Big Law DEI initiatives targeted by US federal civil rights agency News
The Trump White House, Public domain, via Wikimedia Commons
Big Law DEI initiatives targeted by US federal civil rights agency

The US Equal Employment Opportunity Commission (EEOC) issued letters on Monday to 20 prominent “Big Law” firms, expressing concerns that their diversity, equity and inclusion (DEI) initiatives may contravene federal anti-discrimination laws.

The letters requested comprehensive data on these firms’ DEI programs, including details on internships, scholarships, fellowships, hiring practices and compensation structures. Additionally, the EEOC requested demographic information regarding the sex and race of all lawyers employed or who applied since 2019, along with their participation in diversity programs or affinity groups.

The EEOC cited Title VII of the Civil Rights Act of 1964 as the legal basis of the requests. Title VII prohibits an employer from discriminating against an individual because of race, color, religion, sex or national origin. EEOC jurisdiction extended to the action as the agency is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. EEOC laws cover most employers with at least 15 employees.

This action aligned with President Donald Trump’s efforts to dismantle DEI initiatives across various public and private sectors. The administration previously issued executive orders targeting affirmative action and has threatened to withdraw federal funding from institutions that maintain DEI programs. These measures prompted legal challenges, including lawsuits from entities like the City of Baltimore and academic associations, alleging constitutional violations.

The Trump administration has been accused of undermining the rule of law by targeting law firms and lawyers who previously represented political opponents or participated in legal actions against Trump and associates. Relatedly, the American Civil Liberties Union warned that the executive order ending DEI initiatives is an attack on the infrastructure of racial justice in the country.  The order is facing legal challenges, with plaintiffs arguing the order violates the right to protected speech activity, including expressing their DEI viewpoints.