal was lawful, which leaves it in place. Per that posture, employers should expect continued uncertainty over NLRB composition and quorum while board-level decisions and case processing proceed.

03

Catholic Nonprofit Must Face Same-Sex Spouse Benefits Suit

A split panel held that no statute the employer invoked fully immunizes all employment decisions by religious employers involving nonministerial employees, per HR Dive.

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A Catholic nonprofit must face a lawsuit challenging its termination of benefits for an employee's same-sex spouse, HR Dive reports. A split panel held that no statute the employer invoked fully immunizes all employment decisions by religious employers involving employees in nonministerial roles. Per the panel, the religious-employer defenses raised do not categorically cover employment decisions about nonministerial staff. That leaves faith-based employers' benefit-plan terms exposed to discrimination claims unless the ruling is revisited on further review.

04

Accenture Disputes Reported $1,000 Employee AI Spending Cap

HR Grapevine USA reports Accenture contests figures describing a small monthly AI allowance per employee, raising the question of who funds heavy AI use in a rollout.

Full story

Accenture has disputed reports of a monthly AI spending cap of roughly $1,000 per employee, according to HR Grapevine USA. The reported per-employee figures are contested by the company and remain unconfirmed. HR Grapevine frames the episode as a wider challenge for employers: encouraging AI adoption while defining who gets access and how additional use is funded. For anyone running an AI rollout, the open questions are what a reasonable monthly allowance looks like and whether heavy use is funded centrally or by the business unit.

Also moving today

  • BSNF Railway Sued by EEOC Over Disabled Worker's Tool Request news.bloomberglaw.com
  • Wizards of the Coast declines to voluntarily recognize D&D and Studio X union drive GamesIndustry.biz
  • EAT: HR’s involvement in dismissal does not always mean unfair Personnel Today
  • Permanent daylight time splits Canada’s clocks for national employers HRD Canada
  • What are the most common payroll errors in workplaces? HRD Canada
Read the transcript
Welcome in, today is Tuesday, October twentieth, and we begin with Bloomberg Law's report that the EEOC's rollback of its hiring-test guidance has landed at the White House. Bloomberg Law reports the Equal Employment Opportunity Commission's final rule rescinding the nineteen seventy-eight Uniform Guidelines on Employee Selection Procedures went to the White House Office of Information and Regulatory Affairs for review on October sixteenth. Per that reporting, those guidelines are what have told employers whether their hiring tests and selection practices were lawful under Title Seven of the nineteen sixty-four Civil Rights Act. Clear the review, and the framework employers have used for decades to validate selection procedures, adverse-impact analysis included, comes out of the federal rulebook, leaving validation to be defended under statute and case law instead. The same reporting places the rescission within the administration's broader rejection of disparate impact. Reaction among employment-law and HR practitioners leans cautious rather than relieved. A recurring view is that pulling the guidance changes neither the underlying statute nor state-level exposure, so loosening test validation or background screening on the strength of it would be premature. Also today, the Supreme Court has left in place the firing of a National Labor Relations Board member. Reuters reports the justices on Monday declined to hear former board member Gwynne Wilcox's appeal of her January twenty twenty-five removal by President Trump. Per that reporting, the D.C. Circuit ruled two to one last December that the firing was a valid exercise of executive authority, reversing a district court that had upheld the statute's for-cause protection. The refusal leaves the removal standing with no ruling on its legality, so board composition stays a live question for employers with matters in the pipeline. Wilcox said in a statement she was disappointed by the decision. The Justice Department declined to comment. That reporting ties the move to the Court's June ruling backing the removal of FTC member Rebecca Slaughter, which overturned the nineteen thirty-five Humphrey's Executor precedent. Legal-practitioner reaction leans toward reading the refusal as confirmation that the earlier ruling was not confined to one agency. The Washington Sun reports Wilcox's firing had eliminated the board's quorum and stalled scores of labor cases, with the quorum restored in December after the Senate confirmed two Trump nominees. Separately, HR Dive reports a split panel has held that a Catholic nonprofit must face a lawsuit challenging its termination of benefits for an employee's same-sex spouse. Per that reporting, the panel found that no statute the employer invoked fully immunizes all employment decisions by religious employers involving staff in nonministerial roles. On that holding, benefit-plan terms at faith-based employers stay exposed to discrimination claims unless the ruling is revisited on further review. Religious-liberty advocates' reaction leans toward framing the decision as one front in a wider litigation wave against faith-based nonprofits rather than a single employment dispute. Now, to the cost of AI rollouts. HR Grapevine USA reports Accenture disputes a claim that it capped employee AI spending, amid reports of roughly one thousand dollars in monthly bills per employee. That account is a brief one, and it frames the live question for employers as encouraging adoption while defining who gets access and how heavier use is funded. Practitioner reaction leans toward treating a flat per-head allowance as a blunt instrument, since a cap cannot tell the migration a team had been deferring from routine document work, and a recurring argument is that the real gap is attributing outcomes to spend at all. Now, a few more headlines moving the trade today. Bloomberg Law reports the EEOC has sued BNSF Railway, alleging it fired a new laborer with a genetic connective tissue disorder after he asked to use a smaller tool during field training. GamesIndustry.biz reports Wizards of the Coast has declined to voluntarily recognize a union drive by its Dungeons and Dragons and Studio X teams, sending it to an NLRB election instead. Personnel Today reports the Employment Appeal Tribunal has held that HR's involvement in a dismissal does not make that dismissal automatically unfair. HRD Canada reports British Columbia, Manitoba and parts of Ontario stop changing their clocks on November first, leaving national employers with shifting time gaps. And finally, an EY analysis puts the annual cost of common payroll errors at two hundred eighty-nine thousand, seven hundred twenty-two dollars per thousand employees, according to HRD Canada.