Last Updated on March 18, 2025 by Bertrand Clarke
The U.S. Equal Employment Opportunity Commission (EEOC) has launched an inquiry into the hiring and employment policies of 20 major law firms, questioning whether their diversity, equity, and inclusion (DEI) initiatives may violate federal anti-discrimination laws.
Acting EEOC Chair Andrea Lucas has formally requested extensive documentation from these firms, seeking details on recruitment, hiring, promotion, and compensation policies, particularly in relation to their DEI-focused programs. The inquiry is centered on potential violations of Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, sex, color, national origin, and religion.
“The EEOC is committed to ensuring compliance with federal employment laws across all industries, including the legal profession,” Lucas stated. “If hiring or employment decisions are being made based on race, sex, or other protected characteristics, we have a responsibility to investigate.”
Law Firms Under Scrutiny
Among the firms receiving inquiries are Perkins Coie, Hogan Lovells, Ropes & Gray, and WilmerHale—some of the largest and most influential law firms in the country. Several of these firms have been publicly vocal in their commitment to fostering diversity and have implemented programs designed to increase representation of minority groups within the legal industry.
At least two of the targeted firms reportedly maintain specific numerical targets for hiring and promoting individuals based on race, gender identity, and sexual orientation. Such policies, while intended to boost diversity, have raised concerns over whether they inadvertently exclude or disadvantage other groups, potentially violating federal employment laws.
The EEOC’s requests include information about the firms’ internship, fellowship, and scholarship programs, particularly those designed to support underrepresented groups. Additionally, firms have been asked to disclose detailed data on job applicants and employees since 2019, including names, races, genders, and whether they participated in any DEI-focused initiatives.
Federal Government’s Crackdown on DEI Initiatives
The Biden administration has broadly supported DEI initiatives across multiple industries, but pushback against such programs has grown in recent years. Former President Donald Trump made rolling back diversity programs a key component of his policy agenda, arguing that they can lead to reverse discrimination.
Trump has also taken steps to challenge the diversity efforts of high-profile law firms. Recently, he issued executive orders targeting Perkins Coie and Paul, Weiss, Rifkind, Wharton & Garrison over their DEI policies, which he claimed unfairly prioritized hiring based on race and gender. The orders limited the firms’ ability to obtain federal contracts and revoked security clearances for attorneys working with the government.
In response, Perkins Coie sued the federal government, alleging that the executive order violated constitutional rights. A federal judge temporarily blocked parts of the order last week, though further legal battles are expected.
Business Practices Under the Microscope
Many corporate clients have implemented their own DEI policies, requiring the law firms they hire to meet certain diversity benchmarks. The EEOC inquiry is also examining whether such client-imposed diversity requirements have influenced law firms’ employment practices.
Lucas has requested that firms disclose all clients since 2019 that have set diversity-related staffing preferences. The commission is also seeking documentation on how firms have responded to those requirements and whether they have adjusted hiring, promotion, or case assignment practices as a result.
While no formal complaints have been filed against the firms, the EEOC’s authority allows it to conduct investigations into potential discrimination without waiting for a specific employee to come forward. If violations are found, firms could face legal action and be required to alter their hiring policies.
The Future of DEI in the Legal Industry
This latest scrutiny signals a growing debate over the role of DEI initiatives in corporate America and professional industries. Supporters argue that such programs are necessary to correct systemic inequalities and expand opportunities for historically marginalized groups. Critics, however, contend that some diversity policies may cross the line into unlawful discrimination, excluding qualified candidates based on race or gender.
As law firms respond to the EEOC’s inquiries, the broader legal industry is left to grapple with a fundamental question: How can diversity and inclusion be promoted without running afoul of federal anti-discrimination laws? The outcome of this investigation could set an important precedent for DEI policies in legal and other professional fields moving forward.
