RI Attorney General issues multistate guidance for businesses on Diversity, Equity, Inclusion, and Accessibility
“Terms like equity, & accessibility should not be controversial, & the prioritization of diverse, equitable, inclusive and accessible workplaces should not be conflated with illegal hiring practices."
From a press release:
Rhode Island Attorney General Peter Neronha joined 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 responds to employers’ concerns 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 an Executive Order.
“Much of the current conversation around diversity, equity, inclusion, and accessibility is dishonest,” said Attorney General Neronha. “Terms like equity and accessibility should not be controversial, and the prioritization of diverse, equitable, inclusive, and accessible workplaces should not be conflated with illegal hiring practices. Diversity of perspectives and backgrounds helps workplaces everywhere flourish and has made our country unquestionably stronger, yet many have weaponized terms like ‘DEI’ with thinly veiled intentions. On the contrary, diversity, equity, inclusion, and accessibility practices help combat discrimination, not the other way around. This Administration and its allies are fabricating issues to distract the American people. Don’t let them.”
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 the support needed for all employees to develop their skills and contribute to the business’s success.
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 consider 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 states alone. In their guidance, the coalition reminds businesses that State and federal law prohibits discrimination in the workplace based on race, sex, national origin, and other protected characteristics. To effectively avoid liability for discrimination, employers must proactively prevent and address discrimination 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 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 prioritizing 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 more applicants from various backgrounds.
Using panel interviews, which ensure that multiple people are involved in a hiring or promotion recommendation, helps 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, professional training, 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.
Establishing Employee Resource Groups (ERGs) will create inclusive and supportive spaces where employees of particular backgrounds or common experiences feel valued and heard.
Conducting training on unconscious bias, inclusive leadership, and disability awareness to improve employee confidence and create a shared understanding of cultural norms.
Ensuring equal access to all aspects of employment, including through reasonable workplace accommodations.
Attorney General Neronha is joined by the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont in issuing this guidance.