Conservative Activist Group Sues Law Firms over Diversity Fellowships
August 22, 2022
A group founded by a conservative activist who successfully challenged the consideration of race in college admissions has filed lawsuits against two major U.S. law firms over their diversity fellowship programs. The American Alliance for Equal Rights sued Perkins Coie in Dallas and Morrison & Foerster in Miami, accusing them of unlawfully discriminating against white candidates in their efforts to promote diversity.
The lawsuits come two months after the Supreme Court ruled in favor of another group founded by activist Edward Blum, rejecting the use of affirmative action policies by colleges to increase enrollment of racial minorities. This ruling has spurred an uptick in legal challenges to corporate diversity programs, with companies like Activision Blizzard, Kellogg, and Gannett now facing similar complaints.
Perkins Coie, based in Seattle, offers “diversity fellowships” that provide stipends ranging from $15,000 to $25,000, as well as paid summer associate positions, which can lead to lucrative full-time jobs. These fellowships are available to law students historically underrepresented in the legal profession, including racial minorities, LGBTQ+ individuals, and students with disabilities.
Similarly, Morrison & Foerster, a San Francisco-based law firm, has a fellowship program open to Black, Hispanic, Native American, and LGBT applicants. The fellowship includes a paid summer associate position and a $50,000 stipend.
The lawsuits argue that by limiting eligibility based on race, these fellowships violate Section 1981 of the Civil Rights Act of 1866. This federal law, enacted after the American Civil War, prohibits racial bias in private contracts.
In response to the lawsuits, a Perkins Coie spokesperson stated that the firm remains steadfast in its commitment to promoting diversity, equity, and inclusion in the legal profession. Morrison & Foerster has yet to comment on the allegations.
This is not the first time that Blum’s American Alliance for Equal Rights has taken legal action against organizations over diversity issues. Earlier this month, the group filed a similar case against venture capital fund Fearless Fund, alleging that it unlawfully restricted eligibility to Black women in a grant competition, also in violation of the contracting law.
As the legal battles over diversity and affirmative action continue, the outcomes of these cases could have significant implications for future diversity initiatives and practices in various industries.
Reporting by Nate Raymond in Boston; Editing by Will Dunham, Alexia Garamfalvi, and Alistair Bell