Democratic AGs Tout Role of DEI Initiatives in Preventing Workplace Discrimination

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  • A group of 16 Democratic AGs issued guidance to businesses, nonprofits, and other organizations in response to a Trump Administration Executive Order that had warned that DEI and DEIA (diversity, equity, inclusion, and accessibility) policies may violate civil rights laws.
  • The AG guidance states that DEIA best practices are legal and that the federal government does not have authority to issue an executive order prohibiting lawful activities in the private sector or mandating the wholesale removal of these policies and practices within private organizations, including those that receive federal funding.
  • The AGs further argue that DEIA policies do not constitute unlawful preferences in individual hiring and promotion decisions, and that these initiatives help prevent prohibited workplace discrimination. The guidance provides examples of DEIA best practices in recruitment, hiring, professional development, and retention.
  • We have previously reported on other AG actions concerning the legality of diversity initiatives, including letters sent by Republican AGs to financial institutions and a major retailer, a letter sent by Democratic AGs to another major retailer, and opposing letters sent to Fortune 100 companies.
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