A conservative activist, pivotal in the Supreme Court’s recent decision affecting affirmative action in college admissions, has now turned his attention to corporate diversity initiatives. This move represents an escalation in his broader campaign to challenge diversity programs in the private sector.
The American Alliance for Equal Rights (AAER) has filed lawsuits against two prominent law firms, Perkins Coie and Morrison & Foerster. These lawsuits claim that the firms’ diversity fellowships unfairly exclude applicants based on their race and demand the termination of these programs.
Edward Blum, the president of AAER and the plaintiff in both lawsuits, argues that these racially exclusive programs should be open to all applicants, irrespective of their race. The lawsuit against Perkins Coie focuses on two paid fellowships for law students, which are limited to individuals of color, LGBTQ+ individuals, and those with disabilities. The lawsuit against Morrison & Foerster targets the firm’s Keith Wetmore 1L Fellowship for Excellence, Diversity, and Inclusion, which is aimed at first-year law students from underrepresented groups.
Both lawsuits claim that these programs discriminate based on race, potentially violating civil rights statutes. This legal action comes in the wake of the Supreme Court’s decision against considering race in college admissions, spurring efforts to apply this stance to corporate diversity initiatives.
However, legal experts suggest that corporate diversity programs and affirmative action in education differ significantly. Private employers are generally prohibited from making employment decisions based on race, and current diversity initiatives aim to foster inclusivity rather than affirmative action. These experts also note that explicit decisions based on race or gender are risky for employers.
The lawsuits seek temporary restraining orders against the firms’ fellowship selections and permanent injunctions to end the programs. They also ask for declarations that these fellowship initiatives violate civil rights statutes.
The legal industry itself has faced challenges in diversifying its workforce. Despite efforts, the representation of ethnic minorities, particularly Black individuals, in the legal profession remains low. The lawsuits target programs that were established with the aim of addressing this historical imbalance.
The recent legal challenges against corporate diversity initiatives coincide with a critical period for such efforts. Companies made substantial financial commitments to racial equity initiatives following George Floyd’s murder. However, economic concerns amid the pandemic have led some companies to scale back their diversity efforts.
Critics view this wave of legal challenges as a response to the commitments made after George Floyd’s murder. Corporate diversity and inclusion initiatives have often been politically charged, acknowledging disparities in access to opportunities.
Although legal action against corporate diversity initiatives has not yet made significant headway, the lawsuits against Perkins Coie and Morrison & Foerster represent an ongoing pushback against these programs. The legal argument leverages historical civil rights legislation, raising questions about how these laws are being applied in contemporary contexts.