Massachusetts Attorney General Andrea Campbell issued official guidance Feb. 13 along with 15 other states regarding diversity, equity, inclusion and accessibility employment initiatives.
The document states its purpose is to help businesses and organizations “understand the continued viability and important role of diversity, equity, inclusion, and accessibility efforts (sometimes referred to as ‘DEI’ or ‘DEIA’ initiatives) in creating and maintaining legally compliant and thriving workplaces.”
The guidance comes in response to President Donald Trump’s Jan. 21 executive order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The order called for the termination of all DEI and DEIA policies within all executive departments and agencies.
“Illegal DEI and DEIA policies not only violate the text and spirit of our longstanding Federal civil-rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system,” the order states.
The Department of Education issued a letter Feb. 14 directing state departments of education to eliminate DEI programming or lose federal funding. Previously, the department removed all mentions of DEI programs from its websites and placed employees who led DEI initiatives on leave.
Schools like the University of Cincinnati and the University of Pennsylvania have removed references to diversity, equity and inclusion across their websites and documentation. UMass Boston’s DEI page was renamed last month to “inclusion and belonging,” and references to diversity were briefly removed from the page, although administration said the changes were not related to Trump administration policies.
According to the guidance, Trump’s claim that DEI programs are unlawful is false. Employer discrimination is illegal under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. However, according to the guidance, “policies and practices that promote diversity, equity, inclusion, and accessibility are not the same as preferences in individual hiring and promotion decisions that have been found to be unlawful.”
“By mislabeling these practices as ‘DEIA,’ the Executive Order creates confusion as to lawful practices and policies to promote diversity, equity, inclusion, and accessibility,” the guidance states. “To be clear: the Executive Order cannot and does not prohibit otherwise lawful practices and policies to promote diversity, equity, inclusion and accessibility.”
This guidance is not the first response to the executive order. Campbell first issued a statement Jan. 31 in partnership with twelve other states condemning Trump’s actions and arguing for the upholding of DEI programs.
The employment guidance expands upon this statement, citing various studies and personal experiences from attorneys general to declare the merit of DEI programs.
“Properly developed and implemented initiatives aimed at ensuring that diverse perspectives are included in the workplace help prevent unlawful discrimination,” the guidance says. “These types of policies, procedures, and programming help prevent discriminatory conduct and harassment from occurring.”
In addition to arguing for the continued implementation of DEI programs, the document issues guidance to businesses and organizations surrounding proper employee support. Companies are encouraged to use widespread, accessible recruitment to find employees from various backgrounds and support current employees by creating support spaces and conducting inclusion training.
“I am proud to partner with my AG colleagues to empower businesses and encourage them to be courageous in maintaining their lawful diversity, equity, inclusion and accessibility programs,” Campbell said in a statement alongside the guidance.
Campbell stated in a Feb. 19 interview that her team will continue to support Massachusetts residents. “That’s our jobs, to serve our people, in elected office,” she said. “And so we’re up for the challenge, and we won’t get distracted by how fast things are coming, by the noise or the fear mongering coming from the federal administration.”
