Five prominent law firms in the United States have been accused of operating diversity programs that either exclude white applicants or explicitly favor minorities. Morrison & Foerster and Perkins Coie were sued last month over their minority-only fellowships, and experts suggest that these lawsuits could have broader implications for the legal profession. Other firms being accused of the practice include Wachtell Lipton, Winston & Strawn, Baker McKenzie, Sidley Austin, and Susman Godfrey. These firms have been ranked as some of the top in the country.
The law firms’ diversity programs, which range from paid internships to mentoring programs and cash awards, have stringent criteria based on race. While many white-shoe law firms have initiatives to boost minority representation, these firms stand out by limiting or entirely excluding white applicants.
The potential legal challenges to these discriminatory practices are expected to increase following the Supreme Court’s decision regarding affirmative action, according to Kenneth Marcus, the former Assistant Secretary for Civil Rights at the Education Department during the Trump administration. Some experts believe that these programs violate Title VII of the Civil Rights Act, and complainants argue that they are instances of pay discrimination and favor minority employees.
The recent affirmative action verdict may impact law firms’ decisions in defending race-based programs. Conservative groups they intend to launch a major campaign against radical corporate ‘Diversity, Equity, and Inclusion’ programs. Professor David Bernstein from George Mason University Law School suggests most of these programs violate employment and contracting laws, including one that is ironically referred to as a scholarship but appears to be an employment bonus. In the case of Wachtell, however, experts argue that the firm has explicitly set aside a quota of first-year positions based on race, which they believe is blatantly illegal.
