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Kirkland & Ellis’s Big Gay Party: Discriminatory?

Kirkland Ellis LLP gay party GLBT LGBT Above the Law blog.jpgWhy was Cinderella stuck in the office doing document review, while her wicked stepsisters nibbled on caviar and danced the night away?

Maybe Cinderella worked at Kirkland & Ellis, and her sisters were of the Sapphic persuasion. From a K&E tipster:

The Chicago office of Kirkland & Ellis hosted a “GLBT only” party last night. The email invitation is below.

It’s illegal under Illinois law to discriminate on the basis of sexual orientation in the workplace. But they shouldn’t be expected to know that as attorneys, should they?

Here’s the invite:

The GLBT Subcommittee of the Firmwide Diversity Committee cordially invites All Chicago Gay, Lesbian, Bisexual and Transgender (GLBT) Attorneys and Staff to a Winter Cocktail and Hors d’Ouevres Reception Today, Thursday, January 17, 2008 Sidebar Grille.

221 N. LaSalle
Chicago
5:00 P.M. — 7:00 P.M.

Truth be told, we aren’t deeply troubled. Regardless of their technical status under the law, events for lawyers who share common interests happen all the time.

So lighten up, Mr. Tipster! You probably wouldn’t have liked the music anyway — or, for that matter, being ogled by those twinks from IT. And you definitely wouldn’t have appreciated being hit upon by that bear from Duplicating.

As a certain ATL commenter might say, “Guys in my high school used to throw special gay parties all the time. They called it Drama Club. It was no big deal.”

P.S. A more serious issue is presented by K&E’s summer associate diversity fellowship, previously discussed by Professor David Bernstein over at the Volokh Conspiracy.

Diversity Fellowship Program [Kirkland & Ellis]
Illegal Fellowship at Kirkland & Ellis? [Volokh Conspiracy]

Comments

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1 Posted by anon | Permalink Friday, January 18, 2008 2:25 PM

I'm FIRST... and GAY!

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2 Posted by Douglas | Permalink Friday, January 18, 2008 2:25 PM

Good post lover. I can't wait for tonight. I'm gonna bang you so hard you'll fart silently for months.

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3 Posted by chipmunk | Permalink Friday, January 18, 2008 2:26 PM

chipmunk ramps to strict scrutiny!

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4 Posted by student who wants Con Law tuition $ back | Permalink Friday, January 18, 2008 2:27 PM

Bernstein should worry less about blogs and work on his teaching skills.

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5 Posted by guest | Permalink Friday, January 18, 2008 2:27 PM

Christ, who fucking cares? It's not like anyone would know any differently if you showed up and you weren't gay; there's not a big stamp on your forehead or anything.

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6 Posted by anonymous | Permalink Friday, January 18, 2008 2:28 PM

I don't see a problem. Then again, I'm trying to get my firm to open a bath house.

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7 Posted by wachtell | Permalink Friday, January 18, 2008 2:29 PM

We were going to throw this party years ago until we realized Lat would have been the only one to show up.

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8 Posted by Bitchy McBitchington, III | Permalink Friday, January 18, 2008 2:29 PM

Gee, I'm sure if you're a straight person who really wanted to go, they would let you...but short of fag hags, I don't see who would...

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9 Posted by guest | Permalink Friday, January 18, 2008 2:31 PM

Although I don't think this is a big deal, the email should have specified that non-gays could come, too. That's what my firm does when it has events for the gays.

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10 Posted by anon | Permalink Friday, January 18, 2008 2:32 PM

Latty boy - it is actually:

"Guys in my high school used to throw gay parties all the time, 'TWAS no big deal."

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11 Posted by guest | Permalink Friday, January 18, 2008 2:33 PM

Can I beg a comment from Frat Lothario on this one? Pleeeeze?

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12 Posted by guest | Permalink Friday, January 18, 2008 2:34 PM

I doubt Lat would have gone to a gay event at Wachtell. He wouldn't want all his FedSoc friends finding out.

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13 Posted by guest | Permalink Friday, January 18, 2008 2:35 PM

The Heterosexual Subcommittee of the Firmwide Homogeny Committee cordially invites All Chicago Heterosexual Attorneys and Staff to a Winter Cocktail and Hors d’Ouevres Reception Today, Thursday, January 17, 2008 Sidebar Grille.
221 N. LaSalle
Chicago
5:00 P.M. — 7:00 P.M.

DISCRIMINATION!

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14 Posted by LATLOVER | Permalink Friday, January 18, 2008 2:35 PM

I LOVE ME SOME LAT. WHAT A CUTIE!

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15 Posted by guest | Permalink Friday, January 18, 2008 2:35 PM

Now you're citing Bernstein? Was Althouse too moderate for you?

Law firms do this stuff frequently; my old firm used to have womens' lunches once a month. I don't have a huge problem with it, but it is a little annoying when it's obvious that a firm would get raked over the coals if it ever dared to have a Straight White Guys cocktail party.

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16 Posted by guest | Permalink Friday, January 18, 2008 2:38 PM

Frat Lothario?????

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17 Posted by guest | Permalink Friday, January 18, 2008 2:38 PM

Frat Stud gets a Lat call-out. Nice!

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18 Posted by guest | Permalink Friday, January 18, 2008 2:40 PM

Your firm has a "Straight White Guys cocktail party" it's called every Friday of the year.

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19 Posted by The Dreamboat from Human Resources... | Permalink Friday, January 18, 2008 2:40 PM

I'm in love with that bear from Duplicating. I just don't know how to tell him...

