(WAND) - Illinois Attorney General Kwame Raoul and Massachusetts Attorney General Andrea Campbell are leading 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 policies and practices in creating and maintaining legally compliant and thriving workplaces."
The guidance comes in response to a Trump Administration executive order that targets “illegal DEI and DEIA policies.”
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 an executive order, Raoul said.
“Diversity, equity, inclusion and accessibility initiatives do more than prevent discrimination – they promote respect, understanding and the celebration of diverse perspectives. This means ensuring that people of diverse races, backgrounds and beliefs are present and valued in workplace and educational settings, that everyone receives fair treatment and equal access to opportunities, and that individuals or groups feel welcomed and supported in those settings,” Raoul said. “As Illinois’ chief law enforcement officer, I am committed to enforcing federal and state civil rights laws to protect the rights of all people in Illinois and across the nation against discriminatory practices. Alongside my fellow attorneys general, we condemn discrimination in any form.”
Raoul said President Trump's order conflates valid and legal programs and practices supporting diversity, equity, inclusion and accessibility with unlawful preferences in hiring and promotion. The coalition’s guidance reminds organizations that these initiatives are not the same as illegal hiring or promotional preferences to individuals based on protected characteristics.
"For decades, state and federal courts have consistently recognized that diversity, equity, inclusion and accessibility 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 to avoid and limit liability for unlawful conduct," the coalition stated.
In their guidance, the coalition tells businesses state and federal law prohibits discrimination in the workplace on the basis of race, sex, national origin and other protected characteristics. To avoid liability for discrimination, employers must take steps to prevent and address discrimination.
"Decades of research and data demonstrate that properly developed and implemented diversity, equity, inclusion and accessibility initiatives help prevent unlawful discrimination and ensure that discriminatory conduct is promptly identified, reported and addressed when it does occur," the coalition said.
The coalition’s guidance highlights what it says are best practices for recruitment and hiring, including:
- Prioritizing widescale recruitment efforts to attract a larger pool of applicants from a variety of backgrounds.
- Using panel interviews, which ensure that multiple people are involved in a hiring or promotion recommendation, helping to eliminate bias.
- Setting standardized criteria for evaluating candidates and employees, focused on skills and experience.
The coalition said, according to Culture Amp’s 2024 Workplace DEI report, employees who strongly believe their companies value diversity are 84% engaged, while those who strongly disagree are 20% engaged.
The coalition said best practices for professional development and retention include:
- Ensuring professional development and mentor programs provide clear pathways for career growth for all employees.
- Setting up Employee Resource Groups (“ERGs”) to create inclusive and supportive spaces where employees of particular backgrounds or common experiences feel valued and heard.
- Conducting training on topics such as unconscious bias, inclusive leadership, and disability awareness to improve employee confidence and create a shared understanding around cultural norms.
Joining Attorneys General Raoul and Campbell in issuing this guidance are the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Maine Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon and Vermont.
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