Marcia Washkuhn, a partner at Kutak Rock and leader of the firm’s national employment practice group, recently contributed to a Midlands Business Journal article examining how Nebraska employers should respond as federal agencies withdraw guidance and shift enforcement priorities. Marcia emphasized that volatility, not relief, defines the current compliance environment.

She noted that leadership changes, shifting directives and internal agency turnover are creating unpredictable enforcement patterns. In her experience the strength of a matter does not always dictate how aggressively an agency will proceed, as they “have certain agenda items they’ve been directed to pursue.” Her message to employers is clear: changing agency posture does not reduce statutory obligations.

In the evolving DEI landscape, Marcia advises employers to focus on substance rather than labels. Rebranding an initiative is not a compliance strategy. She encourages businesses to carefully review written DEI plans and polices for language that could be interpreted as using protected characteristics in employment decisions to ensure inclusion efforts are grounded in legitimate business objectives and to confirm that affinity groups are open and not exclusionary. Manager training is critical. “You need to be training managers in particular to ensure they understand they can’t have conversations that consider those kinds of characteristics,” she said.

Marcia also addressed ongoing confusion employers have surrounding the Pregnant Workers Fairness Act. Many common accommodations, such as water access, additional restroom breaks, or the ability to alternate sitting and standing almost always should be granted. For others, employers are obligated to engage in the interactive process.  Failing to do so before denying a request or choosing an alternative option over the accommodation requested by the employee can result in a legal violation.

Immigration compliance remains an area of heightened risk. Marcia reinforced that employers must proactively monitor work authorization status rather than waiting for an audit. She also cautioned employers not to underestimate compliance obligations for remote workers in other states and the potential risks associated with employees using web-based AI tools that may expose confidential information. Her advice in the uncertain climate is straightforward: “Hire counsel at the outset.”

Marcia achieves favorable results for her clients in litigation and arbitration matters through thoughtful pre-trial motion practice, deliberative trial tactics and creative dispute resolution strategies. Clients rely on Marcia’s substantial expertise to guide them through challenging and complex employment law issues, with the goal of avoiding litigation, but knowing she will successfully defend them if litigation is inevitable.