One story stood out to me this week because the data is hard to ignore. In our latest HR Acuity research, 55% of employees said they experienced or witnessed misconduct last year, a near seven-year high. Reporting is up, which is good. But so is the volume and complexity of what employee relations teams are being asked to handle.
Welcome back to “This Week in Employee Relations,” your fast-scan digest of the employee relations headlines shaping policy, culture and compliance. Catch up in five minutes; walk into the week with the context (and the talking points) your organization expects.
Workplace Misconduct Is Rising Again, Even as Speak-Up Culture Improves
In HR Acuity’s 2025 workplace misconduct research, 55% of employees said they experienced or witnessed misconduct in 2025, up significantly from the year prior. The study also found that reporting, perceived fairness and resolution rates improved, which makes the picture more encouraging and more demanding at the same time.
➝ ER Insight: Better reporting is progress, but it is not the finish line. When volume and complexity rise together, organizations need the infrastructure to respond consistently or trust erodes fast.
Mental Health Concerns Are Moving to the Center of Workplace Litigation
Financial Post reported that employee mental health is showing up more often in workplace disputes and litigation, not only in extreme cases, but in the day-to-day friction employees experience through performance management, investigations and unresolved tension at work.
➝ ER Insight: Mental health risk is not limited to obvious misconduct. It often builds through uncertainty, poor communication and processes that drag on without clarity.
A New First Circuit Ruling Puts Useful Guardrails Around PIPs and Discrimination Claims
HR Daily Advisor reported that the First Circuit held that, in this case, a performance improvement plan on its own was not enough to support a discrimination claim because it did not materially change pay, title, duties or advancement opportunities. The court also rejected the employee’s constructive discharge argument.
➝ ER Insight: A PIP is not automatically a liability problem, but it has to be built and used carefully. If it is truly about performance, and not a disguised penalty, the documentation and structure need to show that clearly.
The Menzies Aviation Case Is a Reminder That Scheduling Decisions Can Create Religious Accommodation Risk Fast
The EEOC announced that Menzies Aviation will pay $55,000 and adopt policy and training reforms to settle a lawsuit alleging it failed to accommodate an employee’s Sabbath observance, forcing her to quit. The consent decree also requires ongoing reporting to the EEOC.
→ ER Insight: Some of the biggest employee relations risks start in decisions leaders treat as routine. Scheduling, supervision and response are exactly where consistency and judgment matter most.
We’re tracking the headlines so you can focus on what matters most: Early action, consistent resolution and a culture where everyone feels safe speaking up.
If you’re navigating these challenges, join the discussion in empowER, where ER leaders are sharing real lessons.
Stay a step ahead of every employee relations headline. Follow Deb Muller on LinkedIn for rapid-fire insights, weekly news breakdowns and insider tips straight from HR Acuity.
