Discrimination & Retaliation

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In our recent post, AI Regulation on Hold in Colorado—But Employer Risk Isn’t, we flagged that delay did not mean diminished risk. That continues to hold true. Colorado has now approved a comprehensive rewrite of its AI law, while Illinois regulators are advancing practical disclosure requirements for employers using AI in employment decisions.

The direction is clear: AI oversight in the workplace is moving forward—and becoming more operational.

Colorado: Recalibration, Not Retreat

Colorado’s rewrite reflects an effort to make its AI framework more workable—but not less relevant for employers.

Key points:

  • Employment uses remain in scope: AI tools used in hiring, promotion, and other employment decisions continue to be treated as “high risk.”
  • Governance expectations remain: Employers will still need risk management and oversight frameworks.
  • Transparency still matters: Notice and documentation obligations continue, even as details evolve.
Continue Reading Colorado and Illinois Advance AI Transparency Obligations for Employers

Some historically more employer-friendly APAC jurisdictions are becoming harder to manage as employee protections expand and procedural requirements tighten. In 2026, the region is broadly politically stable, but economic caution, recent elections, and pro-labor legislative agendas are reshaping employment risk in different ways across key jurisdictions. China is emphasizing employment stability and risk containment; South Korea and Australia are advancing employee-friendly labor agendas; and Japan, Singapore, and Vietnam remain relatively stable politically but are seeing increasingly sophisticated employment regulation. For in-house teams, the core risk is not missing a headline reform, but underestimating how process, consultation, and documentation increasingly determine outcomes.

Below are the developments global employers should have firmly on their radar.

1. Workforce Flexibility Is Narrowing—and Execution Risk Is Rising

Across APAC, worker misclassification and restructuring execution have become standout employment risks. In many markets, the primary exposure is no longer just whether an employer has a legal basis to act, but whether it can show the relationship was properly classified and that any termination, redundancy, or outsourcing decision was implemented through a defensible process.

  • South Korea combines aggressive labor reform with real enforcement risk. Unlawful contracting arrangements and illegal dispatch (e.g., subcontracted workers) have long carried criminal liability under Korean law. The Yellow Envelope Act now allows even lawfully subcontracted workers to unionize and bargain directly with client companies. The new administration has also pledged to close even lawful outsourcing loopholes, raising the stakes for businesses that rely on layered service or contractor models.
  • Australia continues moving toward an employee-protective model. Recent reforms driven by legislation and case law have refocused classification analysis on the real substance of the relationship, while courts and regulators are increasingly attentive to consultation, redeployment, and safety in workforce change exercises.
  • China, Japan, and Vietnam each create execution risk, but in different ways. China and Vietnam apply substance-over-form tests that increase recharacterization risk for outsourcing and contractor models. Japan and China are particularly restrictive on termination, requiring clear legal grounds and close procedural compliance. Vietnam does not recognize at-will employment, so even commercially justified exits require careful implementation.
Continue Reading Asia Pacific in Focus: 2026 Employment Law Shifts Global Employers Can’t Ignore

May is Mental Health Awareness Month—a timely reminder for employers to take a fresh, thoughtful look at how workplace policies and practices support employees’ mental health. This includes ensuring compliance with evolving requirements around leave, reasonable accommodations under the ADA, and broader mental health considerations. As the legal landscape continues to shift, even well‑intentioned…

On April 27, 2026, a federal court paused enforcement of Colorado’s Artificial Intelligence Act (SB 24-205), placing one of the country’s most comprehensive state AI laws on hold while lawmakers reconsider its timing and scope. The order prevents the state from initiating enforcement actions during the pendency of the litigation, effectively freezing the law just weeks before its anticipated June 30, 2026 effective date.

This development is neither a repeal nor a permanent delay. Instead, it leaves employers in a familiar position—navigating a period of legal uncertainty while continuing to operate against a rapidly evolving regulatory backdrop. Importantly, even if the Colorado law is ultimately blocked or significantly revised, employers should not view the pause as a signal to deprioritize AI governance. As discussed below, the legal and regulatory risks associated with AI in employment remain very much in force.

Background

With the statute’s effective date approaching, a leading AI developer filed suit in April seeking declaratory and injunctive relief, challenging the constitutionality of several provisions of the Act. Shortly thereafter, the US Department of Justice intervened, arguing that aspects of the law impermissibly compel AI systems to adopt state‑defined viewpoints. The DOJ’s intervention marks the administration’s first litigation effort aimed at limiting state‑level AI regulation.

