HR Employment Law Basics: Accommodations, WARN and Testing

HR employment law basics cover accommodation duties, the WARN Act's 60-day layoff notice and state limits on cannabis testing. Learn them.

By Cosby Khosa · Published 24 October 2026

HR Employment Law Basics: Accommodations, WARN and Testing

Key takeaways

Tulane’s explainer covers accommodation duties under the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the ADA and religious accommodation rules.
The WARN Act requires 60 days’ notice for layoffs by larger employers.
Some states limit cannabis testing.
Use written processes, trained managers and good records, and check state law.

HR employment law basics start with a few big ideas: employers must accommodate certain needs, give notice before large layoffs and follow state rules on testing. An explainer from Tulane University’s online law programme, published around 3 October 2026, covers these topics. It looks at accommodation duties under the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the Americans with Disabilities Act and religious accommodation rules.

It also explains the WARN Act’s 60-day notice for layoffs by larger employers, and notes that some states limit cannabis testing.

This article explains each topic in plain language, using the explainer as a guide. It is based on a search extract, so it keeps to what the extract stated and adds only widely known general background, which is marked as such. It covers US law and is general information, not legal advice. Check current rules before acting.

Why HR employment law basics matter to every HR professional

Employment law can seem like a maze, but HR employment law basics give you a map. If you know the main duties, you can spot problems early and ask the right questions.

The Tulane explainer on HR employment law basics is aimed at HR professionals who need to stay compliant. It picks out topics where mistakes are common and costly: accommodations, mass layoffs and drug testing. Each involves moments when people are vulnerable, such as pregnancy, illness, religious practice or job loss. How an employer acts in those moments matters greatly.

Knowing the HR employment law basics also helps you treat people well. Many legal duties reflect good management. Listening to an employee’s needs, giving fair notice and testing only when justified are signs of respect.

The rules differ by employer size, state and situation. A small employer may not be covered by some federal laws, while a state law may fill the gap. That is why general knowledge must be paired with local checks.

Think of the basics as a starting kit. They will not replace legal advice, but they will help you know when to ask for it. For wider HR practice, Workhuman’s guide on OneCareer is a useful companion.

Accommodation duties under the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act

The explainer covers accommodation duties for pregnancy under two laws. This is general background to help you understand them, not a restatement of the explainer.

The Pregnancy Discrimination Act, passed in 1978, treats discrimination because of pregnancy, childbirth or related conditions as sex discrimination. It means employers must treat pregnant workers the same as other workers who are similar in their ability or inability to work.

The Pregnant Workers Fairness Act, which took effect in 2023, goes further. It requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions, unless doing so would cause undue hardship. Examples can include extra breaks, a stool to sit on, schedule changes or time off for appointments.

For HR, the key steps are to train managers to recognise requests, to respond promptly and to engage in a conversation about what would help. Do not demand unnecessary medical documentation. Keep information confidential. Never penalise someone for asking.

A trap is waiting for a formal request. If an employee mentions a limitation, the duty to engage may arise. Make sure managers know to pass information to HR.

Check which laws cover your organisation, since they may depend on size, and check state laws too.

Accommodation duties under the ADA

The Americans with Disabilities Act requires covered employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship. The explainer lists this as a core duty.

A reasonable accommodation is a change to the job or the workplace that allows a person to do the essential functions. It might be adjusted hours, specialised equipment, remote work, changes to how tasks are done or reassignment to a vacant role.

The usual process is called the interactive process. The employer and employee talk about the limitation, the job duties and possible solutions. The goal is to find an accommodation that works, not to prove a disability exists.

HR best practices include having a clear procedure, training managers to refer requests quickly, documenting the conversation and decisions, and reviewing accommodations over time. Keep medical information in separate confidential files. Paylocity’s upskilling guide explains how to plan manager training.

Common mistakes include refusing a request without discussion, insisting on the employee’s preferred solution when another one works, or treating an employee less favourably after a request. Each can create legal risk.

Employers can also benefit. Many accommodations are low-cost, and they help skilled people stay productive.

As always, check the specific requirements for your situation, including state and local laws that may go further.

Religious accommodation

The explainer also covers religious accommodation. Under US federal law, employers must reasonably accommodate an employee’s religious beliefs and practices, unless this would cause undue hardship.

Examples include schedule changes for religious observances, exceptions to dress or grooming rules, space for prayer or adjustments to duties that conflict with beliefs. The aim is to let people work without being forced to choose between their faith and their job.

The standard for undue hardship is higher than it once was. A 2023 Supreme Court decision, Groff v. DeJoy, made clear that employers must show that the accommodation would cause substantial increased costs, not just more than a minimal cost. This is general background, and the extract did not state it, so check current guidance.

HR should treat requests with respect. Ask what the person needs, explore options and consult others as needed. Avoid assumptions about what a person’s religion requires, and do not ask for more proof than necessary.

Be consistent. If you grant a similar request to one person, you will need a good reason to refuse another.

Train managers, since the first reaction to a request often shapes the outcome. A calm, open response avoids many problems.

The WARN Act and its 60-day notice

The WARN Act requires larger employers to give 60 days’ notice before certain mass layoffs or plant closings. The explainer highlights the 60-day notice.

