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2-16-2025 12:05am
Campbell Is Among 16 State AGs Issuing Multi-State Guidance to Business, Organizations on Status of DEIA in States
Darlene Cancell
Editor
On February 13th, Massachusetts Attorney General Andrea Joy Campbell, along with the Attorney Generals of 16 other states, have issued guidance to businesses, nonprofits, and other organizations to understand a path forward for, and role of diversity, equity, inclusion, and accessibility (DEIA) efforts in workplaces following President Donald Trump’s two Executive Orders in January that seek to terminate DEI and DEIA programs and positions.
“The President’s Order is an attempt to bully employers into eliminating lawful policies that we know reduce complaints of illegal discrimination, increase a company’s bottom line, and improve workforce culture and consumer experience,” said AG Campbell. “I am proud to partner with my AG colleagues to empower businesses and encourage them to be courageous in maintaining their lawful diversity, equity, inclusion and accessibility programs.”
In a document titled, Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives, AG Campbell is joined by AGs of Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont in issuing guidance. The Multi-State Guidance notes that the president’s Executive Orders do not make DEIA practices illegal in the private sector. They note that most state laws have broader protections than federal laws against discrimination.
“Importantly, diversity, equity, inclusion and accessibility best practices are not illegal, and the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandates the wholesale removal of these policies and practices within private organizations, including those that receive federal contracts and grants,” notes the Multi-State Guidance.
The AGs say Mr. Trump’s Executive Order that targets DEI and DEIA policies makes the mistake of conflating unlawful preferences in hiring and promotion with “sound and lawful best practices for promoting diversity, equity, inclusion, and accessibility in the workforce.”
“To be clear: the Executive Order cannot and does not prohibit otherwise lawful practices and policies to promote diversity, equity, inclusion and accessibility,” says the Multi-State Guidance. “Accordingly, companies should continue to implement initiatives aimed at complying with their legal obligations, opening the door for prospective and current employees, no matter their identity or background, to reach their full potential, and ensuring the health of their organizations.”
The Multi-State Guidance includes a list of best practices for recruitment and hiring, professional development and retention, and assessment and integration. Best practices mentioned include:
- Widely recruiting to attract a larger pool of applicants from a variety of backgrounds;
- Setting standardized criteria to evaluate candidates so that hiring is based on merit;
- Ensuring equal access to all aspects of professional development, training, and mentorship; and
- Creating clear protocols for reporting discrimination or harassment.
Among statements in support of the guidance was one from
James E. Rooney, President & CEO of the Greater Boston Chamber of Commerce, who stated, “Workplaces that embrace a variety of backgrounds and perspectives tend to achieve more success for their enterprise and customers, and produce inclusive career pathways for their workforce, benefiting everyone.”
Timothy P. Murray, President & CEO of Worcester Regional Chamber of Commerce, stated, “In order to successfully meet these critical workforce needs, employers must engage talent that exists across all population demographics.”
On January 20th, President Trump issued an Executive Order titled, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” in which he directed the Office of Management and Budget, assisted by the Attorney General and the Director of the Office of Personnel Management, to “coordinate the termination of all discriminatory programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government.”
On January 21st, President Trump issued another Executive Order targeting DEI, titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” in which he revoked a number of Executive Orders, including the Equal Employment Opportunity Executive Order of 1965. The president reasoned that civil rights laws can be violated by “dangerous, demeaning, and immoral race- and sex-based preferences” under the cloak of DEI or DEIA. As such, his Executive Order declared that the Office of Federal Contract Compliance Programs within the Department of Labor must immediately stop promoting diversity. He also ordered that federal office to stop allowing contractors or subcontractors to engage in “workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
