Kutak Rock partners Kasey Cappellano and Meaghan Gandy recently authored the article, "Handbook Hot Topics: Back to Basics After Admin Change," for Law360. This article, part of a bimonthly column on trending employee handbook issues, discusses key considerations in drafting and updating employee handbooks in light of recent changes in the administration and evolving state-level employment laws.

Kasey and Meaghan emphasize the importance of maintaining an up-to-date handbook to ensure compliance with current laws and mitigate employer liability. They highlight how federal executive orders, particularly those affecting affirmative action policies, may require employers—especially federal contractors—to revise their handbook provisions. Additionally, they caution all private employers to carefully review policies to avoid language that could be interpreted as favoring certain groups based on protected characteristics.

The article also explores the importance of properly drafted policies to limit liability, including anti-discrimination, anti-harassment, and accommodation policies. By establishing clear reporting procedures and ensuring employees are aware of their rights, employers can strengthen their legal defenses against claims related to workplace misconduct.
The authors also discuss common handbook pitfalls, such as outdated policies, overly rigid disciplinary procedures, and language that may inadvertently create implied contracts. They underscore the importance of tailoring policies to comply with state-specific laws, particularly for employers with a multi-state workforce.

Read the full article here.

Kasey has significant experience litigating cases, as well as obtaining summary judgement on discrimination, harassment and retaliation claims, involving: Title VII, The Family Medical Leave Act (“FMLA”), The Americans with Disabilities Act (“ADA”), The Age Discrimination in Employment Act (“ADEA”) and State anti-discrimination laws. She has successfully defended employers against charges of discrimination, harassment and retaliation filed with federal, state and local administrative agencies as well as against charges filed with the National Labor Relations Board. She also specializes in drafting, analyzing and litigating restrictive covenants and employment handbooks and policies. 

Meaghan represents employers in all stages of employment litigation in state and federal courts as well as arbitration. She has a high degree of success in obtaining summary judgment and has represented clients in courts across the country. Meaghan’s litigation experience includes matters asserted under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, as well as similar state laws. Meaghan also advises employers on day-to-day employment issues, assists employers in conducting workplace investigations, and focuses on drafting employment handbooks and policies for employers complaint with federal and state laws.