Insights

Most companies acknowledge that a robust pipeline of qualified, diverse talent is critical. Recent legal developments in the areas of diversity, equity, and inclusion (DEI) and artificial intelligence (AI) are creating potential new challenges for employers trying to maintain those pipelines. The result is likely to be an increase in employment lawsuits in 2024 and beyond.

Pay equity is one of the most significant workforce issues facing employers today. Over the past several years, there has been a substantial increase in high-profile pay-related litigation, with plaintiffs relying primarily on federal laws to establish their claims. At the same time, federal agencies have continued to pursue pay disparity enforcement actions under federal laws, including Title VII, the Equal Pay Act, and Executive Order 11246. And boards of directors for large companies have been fielding requests from shareholder groups demanding disclosure of pay data for male and female employees. All of these developments have increased the risk of pay equity litigation for employers of all sizes and industries.

Pressure. It’s the one constant for all legal departments, and general counsel rarely face more of it than when they’re leading an investigation that has made headlines and captured the public’s attention. In the digital age, the appetite for instant answers combined with intense public scrutiny has put tremendous pressure on every aspect of investigations—from the way facts are gathered to executive accountability, government relations, and managing the impact of the crisis on the brand and the stock price.