Illegal diversity programs run by top-flight law firms

Top Law‍ Firms Accused‍ of Discrimination‌ Against White Applicants

Five of⁢ America’s top law firms have‌ come under fire for‍ their‍ diversity ‌programs that exclude white applicants or give preferential treatment to minorities. This controversial practice has ⁣created a target-rich environment for conservative litigants looking⁢ to challenge affirmative action rulings by the Supreme⁤ Court.

Last month, Morrison‍ & ​Foerster and ‌Perkins Coie faced lawsuits‌ over ‍their minority-only fellowships. ⁤However,‍ other ‍prestigious⁢ law ‍firms⁣ like​ Wachtell Lipton, Winston & Strawn, Baker McKenzie, Sidley‌ Austin,​ and‌ Susman Godfrey also employ racial ⁣criteria in their professional opportunities, ‌ranging from paid internships to mentoring programs​ to cash awards. The⁤ outcome of ⁣these cases⁤ could have far-reaching implications for the entire legal‍ profession.

Legal experts and professors argue that all these programs are susceptible to civil ‌rights‌ lawsuits, especially‍ after the Supreme Court’s recent ⁤decision to⁤ ban affirmative action in higher education. Kenneth Marcus, former Assistant Secretary for Civil Rights‍ at⁣ the ​Education⁣ Department, ⁣predicts⁢ an ​increase in legal challenges⁤ against corporations⁢ and law ⁢firms engaging in discriminatory practices.

While many law firms have initiatives to ⁢increase minority representation, these firms go a step further ⁢by excluding ‍or severely‌ limiting opportunities for ‌white applicants. For ⁤example, Wachtell Lipton offers‍ programs that pay as‌ much as $3,100 a ⁢week. ⁢This blatant violation of ​civil rights laws highlights the nonchalant attitude of legal ⁢elites ⁤towards discrimination.

William Trachman, the ‍general‌ counsel for Mountain States Legal ​Foundation, explains that ⁣challenging a firm’s diversity policy can lead to being blacklisted from major law firms. This ‌fear of repercussions allows these firms to⁢ continue their discriminatory practices ‌without facing legal consequences.

Wachtell Lipton, ranked as the best firm​ for mergers and acquisitions ‍ by Vault.com, and Baker McKenzie,⁢ ranked⁢ as the⁤ best firm‍ overall by⁤ the⁣ National ⁢Law Journal, restrict their diversity fellowships to students from “underrepresented” groups. Sidley Austin, where Barack and Michelle Obama ⁣ met, gives preference ​to various racial‌ and ethnic minority groups in ‌their mentorship program.⁢ Winston &⁣ Strawn, ​known for handling high-profile ⁣antitrust cases, offers a $50,000 “scholarship”‌ exclusively to racial and ⁤ethnic minority summer associates.

Legal experts⁢ argue that these programs violate Title VII and the 1866⁣ Civil Rights Act, which prohibit employment discrimination ⁣and contracting discrimination, respectively. While private entities can provide scholarships based on race, they cannot engage in pay​ discrimination⁤ or privilege minority ‍employees.

Despite requests for comment, Wachtell ​Lipton, Winston‍ & Strawn, Baker McKenzie, Sidley Austin, and Susman Godfrey ​did not respond.

The ⁣recent affirmative action ruling may change firms’ approach ‌to⁣ defending race-based programs. ⁣When activist Edward Blum sued Morrison⁣ & ‌Foerster in August, the firm quickly opened its ‍diversity fellowship to‌ white applicants. This‍ ruling ⁣is⁤ expected to ⁣have⁢ a chilling effect on such programs and embolden challenges against them. Even law firms like Covington & Burling, which ⁤previously⁣ supported​ race-based‍ policies, are now warning clients about​ the legal risks‍ associated with racial preferences.

According to William Trachman, it will be difficult ‍for firms to win lawsuits challenging their programs on the merits. ⁢However, not all programs are equally vulnerable. Sidley Austin’s program, for example, does not⁢ require participants to be employed by the firm, which could complicate⁣ claims of employment discrimination. Nevertheless, legal ⁢experts believe that ​all these programs raise serious questions and that Wachtell Lipton’s diversity fellowship is clearly​ illegal.

“They have expressly set aside a quota of first-year positions based on ⁤race,” ⁤said Dan Morenoff, the executive director of the American Civil Rights Project. “They can’t possibly defend that.”