On February 13, 2025, the Attorney General for the Commonwealth of Massachusetts, along with 15 other Attorneys General, issued guidance around DEI programs and efforts within the workplace. The guidance clearly states that any organization that seeks to “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.” These Attorneys General state that targeted private sector businesses is unlawful. DEI programs “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.”
These efforts and programs have existed for decades and have survived the continuous attacks to dismantle their implementation in the workplace. They are powerful tools to achieve business success and marketplace competitiveness and remain lawful tools to avoid liability for discrimination and promote healthy and engaged workplaces. This guidance was co-authored by the following Attorneys General: Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon, and Vermont.
