Updates on DEI Programs & Policies

Sixteen (California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Washington) Democratic state attorneys general (AGs) have confirmed that diversity, equity, and inclusion (DEI) initiatives are legal and crucial for modern workplaces. This guidance responds to recent actions by the Trump administration against DEI programs. The AGs emphasize that well-structured DEI programs are lawful and help create fair, compliant, and productive workplaces.

Key Points from the AGs' Letter

1. DEI Programs Are Legal: DEI initiatives that promote inclusive work environments comply with federal and state anti-discrimination laws.
2. Clarifying Misconceptions: The AGs clarify that not all DEI programs are unlawful. Illegal actions like quotas are different from lawful practices like anti-bias training and broad outreach efforts.
3. Business Benefits: Diverse and inclusive workplaces perform better, with lower turnover, stronger innovation, and greater competitiveness.

Why the AGs Issued This Guidance

The AGs' letter aims to reassure employers that legal DEI programs remain permissible despite recent federal actions. Properly created DEI programs can help prevent discrimination and reduce legal risks.

Federal enforcement of DEI practices may increase, but supportive states will defend employers following best practices. Multi-state employers should monitor both federal and state developments.

What to Expect:

• Increased State Agency Attention: Especially for companies with federal contracts.
• Further State-Level Guidance: More states may issue similar guidance.
• Evolving Best Practices: Regularly review and update DEI policies to comply with federal and state laws.

Recommended Next Steps:

1. Audit and Adjust Policies: Ensure DEI programs comply with laws and avoid illegal practices like quotas.
2. Document Compliance Efforts: Keep records of DEI decisions and training participation.
3. Review DEI Training Programs: Ensure training explains DEI goals clearly and lawfully.
4. Communicate Consistently: Update internal messaging to reflect a commitment to fairness and legal compliance.

Reach out with your bizhaven HR Business Partner to learn more!