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EEOC Targets DEI Programs at Cooley and Other Law Firms

The Equal Employment Opportunity Commission has sent letters to 20 law firms -- including Cooley, Perkins Coie and Hogan Lovells -- about their diversity policies, said an EEOC release Monday. The letters from EEOC acting Chair Andrea Lucas point to diversity, equity and inclusion efforts mentioned on the firms' websites and public releases, accusing them of discrimination. The White House previously targeted Perkins Coie and Covington & Burling in an executive order and memo (see 2503120049). “It appears likely that Cooley disparately provides access to certain privileges of employment (training and leadership development) based on its employees’ race or other protected characteristics,” says the EEOC letter to Cooley.

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The letters also request that the firms provide the EEOC with data on their DEI practices by April 15. Cooley's letter contains 20 questions about the specifics of its hiring policies, internal promotions and diversity fellowship programs, as well as the diversity programs of its clients. It asks the firm to "fully identify all clients [since 2019] that have ‘diversity requirements,’ ‘diversity preferences,’ or any demographic-related requirements for matters, including but not limited to race or sex requirements for the employees staffed on their matters.” The letter continues, “I am concerned that Cooley’s ‘diversity, equity, and inclusion’ or other employment programs, policies, and practices may entail unlawful disparate treatment” based on “race, sex, or other protected characteristics, in violation of Title VII.” Cooley, Perkins Coie, Hogan Lovells and the American Bar Association didn’t comment.