EEOC Acting Chair Andrea Lucas Writes 20 Law Firms Requesting Information About DEI-Related Employment Practices

By Godson Umejiego, Bureau Chief, The Americas

US Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices.

Based on publicly available information, the letters note concerns that some firms’ employment practices, including those labeled or framed as DEI, may entail unlawful disparate treatment in terms, conditions, and privileges of employment, or unlawful limiting, segregating, and classifying based on race, sex, or other protected characteristics, in violation of Title VII of the Civil Rights Act of 1964 (Title VII).

“The EEOC is prepared to root out discrimination anywhere it may rear its head, including in our nation’s elite law firms,” Lucas said. “No one is above the law—and certainly not the private bar.”

Title VII prohibits an employer from discriminating against an individual because of race, color, religion, sex, or national origin. Under Title VII, an employer initiative, policy, programme, or practice may be unlawful if it involves an employer taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.

Title VII also bars employers from limiting, segregating, or classifying employees based on race, sex, or other protected characteristics in a way that affects their status or deprives them of employment opportunities, including in voluntary employee groups and activities which are employer sponsored. There is no “diversity” exception to these prohibitions. It is the responsibility of the EEOC to enforce the provisions of Title VII with respect to businesses and other private sector employers.

The law firms that received letters from Acting Chair Lucas include:

1. A & O Shearman

2. Debevoise & Plimpton LLP

3. Cooley LLP

4. Freshfields Bruckhaus Deringer LLP

5. Goodwin Procter LLP

6. Hogan Lovells LLP

7. Kirkland & Ellis LLP

8. Latham & Watkins LLP

9. McDermott Will & Emery

10. Milbank LLP

11. Morgan, Lewis & Bockius LLP

12. Morrison & Foerster LLP

13. Perkins Coie

14. Reed Smith

15. Ropes & Gray LLP

16. Sidley Austin LLP

17. Simpson Thacher & Bartlett LLP

18. Skadden, Arps, Slate, Meagher & Flom LLP

19. White & Case LLP

20. WilmerHale

The EEOC has established an email where whistleblowers can submit information to the EEOC about potentially unlawful DEI practices at law firms: lawfirmDEI@eeoc.gov. Whistleblowers should be aware that emailing allegations of unlawful discrimination, harassment, or retaliation to the lawfirmDEI@eeoc.gov email address, does not constitute filing a charge of discrimination. If you suspect you have experienced or witnessed DEI-related discrimination at a law firm, and you wish to file a charge of discrimination, contact the EEOC promptly because there are strict time limits for filing a charge—you can learn more about the process to file a charge at https://www.eeoc.gov/filing-charge-discrimination.

Information obtained from individuals who contact the EEOC is confidential and will not be revealed to the employer until the individual files a charge of discrimination. Your employer may not fire, demote, harass, or otherwise retaliate against you for filing a charge or cooperating with the EEOC. The laws the EEOC enforces make it illegal for an employer to retaliate against someone who files a charge or someone who takes part in an EEOC process, investigation, or lawsuit.