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The Future of Law Firm DEI Programs

By Catherine Hodder, Esq. | Reviewed by Joseph Fawbush, Esq. | Last updated on

The future of DEI (Diversity, Equity, and Inclusion) programs in law firms is uncertain due to recent challenges and political actions against these initiatives. DEI aims to foster a diverse workforce by addressing inequities and promoting inclusivity, but it faces criticism and legal challenges that could limit its implementation.

DEI programs have gained popularity in law firms and legal departments to address fairness and equal access for underrepresented groups who have historically faced discriminatory practices based on their identity and ability. However, DEI efforts are now under attack.

Conservative activists have been challenging DEI strategies as unconstitutional. One of President Trump’s actions in his first week in office was to issue an executive order effectively terminating DEI initiatives.

His order, ‘Ending Illegal Discrimination And Restoring Merit-Based Opportunity,’ aims to end federal and government DEI programs and encourages the private sector to discontinue DEI practices. The order claims that DEI programs and preferences are discriminatory.

With large corporations scaling back DEI practices and President Trump’s dismantling of federal DEI programs, the future of DEI is uncertain.

What Is DEI?

As you most likely know, DEI stands for diversity, equity, and inclusion. It is also known as diversity, equity, and belonging. DEIA stands for diversity, equity, inclusion, and accessibility (which addresses people with disabilities). However, DEI has also become an umbrella term for all diversity efforts. Getting more granular, DEI stands for:

  • Diversity means a workforce composed of individuals belonging to different groups characterized by race, ethnicity, gender, sexual identity, religion, physical ability, etc.
  • Equity is not equality. Equality allows equal access and opportunity but does not address inherent disparities that hinder participation from disadvantaged groups. Equity seeks to give access and opportunity to all by eliminating barriers to participation.
  • Inclusion is a way to welcome and engage individuals from diverse backgrounds, giving them a sense of belonging.
  • Accessibility is adopting ways to remove barriers for individuals with disabilities.

An example of a DEI initiative in the legal profession is when a law firm realizes that they have a problem retaining female lawyers. They may spend resources in figuring out why that is the case. If they discover that they have historically paid women less than men, they may implement a fair pay policy. Or they may create a generous maternity leave policy. The firms may also develop a professional development or mentoring program for female attorneys in the workplace.

Another example is a law firm with no first-generation immigrant attorneys. They could implement policies to attract multilingual speakers. The law firm could create websites and literature in other languages and provide translation software. In doing so, they may be able to provide more comprehensive services to their clients, who may also be first-generation or for whom English is a second language.

None of these initiatives promotes hiring unqualified individuals but seeks to enhance their workforce with individuals from different backgrounds or belonging to diverse, underrepresented groups.

Do DEI Programs Work For Law Firms?

Yes. According to the National Association of Law Placement (NALP), DEI programs work. A 2023 report found that the “representation of women, people of color, and women of color among associates continued to grow and were at historic highs in 2023.” For the first time, women made up the majority of associates in U.S. law firms.”

Should Law Firms Eliminate DEI Programs?

Conservative activists have been attacking DEI programs, including through lawsuits. Trump’s recent order makes it clear that DEI programs are unwelcome. With large companies like Meta, Amazon, Target, and Walmart scaling back their DEI policies and programs, it may seem like DEI is DOA.

Despite the current backlash, law firms that recognize the importance of including DEI goals in their workplace can still benefit.

  • With a diverse workforce, the law firm can serve a diverse client base.
  • Young attorneys want to work for a diverse law firm that values people from different groups.

Even if law firms continue their DEI initiatives and practices, the diverse talent pool might be limited by the fallout of the Supreme Court decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The U.S. Supreme Court ruled that institutions of higher education could not use race as a factor for admission. The year after the decision, enrollment of black and Hispanic students declined.

It follows that if colleges and law schools cannot attract a diverse student body, law firms will have a more difficult time hiring a diverse workforce.

What Is a Law Firm to Do?

Some critics of DEI policies argue that they are merely window dressing without meaningful impact. Others argue that they are discriminatory and may be unlawful in the future.

However, law firms can balance DEI principles with sound business decisions.

A law firm can adopt policies that seek to include all employees and not just certain groups. For example, instead of a generous maternal leave policy, there could be a generous parental leave policy, which arguably could help attorney retention rates.

Hiring attorneys who speak fluent Spanish can help a practice that wants to serve Spanish-speaking clients.

Having a partner who is part of the LGBTQ+ community or minority broadcasts to talented new hires that advancement is possible, even if they are from an underrepresented group.

Additionally, law firms could consider sponsorships of pipelines that encourage students from disadvantaged groups to pursue legal education.

It is not yet clear what effect Trump’s order will have on DEI programs in the legal landscape. Trump’s order might affect the American Bar Association and state bar associations. However, the State Bar of California responded that the order has no effect because they do not engage in unlawful discrimination or preferences.

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