USA Trends and Developments Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
Conclusion As the United States navigates a shifting global landscape of business and human rights, state governments are emerging as pivotal actors in advancing corporate accountability. While fed - eral initiatives provide important frameworks, the state level is where innovation, experimentation, and enforcement can be most dynamic. From California’s pioneering transparency laws to emerging due diligence mandates in states like New York, subnational efforts are shaping a more localised yet impactful approach to embedding human rights into business practices. These state-based developments reflect both the diversity and the adaptability of the US legal system. They allow for tailored responses to regional priorities while collectively contrib - uting to a broader national momentum toward responsible business conduct. As more states adopt legislation addressing forced labour, sup - ply chain transparency, and ethical procurement, they not only fill gaps left by federal policy but also push the boundaries of what corporate accountability can look like in practice. In this evolving mosaic, states are not merely responding to global norms – they are helping to define them. Their leadership underscores the importance of decentralised governance in driving systemic change and offers a compelling model for integrating human rights into the fabric of American commerce.
(b) The product or contract was obtained or executed before 1 May 2024. Key trends and observations • States are increasingly using procurement policies as a lever to enforce human rights standards, particularly in relation to forced labour. • Disclosure-based legislation, such as Califor - nia’s and New York’s, emphasises transparen - cy and public accountability rather than direct penalties for human rights violations. • Some states, like Florida and Utah, are adopt - ing more enforcement-driven models, includ - ing blacklists and mandatory certifications. • The scope of due diligence varies widely, from voluntary audit disclosures to mandatory supply chain mapping and impact assess - ments. • Enforcement mechanisms range from injunc - tive relief and civil penalties to procurement bans and public blacklisting. These state-level developments reflect a broad - er trend toward embedding human rights due diligence into corporate governance and sup - ply chain management. They also highlight the growing role of subnational governments in shaping the US BHR landscape in the absence of comprehensive federal legislation.
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