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This Week in Employee Relations: Feb. 7-13, 2026 | HR Acuity  

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A week that tested systems of trust. Not just what leaders decide, but how they explain it, document it, and quantify the impact when trust erodes. The fault lines showed up in retaliation verdicts, privacy gray areas, and how organizations are beginning to measure ER risk in business terms.

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.

📈 HR Acuity introduces Trust & Risk Statement to quantify ER impact

CHRO First covers HR Acuity’s new Trust & Risk Statement, a framework designed to translate Employee Relations activity into measurable business risk and trust impact, helping organizations move beyond case counts to financial and cultural exposure insights.

➝ ER Insight: ER has always carried financial and reputational consequences. Most organizations just haven’t quantified them. If you cannot articulate your ER exposure in business terms, you are leaving leadership to guess at the risk. Trust is not soft. It is measurable. And unmanaged trust erosion becomes very expensive.

❗EEOC signals a tougher stance on “reverse bias” in 2026

HR Dive reports attorneys expect a more assertive EEOC posture on majority-group discrimination, with increased scrutiny of employer DEI-related decisions and messaging.

➝ ER Insight: If your programs rely on informal criteria or inconsistent manager language, you’re creating avoidable exposure. Tighten your documentation, align your managers, and read your decisions the way a regulator would. If it doesn’t hold up on paper, it won’t hold up anywhere.

💰 Jury awards over $5M in retaliation verdict against employer

A Utah jury found an employer retaliated against an HR benefits generalist after she raised concerns and participated in a colleague’s harassment and discrimination complaint, awarding $75,000 in noneconomic damages and $5M in punitive damages.

➝ ER Insight: Retaliation is the fastest way to turn a manageable concern into a headline and a check with a lot of zeros. ER leaders should treat post-complaint decisions like high-stakes moments: tighter documentation, tighter review, fewer “just this once” exceptions.

⏺️ Workplace recordings are getting easier and riskier

A legal analysis explores how employee recordings intersect with state consent laws, privacy expectations, and NLRA protections. There’s no blanket right to record and there’s also no blanket right to prohibit it. Restrictions are evaluated case by case.

➝ ER Insight: Write policies assuming someone will test them. Blanket bans don’t hold up. Train your managers for composure, not control. And have a clear protocol for when a recording shows up because eventually, one will.


We’re tracking the headlines and contributing to them. The through line is consistent: ER is no longer just about resolution. It is about measurable trust, documented fairness, and risk translated into business language.

If you’re thinking about how to quantify ER exposure, manage retaliation risk, or navigate recording gray areas, join the discussion in empowER where ER leaders are sharing what this looks like in practice.

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.