Compliance Stuff

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...

Artificial intelligence has become commonplace in recruiting, screening, interviewing, testing, promotion, and employee monitoring. Properly designed and governed, AI can streamline processes and improve consistency . However, in employment decision-making, AI can introduce legal and operational risks for the employer, even when the AI tools are built and operated by third-party vendors. Businesses should understand where and when liabilities may arise and use vendor contracts to mitigate and allocate those risks before deploying AI as part of employment decisions. Legal Risks in Using AI for Employment Decisions A legal risk in using AI as part of employment decisions is that AI tools can encode or amplify historical bias . Disparate treatment claims can arise where systems use or infer protected characteristics such as age, race, religion, sex, disability, or genetic information—either directly or through proxies like geography or graduation dates. Disparate impact claims can follow ...

Starting on October 1, 2025, California employers must follow new regulations from the Civil Rights Council (CRC) regarding “automated-decision systems”, or “ADS” — that is, tools that use AI, algorithms, or other computer processes to help make employment decisions. What’s Covered? An ADS is any technology that makes or influences decisions about jobs or benefits — like: Resume screening software Online assessments, puzzles, and tests Interview tools that analyze tone, facial expressions, or word choice Recruiting ads targeted to specific groups Data analytics using applicant or employee information Importantly, basic tools (like spreadsheets or calculators) are not considered ADS if they don’t actually make employment decisions. Why the New Rules Matter The CRC’s position is clear: if an ADS results in discrimination based on race, gender, age, disability, religion, or any other protected characteristic, it’s unlawful under the California Fair Employment and Housing Act. Employers — ...

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor and employment policy faces uncertainty and shifting priorities, state-level activity is intensifying across the country as lawmakers perceive insufficient federal enforcement or rollbacks in worker protections – and New York is no exception. Here’s a summary of key bills and what employers need to know. Notable Bills Passed by Both Houses These bills have cleared both Senate and Assembly and are headed to the Governor’s desk. If signed, they will impose new compliance obligations on employers, many of which warrant immediate attention. Extended Anti-Discrimination and Retaliation Protections Ban on Credit History in Employment Decisions ( S3072/A1316 ):   Employers would be barred from requesting or using a candidate’s consumer credit history when making employ...