CWC Hosts Member Roundtable On State Enforcement Targeting DEI Practices

February 23, 2026

What's New

CWC recently convened a members only roundtable to discuss 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 early litigation to assess where enforcement attention appears to be emerging.

Participants observed that much of the public messaging from state officials has been broad and more rhetorical than prescriptive. Yet, recent activity suggests a gradual shift toward more concrete legal theories, even as those theories are being tested.

What It Means

Participants generally agreed that employers remain at an early stage in understanding how states will enforce anti-discrimination laws against DEI practices. Several recent cases have turned on procedural issues rather than substantive determinations, reinforcing that this area of enforcement remains fluid.

At the same time, participants viewed recent actions as a signal that scrutiny is likely to unfold incrementally with enforcement priorities taking shape through fact-specific investigations rather than formal guidance. In this environment, closely tracking how state officials frame theories and select targets may offer more practical insight than relying solely on public statements.

What You Should Do

Employers should continue monitoring state enforcement activity and consider whether existing policies, practices, governance, and documentation effectively mitigate risk in an era of heightened scrutiny around fair employment. Reviewing public-facing statements and internal decision-making processes may also help ensure they accurately reflect how decisions are made in practice.

CWC members can continue this conversation at CWC’s upcoming Workplace Policy Conference, which will feature discussions of state and federal enforcement trends.

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