California Attorney General Rob Bonta, along with a coalition of 16 attorneys general, has released guidance to assist businesses and organizations in understanding the significance of diversity, equity, inclusion, and accessibility (DEIA) policies. This guidance addresses concerns arising from an executive order by President Trump targeting DEIA initiatives.
Bonta emphasized that these initiatives are not illegal and cannot be prohibited by an executive order. "The Civil Rights Act of 1964. The Americans with Disabilities Act. The Age Discrimination in Employment Act. All of these ‘diversity, equity, and inclusion’ laws have made our country fairer and stronger," he stated. He urged California businesses to ignore what he described as scare tactics from the administration.
The guidance clarifies that DEIA initiatives are consistent with both federal and state law. It distinguishes between lawful practices supporting diversity and unlawful preferences based on protected characteristics. These initiatives aim to ensure workplaces can recruit, hire, and retain qualified employees while fostering respect and belonging.
Research indicates that DEIA initiatives help prevent workplace discrimination by proactively addressing policies that may have unlawful impacts on employees. A study cited in the guidance found companies with high diversity levels were 35% more likely to outperform their industry peers financially.
The coalition's guidance includes best practices for recruitment and hiring such as broad recruitment efforts, panel interviews to reduce bias, standardized evaluation criteria focused on skills and experience, and accessible recruitment practices including reasonable accommodations.
For professional development and retention, it suggests ensuring equal access to training programs, establishing Employee Resource Groups for inclusive spaces, conducting training on unconscious bias and inclusive leadership, and providing reasonable workplace accommodations.
Attorney General Bonta is joined by attorneys general from Massachusetts, Illinois, Arizona, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon, and Vermont in issuing this guidance.
A copy of the full guidance is available for public access.