Since returning to office, President Trump has taken executive actions to remove DEI initiatives and programs from the workplace. However, sixteen state attorney generals have issued a letter stating that DEI should remain legal. Their message is that well-structured DEI programs are lawful and are crucial in fostering fair, compliant, and productive workplaces.
The Attorney General Letter
Originally issued by attorney generals Andrea Joy Campbell of Massachusetts and Kwame Raoul of Illinois, the letter serves as a legal clarification and a practical guide for employers. The main points of the letter include how DEI programs are legal, how DEI actually benefits businesses, and the many misconceptions surrounding what DEI initiatives really mean.
According to the attorney generals, DEI is legal and consistent with Title VII of the Civil Rights Act and state-level anti-discrimination laws. There is a responsibility to ensure equal opportunity is not discriminatory. The attorney generals also state that the media inaccurately portrays DEI. There is a difference between illegal actions—for example, quotas, preferences, workforce balancing—and lawful practices—like broad outreach efforts, anti-bias training, and the use of data to identify potential disparities. In fact, there is evidence that DEI actually improves workplaces because diverse workplaces tend to perform better, have lower turnover, and promote more innovation.
What Employers Can Expect
Although this attorney general letter has pledged support for business DEI programs, there is likely to be more federal scrutiny to come. Therefore, employers can expect increased state agency attention, more states to come forward with their own stand against anti-DEI efforts, and evolving federal and state requirements. It is important to remain vigilant at this time and ensure that policies align with all changes to come.
The Next Steps
In these uncertain times, here are a few things employers can do to remain prepared.
Review Business Policies: Review DEI programs to ensure federal and state law compliance. Add language demonstrating that your company does not enforce illegal quotas or identity-based preferences if necessary.
Document All Compliance Efforts: Maintain records of DEI-related decisions and their business justifications. Track training participation and demographic monitoring practices.
Review DEI Training Programs: If you offer training on unconscious bias, inclusive leadership, or legal DEI parameters, make sure your trainers explain DEI goals clearly and legally.
Communication: Make sure to update internal messaging to reflect a commitment to fairness and legal compliance. Remind employees that DEI efforts aim to create opportunity for all, not favoritism for any specific group or individual.
We will continue to monitor all developments that could impact your workplace.