Written by Ava Lombardi from Lexology PRO on Nov 13, 2025
The American Bar Association’s (ABA) 19th Annual Labor and Employment Law Conference took place in Denver, Colorado, last week. In-house counsel and private attorneys shared their perspectives on this year’s most pressing employment law challenges and emerging legal trends.
Lexology PRO provides an overview of the standout discussions from the event.
Employment discrimination and protected activity
Panellists highlighted the impact of the US Supreme Court’s June 2025 ruling in Ames v Ohio Department of Youth Services, which held that majority group plaintiffs do not need to show “background circumstances” when bringing claims under Title VII of the Civil Rights Act 1964. They said this decision will likely strengthen diversity, equity and inclusion (DEI) discrimination cases.
Panellists continued to note DEI-related challenges for employers under US President Donald Trump’s administration, explaining that alignment with federal Title VII guidance may conflict with state and local gender identity protections.
Tension can also exist between Title VII and the National Labor Relations Act 1935. Distinguishing protected concerted activity from conduct that may be considered workplace harassment can be challenging, the panellists said, adding that employers should assess these instances on a case-by-case basis.
OSH enforcement, immigration raids
Panellists broke down the various avenues that employees may take to bring claims under the federal Occupational Safety and Health Act 1970, as well as existing and potential state laws. They urged employers to watch for state efforts to strengthen their own workplace safety legislation as federal enforcement of OSH laws decreases.
Employers should also consider implementing law enforcement response plans amid a rise in workplace immigration raids, panellists said. A key starting point is training all employees on how to interact with federal agents and whom to contact if a raid occurs.
Response plans should clearly define “public” and “private” areas within the workplace, panellists continued, encouraging employers to instruct their staff to record instances of workplace law enforcement.
Trends in litigation and AI
The US Supreme Court’s 2024 decision in Loper Bright Enterprises v Raimondo has impacted Fair Labor Standards Act 1938 cases by affirming judicial authority over statutory interpretation, panellists said. They emphasised that the authority of the US Department of Labor and other federal agencies is limited, and that “guardrails” will continue to emerge through Loper analysis.
Another emerging trend that was discussed during the annual conference was the use of “robot bosses,” or any technology deployed by a company to monitor workers’ movements or automate shift scheduling, among other things.
While robot bosses remain largely unregulated, the panellists stressed the importance of weighing business needs against company values. In-house counsel can play a critical role in assessing the disparate impact of these tools and setting tolerance thresholds.
