UPDATE: In a March 18 letter addressed to EEOC Acting Chair Andrea Lucas, seven former EEOC officials urged Lucas to withdraw the 20 letters issued to law firms, expressing concerns that Lucas' request for extensive information exceeded the agency's authority under Title VII. The former officials also noted that "no single member of the Commission . . . has the authority to unilaterally change the EEOC's longstanding position on [DEI] efforts." The letter concludes requesting the rescission of the March 17 letters "[t]o preserve the credibility of the Commission[.]"
In the Trump Administration's latest efforts to eradicate "illegal" practices related to diversity, equity, and inclusion (DEI), the U.S. Equal Employment Opportunity Commission ("EEOC") launched an attack targeting the DEI policies and practices of some of the nation's largest law firms. On March 17, 2025, EEOC Acting Chair Andrea Lucas issued letters to 20 large law firms requesting information about their DEI-related employment practices, stating that "[t]he EEOC is prepared to root out discrimination anywhere it may rear its head, including in our nation's elite law firms."
EEOC Targets Publicly Available DEI-Related Information
In the letters, Lucas expressed concern that the firms' employment programs, policies, and practices "may entail unlawful disparate treatment in terms, conditions, and privileges of employment, or unlawful limiting, segregating, and classifying based – in whole or in part – on race, sex, or other protected characteristics, in violation of Title VII." The EEOC based its investigation on publicly available information, including the firms' announcements of DEI-related goals or plans, annual reports, press releases, and/or accolades or certifications regarding firm diversity (e.g., Mansfield Certification, Microsoft's Law Firm Diversity Program, America's Lawyer Diversity Scorecard, etc.).
Information Requested
Lucas requested initial responses to a lengthy list of inquiries regarding the firms' DEI policies, programs, and practices, including:
- Participation in internship, fellowship, and scholarship programs targeting underrepresented groups;
- Demographics, pay data, and selection criteria for applicants, associates, and partners;
- Client "diversity requirements," "diversity preferences," and any "demographic-related" requirements for matters;
- Firm DEI goals or plans; and
- Information on affinity groups.
The firms' initial responses are due April 15, 2025.
Employer Takeaways
In anticipation of additional civil compliance investigations, employers should take the following steps:
- Conduct internal DEI risk assessments by reviewing DEI-related public statements and employment programs, policies, and practices to confirm compliance with anti-discriminations laws.
- Evaluate and ensure affinity group programs, policies, and practices do not exclude employees based on race, sex, or other protected characteristics.
- Review all federal contracts and grants to understand compliance obligations under DEI-related Executive Orders.
- For legal obligations and additional takeaways for all employers, see HERE.
- For best practices to implement legally compliant DEI initiatives, see HERE.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
