The United States government has asked a federal judge to permit the Equal Employment Opportunity Commission, EEOC, to withhold substantial portions of records relating to its investigation into diversity, equity and inclusion practices at major US law firms.
The dispute arises from litigation brought by Public Citizen and law professors Elise Maizel and Christopher Hampson, who are seeking access to records connected with the EEOC’s examination of DEI practices across approximately 20 major law firms.
The government argues that federal law protects the confidentiality of potential charges, settlements and certain employment data supplied by law firms.
The dispute also touches communications involving senior government advisers and information obtained through tip lines.
Among the firms that have reached undisclosed agreements with the EEOC are Kirkland & Ellis, Latham & Watkins, Simpson Thacher and A&O Shearman.
The Bar’s Diversity Debate Moves Into Court
The case raises a broader question about how far government scrutiny of law-firm recruitment and diversity practices should remain confidential.
At one level, employment investigations routinely involve protected workforce information.
At another, the investigation affects some of the largest and most influential firms in the US legal profession and has become part of a wider political battle over DEI policies.
The firms involved also occupy major roles in corporate litigation, finance and public-interest work.
The outcome could therefore influence how much transparency accompanies regulatory investigations into law-firm hiring, promotion and workplace diversity.
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