In general terms, the law covers employers with 100 or more employees, and applies to plant closings and mass layoffs that affect a threshold number of workers. The exact tests are detailed. Notice must go to affected employees or their representatives, the state’s dislocated worker unit and local government.

The purpose is to give workers time to prepare, seek new jobs or retrain. Sixty days is a considerable period, and employers who fail to give notice can face liability for back pay and benefits for the days of violation, and civil penalties.

There are exceptions, such as unforeseeable business circumstances or faltering companies seeking capital, but they are narrow and must be justified.

Some states have their own versions, sometimes called mini-WARN laws, with different thresholds and notice rules.

For HR, planning is the key. If a reduction in force is possible, involve legal counsel early. Map the numbers, the dates and the locations. Prepare notices and communication plans. Treat departing employees fairly, with clear information on pay, benefits and support. Where roles can be moved rather than cut, knowing which skills are in demand helps (see in-demand technical skills in 2026).

The CNBC piece on fall hiring on OneCareer notes that last October saw 153,074 announced job cuts, a reminder that layoffs can come in waves. For the wider hiring picture, see Robert Half’s technology job market report. Affected workers may also find our guide on how to apply for jobs and get your application noticed useful.

State limits on cannabis testing

The explainer notes that some states limit cannabis testing. This is an area where federal and state approaches differ.

Cannabis remains illegal under federal law, but many states have legalised it for medical or recreational use. Some of those states also restrict employers from taking action based on off-duty use, or from testing for it in certain situations. The details vary widely.

For HR, the first step is to know your state’s law. Does it protect off-duty use? Are there exceptions for safety-sensitive jobs or for jobs governed by federal rules? Is testing allowed only after an accident or when there is reasonable suspicion?

Next, review your drug testing policy. Make sure it matches the law, explains what is tested, when and what happens after a positive result. Apply it consistently.

Train managers on how to spot signs of impairment and how to document them objectively. Impairment at work is different from past use.

Also think about fairness and accommodation. An employee who uses cannabis for a medical condition may raise issues under state law or disability law. Handle such cases with care and take advice.

Laws in this area are changing, so check regularly.

A practical HR employment law basics checklist

Pulling the HR employment law basics together, here is a checklist that you can use to review your readiness.

Accommodations: do you have a written process for pregnancy, disability and religious requests? Do managers know to pass requests to HR? Do you document the interactive process? Do you keep medical data confidential?
WARN and layoffs: do you know whether you are covered under federal and state laws? Do you have a template and a timeline for notices? Do you involve legal advice early?
Testing: does your drug and alcohol policy match your state’s law on cannabis? Is it applied consistently? Do you have a process for reasonable suspicion?
Training: do managers get regular, practical training on all three areas? Our AI reskilling guide covers how to plan it.
Records: do you keep dated records of requests, decisions, notices and testing?

In short:

Written accommodation process.
WARN readiness plan.
Lawful testing policy.
Regular manager training.
Good records.

Tick each box, or write the action needed. Review the list each year, and whenever the law changes.

How to read an explainer on HR employment law basics with care

The Tulane explainer comes from a university’s online law programme. That gives it some credibility, but several cautions apply.

It is a general overview, and the extract is brief. It does not give details such as thresholds, exceptions or case law. This article has added widely known background, such as the nature of the two pregnancy laws and the details of WARN, and marked it as general. Verify these with current official sources.

Online programmes also promote their courses. That does not make the content wrong, but the explainer is designed to introduce a field, not to give legal advice.

The date is approximate, based on the search listing. Laws may have changed since.

Because the law differs by state, a general explainer cannot tell you what applies to you. Use it to frame questions, then check local rules.

Finally, South African readers should follow local law, such as the Labour Relations Act and the Employment Equity Act, which have their own rules on pregnancy, disability, religion and retrenchment.

Quick Revision: HR employment law basics Flashcards

How much notice does the WARN Act require?

60 days for certain mass layoffs or plant closings by larger employers

What does the Pregnant Workers Fairness Act require?

Reasonable accommodation for known limitations related to pregnancy and childbirth, unless undue hardship

What is the interactive process under the ADA?

A conversation between employer and employee to find a reasonable accommodation

Do all states treat cannabis testing the same way?

No, some states limit it

Final thoughts

HR employment law basics include accommodation duties under the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the ADA and religious accommodation rules, the WARN Act’s 60-day notice for layoffs by larger employers, and state limits on cannabis testing.

The common thread is respect for people in vulnerable moments, combined with clear processes, trained managers and good records.

Use the HR employment law basics checklist to review your own practice, verify details with official sources, and ask a qualified lawyer when a case is complex. This article is general information about US law and is not legal advice.

As a final thought on HR employment law basics, remember that the basics are a starting point and not a finish line. Each of the topics above, from accommodations to layoffs to testing, has layers of detail that depend on facts and location. Revisit the HR employment law basics whenever your organisation grows, opens a new site or changes its policies. Use the HR employment law basics checklist to start conversations with managers, and bring in specialist advice for difficult cases. A team that knows the HR employment law basics, and that acts early on questions, can prevent most serious problems before they start. Keep notes on what you learn, share them with colleagues and update them each year, so that the HR employment law basics become part of how your team works every day.

Sources and further reading

Tulane University online law programme, HR Employment Law Basics: How Can You Stay Compliant?