Attorney General Anne Lopez, along with a coalition of 16 attorneys general, has released guidance aimed at helping businesses, nonprofits, and other organizations understand the role and legality of diversity, equity, inclusion, and accessibility (DEIA) policies in the workplace. This initiative addresses concerns raised by a Trump Administration Executive Order targeting “illegal DEI and DEIA policies.”
“Contrary to what the Trump administration is telling people, efforts to seek out and support diversity, equity, inclusivity and accessibility in the workplace are not illegal and the federal government cannot prohibit these efforts in the private sector through an executive order. I will continue to stand alongside other attorneys general to fight for inclusive policies,” said Attorney General Lopez.
The federal government’s recent actions include an Executive Order instructing agencies to “combat illegal private-sector DEIA preferences, mandates, policies, programs, and activities.” The coalition’s guidance clarifies that such initiatives differ from unlawful hiring or promotional preferences based on protected characteristics. For decades, state and federal courts have consistently upheld that DEIA policies do not constitute unlawful discrimination.
Instead of promoting illegal practices, DEIA initiatives focus on recruiting qualified employees while ensuring workplaces support skill development for all employees. These practices aim to contribute positively to business success.
The guidance was issued in collaboration with attorneys general from Arizona, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon and Vermont.
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