The Author
DEI Programs as a Source of Liability for Law Firms and Other Businesses
Whether internally or with clients, law firms should consider changes to programs that may still meet the goal of increasing underrepresented populations without running afoul of claims alleging racial discrimination. Creative solutions may be available, and attorneys should be discussing these options with their clients.
From a risk management perspective, law firms should engage in an internal review of their own DEI initiatives and programs. Practices and programs that were once compliant with applicable law may no longer be.
Abstract:
Two recent cases against international law firms point to this emerging trend in litigation that could have widespread implications for diversity, equity, and inclusion (DEI) programs. In the wake of this year’s U.S. Supreme Court opinion striking down the use of race in college admissions, there was much speculation about the impact these rulings might have outside of the academic context—and that remains an unanswered question. However, two recent cases filed against international law firms for their DEI fellowships could be indicators of the impact for law firms and other private businesses.