CWC recently hosted a members-only roundtable examining the growing role of state officials — particularly state attorneys general — in scrutinizing private-sector DEI practices. The discussion drew on recent attorney general letters, investigations, and litigation.
Participants observed that this enforcement area remains fluid in part because several recent cases turned on procedural issues rather than substantive determinations. Participants said that state scrutiny is likely to unfold incrementally, with enforcement priorities taking shape through fact-specific investigations rather than formal guidance. They said employers may gain more practical insight by closely tracking state officials’ framing of theories and selected targets than by relying solely on their public statements.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can continue this conversation at CWC’s upcoming Workplace Policy Conference. CWC members can read more here.