Attorneys General Reaffirm Legality of DEI Initiatives in the Workplace

For immediate release:
2/13/2025

Office of the Attorney General

BOSTON — Massachusetts Attorney General Andrea Joy Campbell has co-led a coalition of 16 attorneys general in issuing guidance to help businesses, nonprofits, and other organizations understand the viability and importance of diversity, equity, inclusion, and accessibility (DEIA) policies and practices in creating and maintaining legally compliant and thriving workplaces.

The guidance comes in response to concerns from employers following a Trump Administration Executive Order that purportedly targets “illegal DEI and DEIA policies.” Importantly, the coalition’s guidance informs companies that efforts to seek and support diverse, equitable, inclusive, and accessible workplaces are not illegal, and the federal government cannot prohibit these efforts in the private sector through Executive Order.

“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,”

Diversity, Equity, Inclusion, and Accessibility Initiatives are Consistent with Federal and State Law

For decades, state and federal courts have consistently recognized that DEIA policies do not amount to impermissible discrimination. In fact, employment discrimination laws generally require employers to pay attention to the impact their policies and practices have on different groups in order to avoid and limit liability for unlawful conduct.

Diversity, Equity, Inclusion, and Accessibility Initiatives Help Businesses Prevent Workplace Discrimination

Over the last five years, more than 285,000 discrimination complaints were filed by employees in the coalition’s states alone, more than 4,700 of which were filed in Massachusetts.

Diversity, Equity, Inclusion, and Accessibility Initiatives Foster Inclusive Recruiting, Hiring, and Retention Practices

A study by a top U.S. research firm found that companies in the top quartile for diversity were 35% more likely to have financial gains above their respective industry counterparts.

Best practices for recruitment and hiring include:

• Prioritizing widescale recruitment efforts to attract a larger pool of applicants from a variety of backgrounds.
• Using panel interviews to eliminate bias.
• Setting standardized criteria for evaluating candidates based on skills and experience.
• Ensuring accessible recruitment and hiring practices.

Statements of Support:

James E. Rooney, President & CEO of the Greater Boston Chamber of Commerce:

“The Chamber appreciates the Attorney General’s guidance as the Commonwealth’s employers strive to create economic opportunity for all of its residents.”

Brooke Thomson, President & CEO of Associated Industries of Massachusetts:

“Companies that prioritize a culture of diversity and equity are more dynamic, competitive, innovative, and resilient.”

Rahsaan D. Hall, President & CEO of The Urban League of Eastern Massachusetts:

“Diversity Equity and Inclusion policies exist to create opportunities for professionals to be considered on merit.”

###