Attorney General Keith Ellison has joined a coalition of 16 attorneys general to provide guidance on diversity, equity, inclusion, and accessibility (DEIA) initiatives in the workplace. This move aims to clarify the legality and importance of such policies amidst concerns stemming from a Trump Administration Executive Order targeting "illegal DEI and DEIA policies."
The guidance asserts that efforts to create diverse, equitable, inclusive, and accessible workplaces are not illegal. "It is the height of both immorality and government overreach for Donald Trump to use the federal government to bully private businesses into abandoning their commitments to tolerance, diversity, and inclusivity," stated Attorney General Ellison.
The federal order directs agencies to address "illegal private-sector DEIA preferences." However, the coalition emphasizes that these initiatives do not equate to unlawful hiring or promotional preferences based on protected characteristics. Instead, they aim to recruit qualified employees while supporting all workers in developing skills necessary for business success.
Courts have long upheld that DEIA policies do not constitute impermissible discrimination. Employment discrimination laws require attention to policy impacts on different groups to avoid liability for unlawful conduct. The coalition's guidance reminds employers that state and federal law prohibits workplace discrimination based on race, sex, national origin, among other characteristics.
A study indicated companies with high diversity levels were 35% more likely to experience financial gains above industry counterparts. Embedding DEIA principles within an organization's culture reduces bias and fosters collaboration. According to Culture Amp’s 2024 Workplace DEI report, employees who believe their company values diversity show significantly higher engagement levels.
Joining AG Ellison in this initiative are Massachusetts Attorney General Andrea Joy Campbell and Illinois Attorney General Kwame Raoul along with attorneys general from Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Nevada, New Jersey, New York, Rhode Island, Oregon, and Vermont.