February 13, 2025
16 State AGs Issue DEI Guidance for Private Sector Employers
On February 13th, Attorneys General from 16 states issued “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.”
The Guidance addresses “Best Practices for Diversity, Equity, Inclusion, and Accessibility.” It suggests, “Organizations should develop practices specific to recruitment and hiring, professional, development and retention, and assessment and integration.” Many of them are aligned with principles and practices I find many employers already use. Others may need clarification. A few examples include:
- Recruitment & Hiring – “Using panel interviews, which ensure that multiple people are involved in a hiring or promotion recommendation, helping to eliminate bias in the hiring process, and to ensure fair and objective decisions.” The guidance does not suggest how panelists should be selected.
- Professional Development and Retention – “Setting up Employee Resource Groups (“ERGs”) to create an inclusive and supportive space where employees of particular backgrounds or common experiences feel valued and heard.” Professionally, I have never been a fan of ERG’s; in my experience they can be as divisive as they are supportive. Handle with care.
- Assessment and Integration – “Establishing work groups to research, collaborate, pilot, and actively participate in crafting strategies that support more inclusive behaviors and practices.” As above, no guidance is provided as to how work group participants should be selected.
Stay tuned for more developments as the courts, federal and state agencies, and more wend their way through these myriad issues.
