Many organizations are proactively advancing diversity and inclusion goals globally to include a focus on recruitment and employee-directed initiatives. These efforts are consistent with organizational values and business goals, even in cases where diversity data collection may have the potential to increase (rather than decrease) risks of discrimination claims. Beyond addressing D&I to comply with anti-discrimination laws, most organizations also consider it an urgent business need for commercial success. In moving from actions to outcomes, organizations are seeking to identify and utilize metrics to measure progress, impact and accountability to include the collection of diversity-related data. Privacy and employment law professionals are increasingly being asked to expand such programs globally.
Privacy and employment laws impacting D&I data collection programs and efforts vary greatly, and this is an area undergoing rapid change. No one size fits all, but most multinational organizations should differentiate between their data collection programs at least at a regional level to reduce the risk of their programs being challenged on privacy law grounds. In most cases, the types of information collected for D&I programs are considered sensitive or special categories of personal information and subject to heightened requirements under privacy laws. And in some jurisdictions, asking about certain traits is prohibited or not recommended because it can cause...
In October 2026, a rumor spread that U.S. Senate candidate James Talarico, a Texas Democrat, had received treatment at a mental health care facility in Ohio. The claim erupted after Talarico, a s...