Democratic State Attorneys General Issue Guidance for DEIA Initiatives

By: David Cohen and Joanna Colosimo

On February 13, 2025, the Attorneys General from 16 states issued guidance to address concerns from businesses, nonprofits, and other organizations regarding the importance and legality of diversity, equity, inclusion, and accessibility (DEIA) initiatives. ​

This guidance comes in response to a recent Executive Order targeting "illegal DEIA policies" and encourages employers in Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont to continue implementing DEIA initiatives in order to comply with legal obligations, support diverse talent, and enhance organizational success.

The Attorneys General cover several key points in this document, including but not limited to the following:

1. Legality of DEIA Initiatives: ​
   • DEIA best practices are lawful and furthermore are essential for creating inclusive workplaces. ​
   • The Executive Order cannot prohibit lawful DEIA practices in the private sector. This includes those receiving federal contracts and grants. ​
2. Benefits of DEIA Initiatives: ​
   • DEIA policies help prevent workplace discrimination and reduce litigation risks. ​
   • Inclusive workplaces foster employee support, reduce turnover, and enhance business performance. ​
3. State and Federal Compliance: ​
   • DEIA initiatives should align with state and federal civil rights laws, which prohibit discrimination based on race, sex, national origin, disability, and other protected characteristics. ​
   • Properly implemented DEIA practices do not equate to unlawful hiring preferences and instead focus on fair recruitment, hiring, and retention. ​

The Attorneys General also provide best practices for employers implementing DEIA efforts, including practices for recruitment and hiring, professional development and retention, and assessment and integration.

DCI will continue to monitor the evolving legal landscape regarding DEIA programs and initiatives. Don't miss crucial industry news: Subscribe to our blog for timely updates from our experts.

To learn about how DCI can help your organization mitigate the legal risks of DEI program, visit our DEI Risk Mitigation Services page.