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Attorney General Footnote Addresses Educational Cultural or Historic Observances

February 18 2025

By: Susie Cirilli

Employers have been navigating a deluge of Executive Orders since the change in administrations. There are two new Executive Orders that address Diversity Equity and Inclusion (DEI).

These Executive Orders and related memos and directives (such as the Memorandum from OMB (discussed here) and the Memorandum from the Attorney General (discussed here) force employers to digest the wave of Executive Orders and Memos at an intense pace.

This environment leaves some businesses paralyzed and unsure on what can be celebrated and observed. It is worth noting that the Attorney General included in a footnote that provides guidance to businesses:

This memorandum is intended to encompass programs, initiatives, or policies that discriminate, exclude, or divide individuals based on race or sex. It does not prohibit educational, cultural, or historical observances- such as Black History Month, International Holocaust Remembrance Day, or similar events- that celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination.

The Attorney Memo does not identify what are deemed “educational, cultural or historic observances.” Below are some examples of Heritage and History Months that are recognized:

  • State Department – Black History Month, Women’s History Month, Arab American Heritage Month, Jewish American Heritage Month, Asian American, Native Hawaiian, and Pacific Islander Heritage Month, Military Appreciation and National Veterans and Military Families Months, Caribbean-American Heritage Month, Immigrant Heritage Month and World Refugee Day, Hispanic Heritage Month.
  • United States Courts— African American History Month, Women’s History Month, Asian Pacific American Heritage Month, LGBTQ Pride Month, Hispanic Heritage Month, Native American Heritage Month

Businesses in all sectors have been tasked with addressing the implications of each and every order and related government actions. It is crucial for businesses to consult with counsel to understand their impact. It is also crucial to businesses to read the footnote of the AG’s memo and understand that they can celebrate Black History Month.