Big Law’s DEI Practices Face Scrutiny by Republican AGs and the EEOC

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  • A group of 12 Republican AGs announced that they have sent a letter to multiple law firms (collectively, “law firms”) warning that the law firms’ diversity, equity, and inclusion (DEI) policies and practices may violate state and federal laws and risk enforcement action.
  • In the letter, the AGs demand that the law firms comply with an Equal Employment Opportunity Commission (EEOC) letter that requested information about DEI-related employment practices that may violate discrimination laws and that they send the same information to the AGs. The letter also alleges that in addition to involving possible violations of Title VII, these practices may violate state statutes, including laws prohibiting deceptive trade practices.
  • We previously reported on other AG letters regarding corporate diversity initiatives, including one sent by Republican AGs to financial institutions; one sent by Republican AGs to Costco; and another issued by 13 Democratic AGs expressing concern over Walmart’s announcement that it will end certain aspects of its DEI initiatives.
  • Cozen O’Connor’s State AG Group has recently released a Quick Guide and Podcast reviewing federal and state guidance to companies regarding their DEI programs, and offering suggestions to companies for navigating this topic.
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