Continue Reading AI Regulation on Hold in Colorado—But Employer Risk Isn’t

Since our April 6 blog, Why the New DEI Executive Order Matters for Federal Contractors—and Signals Broader Risk for All US Employers, where we highlighted how the latest Executive Order creates new contractual obligations for federal contractors and subcontractors, with potentially far reaching implications, there have been several significant developments that collectively signal a…

Six months ago, our Back‑to‑School Guide on Recent Developments in Workplace DEI examined how the 2025 executive orders—and early guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ)—led many US-based employers to recalibrate DEI-related risk, conduct DEI health checks, and fine-tune specific initiatives and practices.

In 2026, the risk is not coming from landmark court rulings declaring DEI unlawful. Instead, it is coming from enforcement tools: investigations, subpoenas, contract terms and leverage applied across multiple fronts—often before any litigation is filed.

That reality came into sharper focus on March 26, with the issuance of a new executive order further targeting “DEI discrimination” by federal contractors.

Workplace DEI remains lawful. But employers should expect heightened scrutiny of how programs are structured, incentivized, documented, and defended—through EEOC inquiries, administrative subpoenas, FCA theories tied to certifications, and discovery-driven litigation.

The New Executive Order Enhances DEI Risk for Federal Contractors

The White House’s new executive order—“Addressing DEI Discrimination by Federal Contractors”—creates new contractual obligations for federal contractors and subcontractors. Potential consequences include termination, debarment, and potential False Claims Act (FCA) exposure. The order (and the accompanying Fact Sheet) is operationally consequential: it ties compliance to federal contracting, expands agency access to contractor information, and more explicitly links compliance with these contractual obligations to FCA theories.

Continue Reading Why the New DEI Executive Order Matters for Federal Contractors—and Signals Broader Risk for All US Employers

Special thanks to our law clerk Marjorie Simón for contributing to this update.

Mexico has kicked off 2026 with two major legal developments that employers cannot afford to ignore. In January and March, sweeping reforms reshaped the compliance landscape—introducing mandatory workplace training focused on preventing violence against women and launching a phased reduction of the standard workweek from 48 to 40 hours. Together, these changes reflect a broader regulatory push toward workplace equality, safety, and work‑life balance, while also creating new operational and compliance challenges for employers operating in Mexico. Read on for more information.

Continue Reading Mexico Employers Take Note: New Training Obligations and a Reduction of the Workweek

New York’s employment landscape is undergoing sweeping changes. Recent legislation introduces new compliance challenges across nearly every facet of workplace regulation—from pay transparency to leave entitlements, wage and hour rules, employment agreements, and more.

Employers will need to revise policies, contracts, and day-to-day practices to stay compliant and avoid costly missteps. The time to act…

Our 2026 Looking Ahead Report explores the trends, developments, and emerging risks shaping financial services in the year ahead, covering topics like agentic AI in fintech, corporate fraud prevention, cybersecurity, workforce strategies, a regional spotlight on the Middle East and much more. Here is an excerpt:

Global workforce strategies for the financial sector

As financial institutions recalibrate their workforce strategies for 2026 and beyond, they face a rapidly shifting regulatory terrain shaped by geopolitical tensions, technological disruption and evolving societal expectations. 2025 has seen a marked acceleration in legal reforms and policy shifts across jurisdictions, with four key themes emerging at the forefront of employment and compliance planning. These trends are not isolated – they are interconnected, and they demand a proactive, globally attuned approach to workforce governance.

The Shifting DEI Landscape

While institutional diversity, equity and inclusion (DEI) programs and practices have been subject to more legal scrutiny in the US this year, other regions—particularly EMEA and parts of Asia—are deepening commitments and expanding regulatory requirements. Major US-based financial institutions have scaled back public commitments to DEI, rebranding or removing references to diversity figures and programs in corporate filings, amid heightened political scrutiny under the current US administration. In contrast, many financial institutions across EMEA remain committed to robust DEI frameworks. For example, the UK’s financial regulators have proposed regulatory standards to embed diversity and inclusion into governance structures. And in South Africa, financial and insurance activities is a sector specifically identified under new affirmative action targets now in force. This divergence underscores the need for multinational financial institutions to carefully navigate DEI policy and goals with regional nuance, balancing local regulatory pressures with global values and workforce expectations.

Employers, including those in the financial sector, are under pressure (from both employees and government authorities) to increase transparency, particularly on workforce composition and compensation. In Brazil, for example, equal pay enforcement has intensified, with hundreds of companies inspected in the last year. Some of the significant changes include the US, where certain states, including California, require gender pay reporting, and shareholder activism is driving pay equity disclosures. In the EU, the Pay Transparency Directive requires member states to implement legislation by June 2026, with gender pay gap reporting starting in June 2027. Key requirements include: mandatory pay range disclosure; banning salary history questions; and employee rights to pay information with an increased role overall for worker representatives.

Continue Reading What’s On the Radar for Financial Institutions in 2026?