Latest from Ogletree Deakins Insights

Quick Hits

  • The EEOC released a draft strategic plan for FY 2026–2030 on July 1, 2026, with public comments due by July 19, 2026.
  • The draft narrows or removes several priorities carried over from the current FY 2022–2026 plan, most notably around systemic enforcement, the agency’s own diversity-related workforce commitments, and AI in hiring.
  • Employers

Quick Hits

  • The CAI found that Metro Inc.’s facial recognition pilot meets the necessity standard of the Act respecting the protection of personal information in the private sector (the Privacy Act).
  • Although it called facial recognition more intrusive than traditional video surveillance and the biometric data “sensitive,” the CAI held that the biometric bank does

The changes—part of a broader EU simplification push following a provisional agreement reached between the Parliament, Council, and Commission on 7 May 2026—push back key compliance deadlines, introduce an outright ban on artificial intelligence (AI) tools used to generate nonconsensual intimate imagery, and resolve a long-standing overlap in the rules governing AI used in industrial

Quick Hits

  • A Texas judge ruled that conversations with generative AI tools could be protected as attorney work product under Texas law, diverging from a recent landmark federal case.
  • The decision implies that using AI does not automatically waive privilege, as such conversations may not be likely to be disclosed to adversaries.
  • Employers may want

Quick Hits

  • Businesses operating websites, online services, or applications primarily providing a forum for user-generated content may qualify as “covered platforms” subject to the TAKE IT DOWN Act’s notice-and-takedown requirements.
  • The act’s platform obligations can carry significant civil fines of up to $53,088 per violation.
  • Even employers that are not covered platforms may want to

Quick Hits 

  • On May 14, 2026, Colorado Governor Polis signed Senate Bill 26-189, which repeals and replaces the 2024 Colorado AI Act.
  • The new law removes the 2024 act’s duty of care, risk management program, and impact assessment requirements in favor of a pre-use notice, a post-adverse-outcome disclosure, and a limited set of consumer rights

Quick Hits

  • California Senate Bill 951 would require employers to provide at least ninety days’ advance written notice before eliminating positions due to AI or automation affecting twenty-five or more workers or twenty-five percent of the workforce, and to separately notify state agencies when they permanently stop hiring for roles replaced by AI.
  • The bill

Quick Hits

  • Life science employers face a rapidly evolving 2026 legal landscape spanning noncompete enforcement shifts, expanding pay transparency mandates, AI bias audit requirements, immigration overhauls, DEI program legal exposure, NLRB policy reversals, OSHA heat standards, new leave and accommodation obligations, and workforce development imperatives.
  • State and federal developments are moving in different and sometimes

Quick Hits

  • The DOL’s AI Literacy Framework defines essential skills for effectively using and evaluating generative AI technologies in the workplace.
  • The framework encourages employers to provide hands-on training to ensure all employees possess baseline AI literacy skills to engage with AI tools responsibly and effectively.
  • The framework outlines foundational content areas and key principles

President Trump Nominates Two for NLRB. President Donald Trump has nominated James Macy to fill the remaining Republican seat on the National Labor Relations Board (NLRB). In addition, David Prouty, whose term is set to expire in August 2026, has been renominated for another five-year term on the Board. The remaining Democratic seat will remain