Edward Blum, known for his opposition to affirmative action, has announced that a group he founded to file lawsuits challenging diversity programs has no new plans to sue more law firms. “There’s nothing left for us to do in that space,” Blum stated in an interview.
Blum’s two-year-old group, the American Alliance for Equal Rights (AAER), has previously filed lawsuits against some of the country’s most prestigious firms, including Perkins Coie and Morrison Foerster, alleging that their diversity programs discriminated against straight, white men. These suits were withdrawn after the firms removed mentions of race or gender in their programs’ eligibility criteria.
The only active lawsuit that the alliance has now is against Winston & Strawn. The firm has until Dec. 11 to respond to AAER’s complaint, which alleges that the program is discriminatory. Interestingly, Winston & Strawn has hired the same team out of Jenner & Block that defended Perkins Coie in that firm’s AAER lawsuit.
Changes to the language of diversity programs at law firms can significantly affect recruitment, according to Nikia Gray, executive director of the National Association for Law Placement. For instance, less than 29% of associates at law firms are people of color, a figure taken from a 2022 NALP report. That same report showed that attorneys of color make up less than 12% of partners at these firms.
Jean Kuei, program committee chair for the Leadership Council on Legal Diversity’s alumni network, asserts that diversity-focused programs are crucial for the legal profession. Kuei, who herself benefitted from one of LCLD’s diversity-focused professional development programs, is part of the less than 5% of diverse women partners at law firms, according to
NALP’s diversity report.
If any new programs or concerns arise that provoke worry, Blum asserts his group is more likely to issue a written notice before taking further legal action. The group previously alerted firms to their concerns in a
series of letters calling out their DEI programs.
Even with these challenges, legal diversity leaders such as Kuei are adamant about staying the course, and their commitment to DEI continues to be unwavering for years to come.
Details related to the ongoing case can be found at:
American Alliance for Equal Rights v. Winston & Strawn LLP, S.D. Tex., No. 4:23-cv-04113.