In response to the Trump administration’s targeting of “illegal DEI and DEIA policies,” Hawaii attorney general Anne Lopez and 15 other state attorneys general have issued a guidance for businesses, nonprofits and other organizations. 

What You Need To Know

  • Among the first directives issued by the president following his inauguration nearly a month ago was an executive order directing federal agencies to 'combat illegal private-sector DEIA preferences, mandates, policies, programs, and activities'
  • The AGs assert that such initiatives are not the same as illegal hiring or promotional preferences to individuals based on protected characteristics
  • The AGs argue that DEIA practices are not only legal but also help to reduce litigation risk, foster the development of inclusive and respectful workplaces, protect employees and improve business performance

“Contrary to what the Trump administration is telling people, efforts to seek and support diversity, equity, inclusivity and accessibility in the workplace are not illegal and the federal government cannot prohibit these efforts in the private sector through an executive order,” Lopez said in a statement released on Thursday. 

Among the first directives issued by the president following his inauguration nearly a month ago was an executive order directing federal agencies to “combat illegal private-sector DEIA preferences, mandates, policies, programs, and activities.”

The AGs assert such initiatives are not the same as illegal hiring or promotional preferences to individuals based on protected characteristics.

“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,” the guidance states.

The AGs argue that DEIA practices are not only legal but also help to reduce litigation risk, foster the development of inclusive and respectful workplaces, protect employees and improve business performance. They noted that more than 285,000 discrimination complaints were filed in their states alone over the last five years.

The guidance also included a set of DEIA best practices.

Joining Lopez in issuing the guidance were the attorneys general of Arizona, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon and Vermont. 

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.