Among the challenges facing HR as organizations head into 2026 is a dynamic landscape that is driving up the risk for litigation. For instance, a Supreme Court decision earlier this year changed the threshold for ERISA lawsuits, paving the way for suits against major employers like JPMorgan Chase and Wells Fargo. At the same time, the influence of AI over employment decision-making is expected to enhance legal risk, while ongoing federal changes are quickly reshaping compliance.

When high-profile suits are filed, it not only puts the organization at risk of reputational and financial damage, experts say, but also spotlights already-existing