HR Law in 2026, Managing Risk in a Workplace That Will Not Sit Still

HR law today goes beyond technical compliance. It requires organizations to navigate legal risk alongside culture, credibility, and constant change. 

According to Brian Gottheil, Lawyer and Director of Training and Transformation at Bernardi Law, several issues are creating heightened confusion and exposure for employers in 2026. 

Return to Office and Accommodation Tensions

Return to office mandates continue to generate legal and operational strain. 

HR teams are navigating an increase in human rights accommodation requests tied to remote work. The legal framework for accommodation remains the same, but the context has shifted. 

When is accommodation required, and when is it preference? How should organizations manage resentment when some employees receive flexibility and others do not? These decisions carry legal implications, but they also shape trust and morale. 

Persistent Legal Uncertainty

Other risks remain active beneath the surface. 

Termination clauses in employment contracts are still subject to legal uncertainty. New Employment Standards Act requirements for job postings and recruitment may not yet be fully understood or implemented. Workplace harassment complaints continue to challenge employers, especially as expectations around psychological safety rise. 

In many cases, risk stems not from intentional noncompliance, but from relying on outdated assumptions in a fast-changing environment. 

Where HR and Legal Can Diverge

Misalignment between HR and legal typically arises from perspective. 

Legal counsel focuses on defensibility and risk mitigation. HR sees the human impact of every decision. When these lenses are not integrated, outcomes can feel either overly legalistic or insufficiently cautious. 

Strong organizations strike a balance. They protect the organization while striving to do the right thing for people. That balance depends on partnership, shared context, and ongoing conversation. 

AI is Changing the Landscape

Artificial intelligence is rapidly reshaping HR law discussions. 

Employers are seeing grievances drafted with AI assistance. Candidates may use AI during interviews. Courts are beginning to grapple with whether AI prompts could be discoverable in litigation. AI is also influencing workplace investigations and evidence gathering. 

The law will evolve, but it will lag behind technology. In the meantime, HR and legal must apply existing frameworks to entirely new realities. 

Why Dialogue Matters Now

Across all of these issues, the greatest risks often sit in gray areas, not clear violations. 

That is why industry wide conversations have become increasingly important. Events such as the HRPA HR Law Conference reflect the growing recognition that HR professionals and legal leaders must come together to unpack emerging risks, challenge assumptions, and interpret the law in context.