The National Employment Lawyers Association and the National Institute for Workers’ Rights are deeply troubled by Acting Chair Andrea Lucas’ recent letters to twenty law firms aimed at scrutinizing or undermining their attempts to prevent discrimination and promote opportunity. Acting Chair Lucas has no authority to send these letters and demand this information, as explained in the March 18 letter from former EEOC officials. The letters represent an alarming betrayal of the agency’s fundamental mission of eradicating workplace discrimination and promoting equitable employment practices.
Though NELA members are often on the other side of these law firms in cases, we stand by their side in defending their right—indeed, obligation—to ensure their workplaces are fair and free of bias. The legal profession has traditionally not been hospitable to women, people of color, and others who are underrepresented in occupations like law. Firms that are trying to change that should be lauded, not criticized.
Law firms play a pivotal role in shaping employment policies and guiding corporate America’s understanding and implementation of civil rights law. If the legal profession is dissuaded from trying to make their hiring and promotion practices fair and prevent discrimination, the downstream effect on countless organizations and industries could be profound—stopping progress toward inclusive, equitable workplaces. Rather than undermining these efforts, Acting Chair Lucas should be encouraging law firms to lead by example in creating fair, just, and diverse work environments in compliance with Title VII, consistent with EEOC policy.
These letters, combined with President Trump’s Executive Orders promising to go after “illegal DEI,” unfortunately align with a larger, politically motivated crusade to preserve opportunities across sectors for those who have traditionally held power. Acting Chair Lucas’ letters—with the implication that BigLaw firms dominated by white men commonly discriminate against white men —lays bare this agenda. Meanwhile, NELA members understand the lived experiences of clients who still face bias as they try to break into elite professions like law and experience the consequences of discrimination. We cannot allow this attack to roll back decades of progress that women, people of color, and others have fought so hard to achieve.
NELA remains committed to supporting lawyers who advance workplace equity through lawful, evidence-based approaches to diversity and inclusion. We call on law firms and employers everywhere to stand firm in their commitments to open the doors of opportunity. Now more than ever, we need to elevate the importance of our civil rights laws and highlight the damaging social and economic consequences of undermining them.
