Trump threatened to invoke the Insurrection Act. HR should prepare now for workplace disruptions.
Summary
This opinion piece from Seyfarth attorneys explains how a threatened or actual invocation of the Insurrection Act — and related National Guard or federal law‑enforcement deployments — can create far‑reaching operational, legal and cultural challenges for employers. The authors lay out likely disruptions to attendance and travel, the risk of politically charged or discriminatory conduct at work, and intersecting legal protections (Title VII, ADA, NLRA, USERRA and various state laws). They finish with a practical checklist of steps HR should take now to reduce liability and preserve business continuity.
Key Points
- Federal troop deployments, curfews and checkpoints can prevent employees from getting to work or create safety fears that look like absenteeism.
- Attendance policies and discipline become legally fraught when safety concerns, political protest or disparate impacts affect only certain groups.
- Political conversations about immigration enforcement, troop deployment and protests will spill into workplaces and can escalate into harassment or discrimination tied to protected characteristics.
- The NLRA and several state laws can protect what looks like political speech if it relates to workplace conditions or is concerted activity.
- Employers can and should regulate conduct (disruption, harassment, encouragement of violence) but must avoid viewpoint discrimination and apply rules consistently to prevent proxy discrimination claims.
- Practical preparedness steps include emergency playbooks, revised attendance rules, manager training, template travel/essential‑worker letters, and consistent handling of accommodation requests (ADA, FMLA, USERRA).
- Neutral, clear communications and exhaustive documentation of decisions, policy changes and operational impacts are crucial to defend against later claims.
- Consult employment counsel early — the legal landscape around political speech and protected concerted activity is evolving and complex.
Context and relevance
The piece is timely for HR leaders because the deployment of federal forces is both an operational threat (closures, travel interruption, safety risks) and a cultural flashpoint that divides workforces along political, racial and religious lines. Organisations operating nationwide should prepare even if their sites are not in the immediate deployment zone: transit shutdowns, curfews and checkpoints can ripple across metros, and protected‑activity issues can arise anywhere. This intersects with rising scrutiny of immigration enforcement and heightened worker activism, making the guidance directly relevant to compliance, risk and people teams.
Why should I read this?
Short version — if you do HR or run a team, this is your practical heads‑up. It condenses the legal traps and gives a ready checklist you can action now: fix attendance rules, train managers, prep travel letters, document everything and call counsel. Saves you time and a likely legal headache later.
Author style
Punchy: the authors don’t waste words — they map concrete risks to clear, actionable steps. If your organisation could be affected by civil unrest or federal deployments, the details here matter; small errors in policy or inconsistent discipline can become expensive claims.
Source
Source: https://www.hrdive.com/news/HR-employers-prepare-for-ICE/809990/