Compliance Stuff

This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously regarded as permissible, a shift that demands careful navigation by employers. On February 4, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a motion in the U.S. District Court for the Eastern District of Missouri to enforce the administrative subpoena issued in its investigation of Nike, Inc. (“Nike”), for alleged discrimination against white employees and applicants related to Nike’s Diversity and Inclusion (D&I) practices. The administrative subpoena arises out of Commissioner Andrea Lucas’ Charge (“Charge”) against Nike on May 24, 2024, alleging a pattern and practice of intentional discrimination, and alternatively, discrimination based on disparate impact theory. Among the documents attached as exhibits to the EEOC’s Motion to Enforce...

  How does a company use AI responsibly in order to protect themselves as new regulations regarding the use of AI becomes available?   Policymakers want to regulate the use of AI to assist HR departments with their recruitment process and hiring decisions.  Specifically, they are wanting to focus on where the use of AI might lead to potential bias, discrimination or other unintentional risks.   There are many advantages to using AI-Powered Hiring Tools.  It enables the ability to assess the qualifications of large applicant pools quickly and accurately.  It is reported (by the American Civil Liberties Union) that 70% of employers were using AI in some fashion during their hiring processes.   According to a  Fact Sheet  released by the White House, part of Biden's Executive Order to ensure responsible use of AI across the country, is to protect workers including a pledge to "develop principles and best practices to mitigate (limit) the harms a...