Campbell, 15 other state AGs issue guidance telling employers DEI policies are lawful
Photo | Courtesy of State House News Service
Attorney General Andrea Campbell said Thursday that the U.S. Supreme Court's opinion significantly restricting affirmative action practices was "couched in fear and fear-mongering."
Private sector efforts to seek and support diverse, equitable, inclusive and accessible workplaces are not illegal, a coalition of state attorneys general said Thursday, and the federal government can't prohibit such efforts in the private sector through executive order.
Massachusetts Attorney General Andrea Campbell and 15 of her counterparts issued guidance to help businesses, nonprofits and other organizations understand the "viability and importance" of DEI and accessibility policies in "creating and maintaining legally compliant and thriving workplaces."
The guidance was a direct response to concerns from employers over a President Donald Trump executive order on the topic.
"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," Campbell said in a statement. "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."
The White House said Thursday that the Federal Communications Commission opened an investigation into "discriminatory DEI policies" at Comcast following Trump's executive order "ending such policies."
On X, FCC Chairman Brendan Carr said the agency had ended its promotion of DEI following Trump's executive actions and "will be taking steps to ensure that every company the FCC regulates complies with the civil rights protections enshrined in the Communications Act and agency rules."
In a statement posted to the agency's website, FCC Commissioner Geoffrey Starks reacted to Carr's probe.
"Then-Commissioner Carr blasted the prior administration for acting in a way that 'gives the FCC a nearly limitless power to veto private sector decisions,' " Starks said. "From what I know, this enforcement action is out of our lane and out of our reach. I have asked for a briefing to understand the Enforcement Bureau's theory of the case, the authority relied upon, and any prior precedent. This action gives me grave concern."
In a Jan. 20 executive order, the White House instructed the Office of Management and Budget to "coordinate the termination of all discriminatory programs, including illegal DEI and 'diversity, equity, inclusion, and accessibility' (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government."
The White House in January said the order terminates DEI preference in federal contracting, directs federal agencies to "relentlessly combat private sector discrimination," and "enforces long-standing federal statutes and faithfully advances the Constitution’s promise of colorblind equality before the law."
Campbell's office said the president's order "conflates valid and legal programs and practices supporting diversity, equity, inclusion and accessibility with unlawful preferences in hiring and promotion." The guidance issued Thursday "reminds organizations that these initiatives are not the same as illegal hiring or promotional preferences to individuals based on protected characteristics," the attorney general's office said.
"For decades, state and federal courts have consistently recognized that diversity, equity, inclusion and accessibility policies do not amount to impermissible discrimination," Campbell's office said in a press release. "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."
With its release, the AG's guidance was accompanied by statements of support from the Greater Boston Chamber of Commerce, Associated Industries of Massachusetts, Urban League of Eastern Massachusetts, Mass. Business Roundtable, the Association of Independent Colleges and Universities of Massachusetts, Charles River Regional Chamber, Mass. Nonprofit Network and the Worcester Regional Chamber of Commerce.
"DEI is America's superpower when competing in a global economy," MIT Sloan School of Management lecturer Malia Lazu said. "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."
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