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Kevin Koronka

Kevin focuses his practice on labor and employment. Frequently working with healthcare systems and providers, Kevin advises and defends employers on a wide range of issues, including high level investigations, leave and accommodation concerns, discrimination and harassment matters, non-competition agreements, reductions in force and sensitive terminations.

On January 22, 2026, the Equal Employment Opportunity Commission (“EEOC”) held an open public meeting pursuant to the Sunshine Act to discuss and vote on the rescission of the 2024 Enforcement Guidance on Harassment in the Workplace adopted by the EEOC during the Biden Administration (EEOC-CVG-2024-1; issued 04-29-2024) (“2024 Guidance”). Under this 2024 Guidance, sexual orientation and gender identity were specifically addressed following the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. 644 (2020). It contains examples of prohibited conduct such as repeated and intentional use of a name or pronoun an individual no longer used as well as the denial of access to a bathroom consistent with an individual’s gender identity.

Earlier this month, our team published an in-depth article for federal contractors on navigating WARN Act compliance amid government shutdowns and federal contract cancellations. Since then, we’ve been closely monitoring the broader wave of workforce reductions affecting not only government contractors but employers across industries and company sizes.

It was supposed to be a night of entertainment for concertgoers at a recent Coldplay performance. But for two company executives, the spotlight shone a bit too brightly when a “kiss cam” moment on the jumbotron captured what appeared to be a romantic embrace. The viral clip quickly made its way from the venue to social media feeds—and, inevitably, to the boardroom.

While most of us hope our professional lives don’t become the subject of a Viva La Vida meme, these headline-grabbing incidents can leave employers with serious employment law questions and reputational risks.

Key Points

  • On October 6, 2022, President Biden issued a full pardon for all federal convictions for simple possession of marijuana, urged state governors to pardon state-level possession convictions, and encouraged rescheduling of marijuana under federal law.
  • The pardon only applies to simple marijuana possession convictions under federal law and the District of Columbia’s criminal code.
  • The pardon does not extend to any state marijuana offenses or any federal offenses other than simple possession.
  • Pardoned convictions will still appear on an individual’s record but will be accompanied by a certificate of pardon.
  • Pardons “forgive” the conviction and remove any restrictions on a person’s right to vote, hold office, or sit on a jury that may have been imposed by the conviction.

Predictability and fairness are typical pillars of employment law. Where predictability allows both employers and workers to understand and navigate the rules and regulations that are applicable to them, fairness provides a constant level of security to all parties. Recently, the Texas Supreme Court used an unpredictable procedure to reach what it calls a “rule of fairness and right.”