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Inclusion Without Violation: Navigating the Attorney General's New DEI Guidance

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued  new guidance  directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion (DEI) programs must fully comply with federal civil rights laws, including Title VI, Title VII, Title IX (limited to educational institutions) and the Equal Protection Clause (limited to governments and their agencies) . The AG emphasized that practices involving preferential treatment based on protected characteristics (such as race, sex, or national origin) are unlawful unless narrowly tailored to meet specific legal standards, which are rarely satisfied outside of court-ordered remedies. The guidance warns against using protected traits directly or indirectly in hiring, promotion, scholarships, or training programs; segregating individuals by race or sex for access to opportunities, resources, and training; and implementing “diverse slate” requiremen...

Connecticut AG Settles Claims Over Deficient Privacy Notice: 6 Key Lessons for Businesses that Collect and Use Consumer Data

While website privacy notices are now commonplace – and consumers might only skim them – a recent settlement highlights the importance of staying vigilant about complying with applicable consumer privacy laws. The Connecticut Attorney General recently reached an $85k settlement with a company whose privacy notice was deemed deficient under the state’s laws. How can you avoid the same fate? If your business is subject to state consumer privacy laws – and most companies are – failure to make sure your privacy notice complies with applicable law could lead to both monetary and non-monetary penalties. Here’s what led to the recent settlement and six steps you can take to ensure compliance. What Happened? Settlement Details:  T he Connecticut Office of the Attorney General announced on July 8 that it had reached a settlement with TicketNetwork, Inc., a company that the AG had previously said was not complying with the requirements of the Connecticut Data Privacy Act (CTDPA) . Tick...

Tennessee Has a Brand-New Framework for Employment Discrimination Enforcement: What Do Employers Need to Know?

Tennessee just said goodbye to its longstanding civil rights enforcement agency and created a new enforcement division to handle employment discrimination complaints. What do employers in the state need to know about this transfer of power? What happened? In May, Gov. Bill Lee signed a bill ( HB 910/SB 861 ) into law requiring a transfer of power over civil rights enforcement duties held by the Tennessee Human Rights Commission (THRC), including its responsibilities for handling employment discrimination complaints. As a result of the new law, the THRC dissolved as a state agency on June 30, and the former state agency’s enforcement duties were transferred, effective as follows: State-level civil rights enforcement duties were transferred to a newly created  Division of Civil Rights Enforcement  (CRED) within the Tennessee Office of the Attorney General and Reporter (AG) . CRED is now the primary enforcement arm of the Tennessee Human Rights Act (THRA) and the Tennessee Disa...