Massachusetts joins 15 other states to issue workplace DEIA guidance

On February 13, 2025, state attorneys general (AGs) from 16 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are issuing this Guidance to 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 guidance was issued in response to concerns from many in the private sector about DEI or DEIA initiatives following President Trump’s Executive Orders  (EOs) that (1) rescind affirmative action requirements in government contracting, and (2) direct federal agencies to aggressively pursue “illegal DEI” programs and policies of both government contractors and private employers. The guidance aims to clarify the legality and utility of such programs for businesses, nonprofits, and other organizations operating in those 15 states.

What is DEIA and how does it differ from affirmative action?

DEIA and affirmative action overlap in some ways and differ in others. DEIA and affirmative action share the goal of promoting diversity in the workplace.