Coalition of Attorneys General Reaffirms Legality and Value of Inclusive Hiring Practices
In an era where political maneuvering threatens to undermine progress, Minnesota Attorney General Keith Ellison is taking a stand. On February 13, Ellison, alongside a coalition of 16 attorneys general, issued guidance reinforcing the legality and necessity of diversity, equity, inclusion, and accessibility (DEIA) initiatives in workplaces across the country. The directive comes in response to mounting concerns from businesses following a Trump Administration Executive Order that seeks to discredit and limit DEIA policies in hiring, retention, and employee engagement.
For employers wondering whether their DEIA programs are under threat, Ellison and his fellow attorneys general are offering a clear message: inclusive workplaces are not only legal but essential for business success and social progress.
DEIA Is Not Discrimination—It’s Smart Business
Critics of DEIA initiatives often conflate inclusive hiring practices with illegal discrimination, an argument that legal experts have consistently refuted. The Trump Administration’s recent order directing agencies to “combat illegal private-sector DEIA preferences” misrepresents the intent and function of these programs.
Ellison, known for his unwavering commitment to justice and equity, called out the overreach of such policies. “It is the height of both immorality and government overreach for Donald Trump to use the federal government to bully private businesses into abandoning their commitments to tolerance, diversity, and inclusivity,” he said.
As the coalition’s guidance makes clear, state and federal courts have long recognized that DEIA policies do not constitute discrimination. In fact, the very laws designed to prevent workplace discrimination often require businesses to be mindful of how their policies impact different employee groups. By proactively addressing bias, employers not only comply with legal standards but also create a more dynamic and successful workforce.
A Business Case for Inclusion
Beyond legal compliance, DEIA programs have been proven to drive better business outcomes. A landmark study found that companies in the top quartile for diversity are 35% more likely to outperform industry peers financially. Inclusive workplaces foster collaboration, reduce turnover, and enhance employee morale.
The coalition’s guidance outlines several best practices for fostering equitable workplaces, including:
- Expanding recruitment efforts to attract a wider and more diverse talent pool.
- Using panel interviews to reduce individual biases in hiring decisions.
- Setting standardized evaluation criteria focused on skills and experience rather than subjective preferences.
- Ensuring accessibility in all hiring and employment processes, including reasonable accommodations.
Retention is just as crucial as recruitment. Organizations that invest in mentorship programs, employee resource groups (ERGs), and professional development initiatives see higher engagement and lower attrition rates. According to Culture Amp’s 2024 Workplace DEI report, 84% of employees who believe their companies value diversity report high engagement levels, compared to only 20% in less inclusive environments.
A Call to Action for Employers
For business owners, executives, and HR professionals, Ellison’s message is a call to action: stand firm in your commitment to inclusive workplaces. The federal government cannot ban private-sector DEIA initiatives through an Executive Order, and companies that remain dedicated to diversity will continue to thrive.
The coalition, led by Massachusetts Attorney General Andrea Joy Campbell and Illinois Attorney General Kwame Raoul, includes top legal officials from 14 additional states. Together, they emphasize that businesses should not be intimidated into abandoning policies that support marginalized employees, promote fairness, and ultimately contribute to a stronger workforce.
While political winds may shift, the foundation of workplace equity remains strong. Employers who champion DEIA today will be on the right side of history tomorrow.
For businesses seeking further guidance, the full statement from the coalition is available through the Minnesota Attorney General’s Office.