February 13, 2025 brought welcome news in the ongoing resistance to the federal executive orders attacking diversity, equity, inclusion, and accessibility. The Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives is a breath of fresh air (like the flower breaking through pavement illustrating this article) in the face of illegal and unjust pronouncements from the oval office.
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The Guidance was jointly published by Attorneys General from 16 states to, in their words:
help businesses, nonprofits, and other organizations operating in our respective states 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 sixteen states are (in the order they chose to list themselves) Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont.
The Multi-State Guidance, a five page memo, explains how the executive orders confuse what the top lawyers call “unlawful preferences in hiring and promotion” on the one hand, with “sound and lawful best practices for promoting diversity, equity, inclusion, and accessibility in the workforce.”
The memo recognizes that DEIA initiatives help businesses prevent discrimination in the workplace. It includes sections on why these efforts are consistent with federal and state law. And it offers examples of best practices for diversity, equity, inclusion, and accessibility.
Like the lawsuit seeking to stop implementation of the DEIA executive orders, the Attorneys General action is an act of resistance in the face of a rogue federal government and a want-to-be-dictator and his cronies bent on destroying the values of a just American society.
Some quotes from the Guidance signed by top lawyers in 16 states
Here are a few of my favorite quotes from the Attorneys General memo. I encourage everyone to read the five page document linked at the top of this article. It includes so many useful facts and arguments to push back against sweeping efforts by trump and musk to eliminate all initiatives designed to promote core values of a just and equitable society.
Importantly, diversity, equity, inclusion, and accessibility best practices are not illegal, and the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandates the wholesale removal of these policies and practices within private organizations, including those that receive federal contracts and grants.
Employment policies incorporating diversity, equity, inclusion, and accessibility best practices are not only compliant with state and federal civil rights laws, but they also help to reduce litigation risk by affirmatively protecting against discriminatory conduct that violates the law.
People opposed to programs supporting diversity, equity, inclusion, and accessibility claim that the programs involve hiring less qualified candidates. On the contrary, companies that value diversity, equity, inclusion, and accessibility promote the American dream, and related programs help to attract and retain top talent from all backgrounds to ensure that companies hire and retain the best candidate for each position, making companies more profitable
When companies have such [DEIA] policies, employees are less likely to be subjected to unlawful discrimination, and companies are less likely to be held liable for such discriminatory conduct. This is in addition to the benefits of well-designed diversity, equity,inclusion, and accessibility practices in improving business performance – making companies that prioritize a culture of diversity and equity more dynamic, competitive, and resilient. Companies should be fully confident that they can continue to implement these policies and programs to advance their business objectives and help ensure they remain compliant with state and federal civil rights laws.
The Law Office of Lainey Feingold thanks the top lawyers in the 16 states who published this Memorandum. I hope organizations are able to use the Guidance discussed here to strengthen their resolve for workplace diversity, equity, inclusion and accessibility in the face of the threats and bullying coming from Washington.
My plea to the organizations doing business in these 16 states and others: 16 top lawyers have your back. Please use this knowledge and don’t “obey in advance” by backing away from DEIA best practices that make workplaces more inclusive and safer for everyone.
New to the warning “Don’t obey in advance?” It is from Timothy Snyder’s book “On Tyranny” and is described by Snyder, a Yale University historian, as follows:
Do not obey in advance. Much of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then start to do it without being asked. You’ve already done this, haven’t you? Stop. Anticipatory obedience teaches authorities what is possible and accelerates unfreedom.Timothy Snyder excerpt from On Tyranny
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