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Showing posts with the label unlawful discrimination

Trump Administration Unveils New AI Policy Framework Calling on Congress to Act

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On March 20, 2026, the White House released its long-awaited policy framework for governing the use and development of artificial intelligence (AI) and automated decision-making technology. While not breaking new ground, the framework outlines the Trump administration’s legislative recommendations to remove burdens on AI development and establish federal preemption of AI governance, though implementation remains uncertain. This move contrasts with the approach many other countries have taken, which is to focus regulations on protecting individual rights and liberties. 0:00 6:19 Quick Hits The Trump administration released an AI policy framework, largely reiterating the administration’s previously stated policy goals to promote AI. In particular, the framework urges Congress to establish preemption of state and local regulations to promote innovation. The likelihood of these policy goals being fully implemented is uncertain at this time. The “ National Policy Framework for Artificial ...

DOJ’s DEI Directive: Navigating New Compliance Risks

On July 29, 2025, the U.S. Department of Justice issued a memorandum to federal agencies titled “ Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination ”. The Guidance is intended to clarify how federal antidiscrimination laws apply to “programs or initiatives that may involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs.” Although the Guidance’s title suggests that it applies only to entities receiving federal funding, the Guidance advises entities that are “otherwise subject to federal antidiscrimination laws, including educational institutions, state and local governments, and public and private employers” to “review this guidance carefully to ensure all programs comply with their legal obligations. ” This Guidance builds on Executive Order 14173 ( Ending Illegal Discrimination and Restoring Merit-Based Opportunity ), dated January 21, 2025, which condemns “illegal DEI discrimination and preferences” an...

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

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The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or applicant’s arrest record. The court held that “arrest record” includes noncriminal offenses, such as municipal theft, reversing the Wisconsin Court of Appeals. As a result, adverse employment actions based on an individual’s arrest record for a civil offense may now form the basis of a claim of unlawful discrimination. Quick Hits The Wisconsin Supreme Court interpreted the phrase “any … other offense” in the WFEA to include noncriminal offenses. The court’s interpretation is the final chapter in extended, seesaw litigation resulting from a school district’s decision to fire two employees who allegedly stole scrap metal from the district, pocketing the money they received from recycling the stolen material. The district elected to dismiss the brothers after they were cited...