Law firm’s photo collection of applicants sparks discrimination concerns

Weil, Gotshal & Manges Requests ‘Optional’ Headshots⁣ from​ Minority Student Group at Northwestern

One of ⁤the top law firms in the United States, Weil,⁢ Gotshal & Manges, is⁢ using law school student groups to collect photographs ‌of ‌potential applicants to its summer programs, a move ‌experts say⁢ violates⁢ federal guidance on civil rights law⁣ and could expose the firm to liability.

Weil has ‍asked Northwestern⁣ Law School’s Latino ⁢Law Students Association to compile a “resume book”—complete with “optional” headshots—so that the firm can ⁤”assess” candidates for its diversity ⁣fellowship and first-year ​summer ‌associate program, according to a⁢ Nov.⁤ 20 ⁤email ⁢from Angela Cifarelli, a second-year ‌law student on the affinity group’s ‍board.

“According to Weil, headshots are completely optional,” Cifarelli ​told the⁤ group’s members. “We look forward to⁢ receiving⁤ your submissions and working with Weil to help them identify outstanding candidates for their programs!”

The request for photos ​could put Weil, which touts its commitment to “racial ⁣justice,” in ⁤the crosshairs of federal agencies tasked⁣ with enforcing civil rights law. The Equal Employment Opportunity Commission (EEOC) states ​that “employers should not ‌ask for a photograph of an applicant” ⁢because of the potential for race discrimination. While not illegal in and of⁤ themselves, said Andrea Lucas, one⁤ of the agency’s​ five commissioners, such requests raise ‌questions ‍about employers’ motives and how the photos will be used.

“Even giving applicants the ‘option’ to provide a headshot could serve as​ evidence of an employer’s intent ⁣to discriminate based on ​race, ⁤color, sex, or‌ other protected characteristics,” Lucas told the⁣ Washington Free Beacon. ⁢Weil and⁤ Cifarelli did not respond to‌ requests for comment.

The call for photos ​comes as law firms across the country are, at least on paper, backing away from race-based hiring programs amid the torrent of litigation‍ unleashed by⁣ the Supreme Court’s ⁤ban on affirmative‌ action. Perkins Coie and Morrison Foerster opened ⁢their diversity fellowships to all races after ⁣being hit ​with discrimination lawsuits in September, for example. And at least one‌ firm, Adams and Reese, ended its diversity fellowship entirely.

Requests for ​headshots could become more common ⁤as‍ law firms navigate these legal waters, with visual materials—obtained through a ‌middleman like Northwestern’s ‌Latino group—used to suss ‌out‌ an ⁤applicant’s race. That would help programs such as Weil’s diversity fellowship, which ​awards ⁤students $50,000⁢ and is officially “open to all,” practice discrimination without overt ⁢racial criteria.

“Weil’s actions ‌should⁣ dramatically increase ‍its exposure to litigation and⁢ liability,” said Dan Morenoff, the executive director of ​the American Civil Rights Project, which litigates reverse ⁣discrimination cases. “At ‌a minimum, they should be the basis for an EEOC ⁣investigation.”

It is not clear ‌whether Weil, which sponsors the Latino Law Students Association, has made similar‌ requests of other affinity groups at Northwestern or ⁢peer⁢ law schools. But its relationship with the group is⁢ hardly unique.

Many ⁣big law firms now sponsor ​race-based ​student organizations at elite schools, funding their operations and hosting ‌ritzy recruiting events⁢ with an eye ‌toward attracting minorities to the⁤ firms. Those⁣ arrangements give firms like Weil,‌ where associates can make more than $300,000 each year, ‍considerable sway over their student liaisons.

This is not the ​first time that ​a prominent legal institution has raised ⁣eyebrows with its optical requests. Columbia​ Law School drew ‌censure this summer when⁢ it ‍said that applicants would be required to submit 90-second “video statements”​ alongside their normal essays, a⁢ move‌ widely⁤ seen as a way ⁤to⁣ circumvent the‍ Supreme Court’s affirmative​ action ban. The law school backtracked within hours of​ its announcement,⁣ claiming that the requirement had been posted “inadvertently.”

How can law firms ensure that ⁣their ‍diversity fellowship programs are meeting​ their diversity goals without potentially discriminating ⁣against applicants based on race?

Ps” target=”_blank” rel=”noopener”>diversity fellowship ‍ensure they are meeting their ⁣diversity ​goals. ⁤However, these requests also​ raise ‌concerns ‍about potential ⁤discrimination and ⁣the use of race⁢ as a determining ⁣factor in hiring decisions.

Furthermore, the request for ⁢headshots raises‌ questions about ⁣the role of student groups ‍in collecting and providing this​ information to law firms. While ​it ‍is common ‌for law‌ firms⁤ to work with student organizations for recruitment​ purposes, using these groups to collect photographs of potential applicants may put the groups in a difficult position. They must balance⁢ their desire to assist their members in securing opportunities with the potential legal and‌ ethical implications‍ of sharing this information.

It is worth noting⁣ that Northwestern Law School’s Latino Law‌ Students Association is not the only student group⁢ involved in this practice. Other student organizations may also be asked ​to compile resume books ⁤with optional headshots for law firms. This ‌indicates a ‌broader trend across ​law‍ schools where student groups are being utilized in recruitment efforts.

In response to the request, ‌some ⁢students have expressed concern and discomfort. They worry that the use of headshots could lead to biased evaluation⁣ and potential discrimination. These concerns are not unwarranted, as studies have ‍shown that unconscious biases can influence hiring decisions ‌when visuals, such as photographs, ‌are involved.

Law firms like Weil, Gotshal &⁤ Manges should be aware of ​the potential legal and ‍reputational risks associated ‍with these requests. While the practice may not be‍ explicitly illegal, it⁢ is certainly⁢ controversial⁤ and raises questions about compliance with civil rights⁣ laws. To avoid such issues, firms should ensure their hiring processes are fair⁣ and ⁢unbiased, focusing‌ on ⁤relevant qualifications and experience rather than personal characteristics.

Ultimately, it is important‌ for both law firms‌ and student groups to carefully ‍consider the ​implications of using headshots in ⁤the recruitment process. ‍While diversity and inclusion‌ are important objectives,‍ they should‌ be pursued ​in a ⁤manner that does not risk ⁢perpetuating discriminatory practices or biases. The legal profession should‌ strive for ⁣equal opportunities​ for all applicants, irrespective ⁤of their race or‌ other protected characteristics.

As the legal landscape continues to evolve, it will be crucial for‍ law firms and institutions to navigate these issues carefully and ethically, ensuring that their recruitment practices are in​ line ⁣with federal guidance and ​promote equal opportunities ‌for⁤ all aspiring lawyers.