Dive Brief:
- Diversity, equity, inclusion and accessibility best practices are not illegal, said Massachusetts Attorney General Andrea Joy Campbell and Illinois AG Kwame Raoul, in a multi-state DEIA at work guidance.
- In the Feb. 13 letter, the AGs said the federal government lacks the power to issue executive orders that prohibit “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.”
- The AGs of Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island and Vermont joined in issuing the guidance.
Dive Insight:
The letter came as a response to constituent concerns about the continued viability of DEIA, the AGs said, mainly in light of President Donald Trump’s executive orders.
The primary EO in question, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” includes a directive that “order[s] all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
The executive order alleges that colleges, along with other organizations, have “adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called … ‘diversity, equity, inclusion, and accessibility.’”
Campbell and Raoul said the order “conflates unlawful preferences in hiring and promotion with sound and lawful best practices for promoting diversity, equity, inclusion, and accessibility in the workforce.”
It’s “inaccurate and misleading,” they said. On Feb. 21, a federal judge for the U.S. District Court of Maryland issued a preliminary injunction, partially blocking Trump’s executive order targeting the public and private sectors.
While the judge did not prevent the U.S. Department of Justice from proceeding with its investigation of private-sector DEI programs, Judge Adam Abelson held that the plaintiffs would likely succeed with their First and Fifth amendment claims, as well as claims alleging violations of the separation of powers clause.
Prior to the most recent guidance, Democrat attorney generals have made it their priority to speak up about DEI: Last summer, the AGs defended the American Bar Association’s diversity requirements for law schools.
More recently, the Democrat AGs said that the U.S. is “on the brink of dictatorship” due to Trump’s executive orders challenging the scope of the Constitution.
A key takeaway for HR? “Properly developed and implemented initiatives aimed at ensuring that diverse perspectives are included in the workplace help prevent unlawful discrimination,” the AGs said.
