The Attorneys General from 16 states have issued a public statement affirming that the use of best practices in DEI remains lawful. Those states include Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont.
The Attorneys General from these states have issued joint guidance to support businesses, nonprofits, and organizations in understanding the legal foundations and best practices for Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives. These efforts are crucial to fostering inclusive, compliant, and thriving workplaces.
Clarifying Misconceptions About DEIA Initiatives
Recent concerns have surfaced in the private sector following the release of a federal Executive Order targeting so-called “illegal DEI and DEIA policies.” This has caused confusion, but it’s essential to understand that DEIA best practices are not illegal.
The federal government lacks authority to unilaterally prohibit lawful DEIA efforts in the private sector. The order conflates unlawful hiring preferences with legal, proactive measures designed to create fair and inclusive workplaces.
The bottom line: DEIA practices that align with civil rights laws remain both lawful and beneficial. Organizations can and should continue these efforts to mitigate discrimination risks, enhance workplace morale, and boost performance.
DEIA Initiatives: A Proven Tool for Preventing Workplace Discrimination
Discrimination remains a significant challenge. Over the past five years, more than 285,000 complaints have been filed with the Equal Employment Opportunity Commission (EEOC) from these 16 states alone. DEIA initiatives help reduce these incidents by establishing policies that:
- Prohibit discriminatory practices.
- Foster respectful and inclusive environments.
- Identify and address policies that disproportionately impact protected groups.
Why DEIA Works
Research consistently shows that DEIA strategies improve workplace dynamics and business outcomes. Inclusive companies report higher engagement, innovation, and financial performance.
DEIA Practices Align with Federal and State Laws
DEIA efforts do not constitute affirmative action, nor do they involve preferential hiring based on protected characteristics. Courts have long upheld the legality of practices focused on broadening candidate pools, mitigating bias, and fostering inclusive cultures.
The recent Executive Order cannot invalidate these well-established principles. Federal and state laws protect employers’ rights to implement DEIA strategies, provided they adhere to legal standards that emphasize qualifications, skills, and performance.
Best Practices for DEIA Success
1. Recruitment and Hiring:
- Broaden recruitment efforts to reach diverse talent pools.
- Use panel interviews to reduce bias.
- Apply standardized, skills-based evaluation criteria.
- Ensure accessible hiring practices, including reasonable accommodations.
2. Professional Development and Retention:
- Provide equal access to training, mentorship, and growth opportunities.
- Establish Employee Resource Groups (ERGs) to support underrepresented employees.
- Offer unconscious bias training and leadership development.
- Create pathways for career advancement for all employees.
3. Ongoing Assessment and Integration:
- Regularly evaluate the effectiveness of DEIA initiatives.
- Implement clear protocols for reporting discrimination.
- Foster employee participation in DEIA strategy development.
- Embed inclusivity into daily operations and organizational culture.
DEIA: A Smart Strategy for Business Success
DEIA initiatives are more than legal safeguards — they are competitive advantages. Studies show that companies with diverse, inclusive workplaces consistently outperform their peers. They benefit from a broader range of perspectives, increased creativity, and stronger employee engagement.
The Attorneys General from our states remain committed to supporting organizations as they implement these essential practices. By continuing to prioritize diversity, equity, inclusion, and accessibility, businesses can build stronger, more resilient workplaces for all.
For more information, visit the official statement from the Attorneys General or contact your state’s civil rights office directly.
Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on federal tax and fundraising regulations nationwide. Ellis also advises donors concerning major gifts. To schedule a consultation with Ellis, call 602-456-0071 or email us through our contact form.