Trump Targets BigLaw Over DEI
President Donald Trump has signed an executive order aimed squarely at the top 50 big law firms in the U.S., focusing on their diversity, equity, and inclusion (DEI) policies.
The move was revealed in an executive order signed by Trump on 6 March and targeting Perkins Coie for its work for Democrats, including presidential candidate Hillary Clinton in the run-up to the 2016 election.
The development marks a new front in Trump’s ongoing crusade against DEI initiatives, bringing the issue directly into the heart of Biglaw and unsettling law firms with the removal of security clearances for Perkins Coie employees.
Key Points
Trump has directed the chair of the Equal Employment Opportunity Commission (EEOC) to review the practices of large law firms for compliance with Title VII of the Civil Rights Act of 1964, which includes examining whether firms reserve positions like summer associate spots for specific racial groups, promote individuals based on discriminatory criteria, or restrict client access and event participation in a discriminatory manner.
Attorney General, Pam Bondi, (pictured) is tasked with partnering with the EEOC and state attorneys general to investigate Biglaw firms that do business with federal entities.
The goal is to ensure compliance with race-based and sex-based non-discrimination laws and take appropriate actions based on findings.
Impact on Big Law
While the executive order does not explicitly name all targeted firms, remarks from Trump suggest that around 15 firms are under scrutiny.
Perkins Coie, however, is one firm that has been singled out for alleged “dishonest and dangerous activity.”
Perkins Coie has been accused of racial discrimination, including implementing percentage quotas for hiring and promotion based on race, which Trump claims violate civil rights laws. The firm has responded by calling the executive order “patently unlawful” and intends to challenge it.
The move could have profound implications for Biglaw firms, which are committed to DEI initiatives but may now face pressure to reevaluate their policies to avoid becoming targets of the administration.
Some firms have already begun removing diversity-related language from their websites, reflecting a cautious approach in the face of potential scrutiny.
Some firms like Perkins Coie are likely to challenge the executive order in court, which could lead to legal battles over the interpretation of civil rights laws and the role of DEI policies in the workplace.
As Kent Zimmermann, principal at Zeughauser Group, noted, law firm leaders generally prefer not to antagonize the administration unnecessarily.
However, Trump’s actions are likely to cause significant disruption and could undermine the progress made by Biglaw firms in promoting diversity and inclusion.
Firms will now need to consider the reputational impact of their DEI policies. While some may choose to quietly adjust their policies, others may see this as an opportunity to reaffirm their commitment to diversity and inclusion, potentially enhancing their reputation among clients and employees.
Interesting move by Trump, targeting BigLaw’s DEI policies directly. It’s one thing to promote equal opportunities, but direct intervention like this raises questions about the autonomy of firms and the larger impact on the legal industry. Would love to see how this unfolds and what the specified ‘compliance’ entails.
Oh sure, because what BigLaw really needs is more governmental oversight on morally subjective grounds. What could go wrong?
It’s essential to scrutinize the nature of these DEI policies, but focusing solely on BigLaw might miss broader systemic issues. Diverse representation is critical, yet there are better ways to achieve it than through executive orders.
I’m curious how Trump’s executive order aligns with the technology sector’s DEI efforts. Do you see any parallels or stark differences in approach? It’s a fine line between ensuring fairness and enforcing quotas.
So, we’re assuming that BigLaw firms don’t know how to handle DEI themselves? Seems a bit of a stretch. What’s next, government-mandated hiring practices across all industries? Slippery slope if you ask me.
Finally, some action! DEI is super important, and it’s great to see it getting attention at the highest levels. Hoping this pushes more firms to take a hard look at their policies! 😊
Here’s the rub – It’s not just about slapping on DEI policies for the sake of optics. It’s about whether these policies actually mean something, or if they’re just ticking boxes. How deep does Trump’s order dig into this, or is it just surface-level scrutiny?
Observing Trump’s executive order through the lens of historical civil rights efforts gives us a fascinating perspective. It’s a delicate balance between ensuring diversity and maintaining meritocracy, echoing debates from the past. One wonders what lessons contemporary policymakers draw from their predecessors.