California Affirms Support of DEI Policies
Upon assuming office, President Trump issued an Executive Order aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) initiatives. Following the action from the Trump Administration, more than a dozen states, including California, responded by affirming their intent to support DEI policies. Sixteen states joined to issue Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives (“Guidance”). Here, our California employment lawyer for employers provides an overview of the Guidance. Please note, however, that Sloat Law Group is not, by this blog, promoting any position on the Guidance or DEI policies.
Three Points Employers in California Should Know About the Multi-State Guidance
- Officials Contend that DEI Initiatives Help Companies Prevent Workplace Discrimination
In the Guidance, state officials emphasize that well-structured Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives help companies prevent workplace discrimination and reduce legal exposure. According to the multi-state Guidance, employment discrimination remains a widespread issue, with employees filing hundreds of thousands of complaints in recent years. Employment laws bar intentional discrimination, policies with disparate impacts, and workplace harassment based on protected characteristics. These officials argue that research shows that proactive DEI programs help employers identify and mitigate discriminatory practices before they escalate into bigger problems. Beyond legal compliance, the officials argue that inclusive workplaces can also help to improve morale, enhance collaboration between co-workers, and boost overall profitability for the business.
- Officials Contend that DEI Initiatives are Consistent with Both State and Federal Law
California regulators acknowledge that the Trump Administration has brought big changes to the federal view of DEI policies. With that being said, the multi-state Guidance also notes that DEI initiatives remain fully consistent with both state and federal law when employers implement them correctly. The officials emphasize that the Executive Order targeting private-sector DEIA policies does not prohibit lawful diversity efforts but instead restates existing legal principles against hiring preferences based solely on protected characteristics. The Guidance also states that courts have long upheld the legality of such initiatives and that employers should confidently implement DEI strategies going forward.
- In the Guidance, Officials Offer Best Practices for DEI Policies for Employers
Finally, the multi-state Guidance offers some “best practices” for DEI policies in the sixteen states that signed the initiative, including California. Here is the guidance for employers:
- Recruitment and Hiring: Employers should explain their outreach efforts to applicants in order to ensure that they can effectively attract talent from underrepresented groups. However, they should also standardize candidate evaluation criteria to focus on skills and experience when hiring new employees.
- Professional Development and Retention: Employers should offer professional development opportunities for all employees, including leadership training and skills-building programs.
- Assessment and Integration: Officials encourage employers to track and measure the company’s progress. Among other things, this includes regularly reviewing hiring, retention, and promotion data to assess the effectiveness of DEI initiatives and development opportunities.
DEI policies are hotly debated across the country and are the subject of litigation. Some courts have held them to be unconstitutional. Employers should know that they are not required implement DEI policies, per se, but must have anti-discrimination and anti-harassment policies in place for their work environment. Employers have options for compliant discrimination policies and should check with a labor lawyer to understand those options before implementing them for a particular business.
Contact Our California Employment Lawyer for Employers Today
At Sloat Law Group, APC, our California employment law attorney is standing by, ready to protect your rights and your interests as an employer. If you have any specific questions or concerns about an employment law issue or DEI initiatives, please do not hesitate to contact us today. We provide employment law services statewide in California.
Source:
oag.ca.gov/system/files/attachments/press-docs/DEI%20Guidance%202.13%20FINAL.pdf
