Leadership Center for Attorney General Studies

BOSTON — Massachusetts Attorney General Andrea Joy Campbell has co-led 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 concerns from employers following a Trump Administration Executive Order that purportedly targets “illegal DEI and DEIA policies.” Importantly, 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 Executive Order.

“The President’s Order is an attempt to bully employers into eliminating lawful policies that we know reduce complaints of illegal discrimination, increase a company’s bottom line, and improve workforce culture and consumer experience,” said AG Campbell. “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.”

Diversity, Equity, Inclusion and Accessibility Initiatives are Consistent with Federal and State Law

The federal government has recently targeted private sector diversity, equity, inclusion and accessibility policies and practices through an Executive Order directing agencies to “combat illegal private-sector DEIA preferences, mandates, policies, programs, and activities.” This 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.

Instead, diversity, equity, inclusion and accessibility practices focus on ensuring that businesses can recruit, hire, and retain qualified employees, and that workplaces provide support needed for all employees to develop their skills and contribute to the success of the business.

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 in order to avoid and limit liability for unlawful conduct.

Diversity, Equity, Inclusion and Accessibility Initiatives Help Businesses Prevent Workplace Discrimination

Over the last five years, more than 285,000 discrimination complaints were filed by employees in the coalition’s states alone, more than 4,700 of which were filed in Massachusetts. In their guidance, the coalition reminds businesses that state and federal law prohibits discrimination in the workplace on the basis of race, sex, national origin and other protected characteristics. In order to effectively avoid liability for discrimination, employers must take steps to proactively prevent and address discrimination, including by identifying and remediating policies and practices that have an unlawful impact on current and prospective employees. 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.

Diversity, Equity, Inclusion and Accessibility Initiatives Foster Inclusive Recruiting, Hiring, and Retention Practices

A study by a top U.S. research firm found that companies in the top quartile for diversity were 35% more likely to have financial gains above their respective industry counterparts. When diversity, equity, inclusion and accessibility principles are embedded within an organization’s culture, they reduce bias, boost workplace morale, foster collaboration, and create opportunities for all employees. Diverse organizations that prioritize inclusivity tend to outperform their peers, with higher returns, lower turnover, and a more attractive workplace for top talent.

The coalition’s guidance highlights 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.
• Ensuring accessible recruitment and hiring practices and protocols, including reasonable accommodations as appropriate.

Additionally, organizations that offer benefits such as employee resource groups, mentorship programs, professionalism trainings and work groups focused on diversity, equity, inclusion and accessibility are proven to have heightened employee retention and engagement. 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. Best practices for professional development and retention include:

• Ensuring equal access to all aspects of professional development, training and mentor programs that provide clear pathways for career growth.
• 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.
• Ensuring equal access to all aspects of employment, including through reasonable workplace accommodations.

Joining AG Campbell in issuing this guidance, which she co-led with Illinois Attorney General Kwame Raoul, were the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon, and Vermont.

Statements of Support: 

James E. Rooney, President & CEO of the Greater Boston Chamber of Commerce: “The Chamber appreciates the Attorney General’s guidance as the Commonwealth’s employers strive to create economic opportunity for all of its residents. Workplaces that embrace a variety of backgrounds and perspectives tend to achieve more success for their enterprise and customers, and produce inclusive career pathways for their workforce, benefiting everyone. The Chamber continues to pursue the goal of making Greater Boston the best place for all businesses and all people to thrive and I thank the Attorney General for clarifying the Commonwealth’s legal stance on workplace diversity.” 

Brooke Thomson, President & CEO of Associated Industries of Massachusetts: “Associated Industries of Massachusetts (AIM) and its 3,400 member companies appreciate the attorney general’s guidance for Massachusetts businesses because we know that well-designed diversity, equity, inclusion, and accessibility practices improve business performance. Companies that prioritize a culture of diversity and equity are more dynamic, competitive, innovative and resilient. AIM believes that business is a positive force for change, and we recommit ourselves to an inclusive vision of economic growth in which every business and every individual in Massachusetts shares in the economic prosperity of the commonwealth.” 

Rahsaan D. Hall, President & CEO of The Urban League of Eastern Massachusetts: “We cannot let fear prevent us from doing what is right. For generations people of color, women, and people from other protected categories were not hired despite their qualifications. Diversity Equity and Inclusion policies exist to create opportunities for professionals to be considered on merit. The Urban League of Eastern Massachusetts is thankful to Massachusetts Attorney General Andrea Campbell for standing firm and clearly stating the legal standards to ensure both the public and private sector continue to create opportunities for people from historically marginalized and overlooked groups to be hired, promoted and contribute to the overall success of any organization.”

Malia Lazu, MIT Sloan Lecturer: “DEI is America’s superpower when competing in a global economy. It’s important CEOs understand what they can continue to do moving forward. Attorney General Campbell releasing these guidelines should build the confidence of business leaders who want to continue to build a healthy and thriving economy.”

Rob McCarron, President & CEO of AICUM: “We are sincerely grateful for Attorney General Campbell’s support and the guidance her office has offered on this and other important issues. The member institutions of the Association of Independent Colleges and Universities in Massachusetts are unwavering in their commitment to creating campus communities where staff, faculty and students are able to experience a genuine sense of belonging.”

JD Chesloff, President & CEO of Massachusetts Business Roundtable: “The Roundtable is grateful to Attorney General Campbell for seeking to provide guidance and best practices for diversity, equity, and inclusion programs as Massachusetts employers navigate the uncertainty surrounding these initiatives.”

Greg Reibman, President & CEO of Charles River Regional Chamber: “We applaud AG Andrea Campbell for affirming that incorporating diversity, equity, inclusion, and accessibility best practices is a nonnegotiable legal responsibility for employers and that it’s also an ethical choice that’s proven to benefit companies’ bottom line. Businesses and nonprofits across Massachusetts should take pride in the collective progress made since the 2020 murder of George Floyd. This moment we find ourselves in today should be a renewed wake-up call, not an opportunity to retreat from our collective responsibility to create more diverse and welcoming workplaces and communities.”

Jim Klocke, CEO of Massachusetts Nonprofit Network: “MNN is grateful to the Attorney General’s Office for issuing this vitally important guidance and for working with MNN to support and strengthen the sector in this critical time.”

Timothy P. Murray, President & CEO of Worcester Regional Chamber of Commerce: “The number one issue the Worcester Regional Chamber of Commerce hears from our Chamber member businesses of all sizes and sectors is the need for a talented and motivated workforce. In order to successfully meet these critical workforce needs, employers must engage talent that exists across all population demographics. Employers that promote inclusionary best practices and policies for diverse populations will be the most successful in meeting their workforce requirements providing economic opportunity for all of the Commonwealth’s residents.”

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