EEOC Letter to Law Firms

EEOC Letter to Law Firms

This form serves as a template for the Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas’s letter addressed to 20 prominent law firms, requesting detailed information about their diversity, equity, and inclusion (DEI) related employment practices. The purpose of this communication is to investigate potential violations of Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex, or national origin.

Key Components of the Form:

  1. Recipient Information :

    • Names and addresses of the 20 law firms that received the letter, including notable firms such as A & O Shearman, Kirkland & Ellis LLP, Latham & Watkins LLP, and others listed in the announcement.
  2. Introduction :

    • A formal opening explaining the reason for the correspondence: concerns raised by publicly available information suggesting that some firms' DEI-related employment practices may involve unlawful disparate treatment or discriminatory actions, such as limiting, segregating, or classifying employees based on protected characteristics.
  3. Legal Context :

    • Reference to Title VII, emphasizing its prohibition against discriminatory employment practices, including those labeled as "DEI initiatives." It clarifies that there is no "diversity exception" to these legal protections.
    • Statement from Acting Chair Andrea Lucas: “The EEOC is prepared to root out discrimination anywhere it may rear its head, including in our nation’s elite law firms.”
  4. Request for Information :

    • Specific request for details about the firms’ DEI policies, programs, and practices, with an emphasis on identifying any actions or systems that could result in unlawful discrimination or segregation of employees based on race, sex, or other protected characteristics.
  5. Whistleblower Reporting Mechanism :

    • Announcement of a dedicated email address ([email protected] ) where whistleblowers can submit information about potentially unlawful DEI practices at law firms.
    • Clarification that submitting information via this email does not constitute filing a formal charge of discrimination, along with instructions on how individuals can file a charge if they suspect discrimination.
  6. Confidentiality Assurance :

    • Assurance that information provided to the EEOC will remain confidential until a formal charge is filed.
    • Reminder of anti-retaliation protections under federal law, ensuring that employers cannot retaliate against individuals who report discrimination or cooperate with the EEOC.
  7. Call to Action :

    • Deadline or timeframe within which the law firms must respond to the EEOC’s inquiry.
    • Instructions for submitting requested materials or additional clarification.
  8. Attachments/Enclosures :

  9. Closing Remarks :

    • Reiteration of the EEOC’s commitment to enforcing Title VII and ensuring compliance with federal anti-discrimination laws across all sectors, including elite law firms.
    • Contact information for further inquiries, including links to subscribe to EEOC updates and stay informed about ongoing efforts to combat workplace discrimination.

Purpose of the Form:

This standardized letter ensures consistent and professional communication between the EEOC and law firms while addressing critical issues related to DEI practices. By using this form, the EEOC aims to:

  • Investigate potential violations of Title VII in DEI-related employment practices.
  • Promote transparency and accountability among law firms regarding their workforce policies.
  • Provide clear guidance to whistleblowers and affected individuals on how to report concerns or file charges of discrimination.

The ultimate goal is to uphold the principles of equal employment opportunity and eliminate discriminatory practices, even when they are framed as diversity initiatives.

For more information about the EEOC and its mission, visit www.eeoc.gov .