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20 Posted by guest | Permalink Friday, January 18, 2008 2:41 PM

2:35, that's probably because corporate America IS a Straight White Guys cocktail party. And that, too, is a "little annoying" to those of us who are not straight, not white, and not male.

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21 Posted by guest | Permalink Friday, January 18, 2008 2:42 PM

Did the entire firm get the invite?

Were hetrosexual's allowed to attend if they ponied up the entry fee?

Then I see no discrimination.

(The invite could have been more inclusive.)

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22 Posted by FL | Permalink Friday, January 18, 2008 2:47 PM

The cake-eating gentlemen at my preparatory academy frequently would entertain one another in a manner exclusive of those who preferred more traditional pursuits. It was not a conspicuous event.

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23 Posted by The Armenian Hammer | Permalink Friday, January 18, 2008 2:47 PM

Slow news day, eh Lat?

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24 Posted by guest | Permalink Friday, January 18, 2008 2:55 PM

2:40/2:41,

Very clever responses, except they're quite clearly not true, are they? Obviously, contrary to your suggestions, there are non-Straight White Guys employed in substantial numbers at law firms-- or there wouldn't be anyone to attend the womens' lunches, gay cocktail parties, minority events, etc. As I said in my first post, I don't really see these events as anything to get terribly upset about, but it is rather inconsistent with the message of "celebrating diversity" that pervades corporate culture that we still have segregated events for special classes of employees, isn't it? And contrary to your suggestions, the fact is that no firm would *ever* consider hosting an event to which only straight white men were invited; the outrage-o-meter would go through the roof, and rightly so, I think; but that does make it a little difficult to justify special events for other classes of employees.

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25 Posted by Anon | Permalink Friday, January 18, 2008 2:59 PM

Enough with the stories about law firm receptions for minorities/diversity/foreigners/aliens. Nobody cares.

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26 Posted by guest | Permalink Friday, January 18, 2008 2:59 PM

Your firm has a "Straight White Guys cocktail party" it's called the partner retreat.

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27 Posted by Anonymous | Permalink Friday, January 18, 2008 3:01 PM

Weil NYC had a recruiting event just for GLBT, the spread was tremendous.

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28 Posted by Anon | Permalink Friday, January 18, 2008 3:03 PM

2:55,
Ha! At my old firm (150 attorneys), the "event" to which only straight white men were invited was called the PARTNERSHIP!

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29 Posted by guest | Permalink Friday, January 18, 2008 3:04 PM

"[t]here are non-Straight White Guys employed in substantial numbers at law firms . . ."

Hahahahahaha! Hohohohoho! Heeheehee! That's a good one!

Oh. You were serious. Let's put it this way -- if you cut out the first and second years, the copying and service departments and the assistants (i.e, the lower rungs of the law firm ladder), can you still make that statement?

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30 Posted by Carlton | Permalink Friday, January 18, 2008 3:05 PM

Me and all the other black associates at my firm meet every Friday to play cards. The game is called solitaire.

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31 Posted by guest | Permalink Friday, January 18, 2008 3:09 PM

Slow news day, Lat?

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32 Posted by guest | Permalink Friday, January 18, 2008 3:11 PM

Slow Lat day, news?

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33 Posted by Fraternity Lothario | Permalink Friday, January 18, 2008 3:15 PM

Gentlemen with whom I attended Choate often held balls where the only guests were foppish dandies. This was not a conspicuous event.

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34 Posted by guest | Permalink Friday, January 18, 2008 3:18 PM

Why would they have a gay event at Sidebar Grille and not Sidetrack?

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35 Posted by guest | Permalink Friday, January 18, 2008 3:23 PM

Re the K&E Diversity Fellowship:

The fellowship/scholarship is offered to diverse students who already hold offers from K&E.

It's essentially no different than any of the minority/diversity scholarships offered by many other law firms.

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36 Posted by Spare Me | Permalink Friday, January 18, 2008 3:33 PM

Reading the Volokh Conspiracy with Bernstein's posts automatically excluded has really improved the quality of my life. It's an easy way to turn down the volume of a guy who is shrill, boring and repetitive.

http://volokh.com/?exclude=davidb

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37 Posted by guest | Permalink Friday, January 18, 2008 3:34 PM

"Oh. You were serious. Let's put it this way -- if you cut out the first and second years, the copying and service departments and the assistants (i.e, the lower rungs of the law firm ladder), can you still make that statement?"

Depending on how one defines "substantial," yes. I think that under a reasonable threshold of substantiality, it remains a valid statement.

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38 Posted by guest | Permalink Friday, January 18, 2008 3:34 PM

i know this isnt the right place but here is a general question: at what rate do top law firms bill out their associates?

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39 Posted by guest | Permalink Friday, January 18, 2008 3:35 PM

3:34, you're right. This isn't the right place.

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40 Posted by guest | Permalink Friday, January 18, 2008 3:36 PM

LOL, 3:05!

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41 Posted by guest | Permalink Friday, January 18, 2008 3:38 PM

@3:34 douchebag.

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42 Posted by guest | Permalink Friday, January 18, 2008 3:45 PM

i wonder how many appletinis were served at this event

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43 Posted by anon | Permalink Friday, January 18, 2008 3:50 PM

oh surprise, people who read this blog are bigots. go back to defending corporate america, you're wasting billable time.

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44 Posted by Chairman of the Board | Permalink Friday, January 18, 2008 3:52 PM

This party was thrown so the management committee would know who to remove from partnership track.

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45 Posted by guest | Permalink Friday, January 18, 2008 3:55 PM

It is ridiculous that people as worthless to humankind as lawyers could have anything against the gays

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46 Posted by guest | Permalink Friday, January 18, 2008 3:56 PM

Hope there were glory holes.

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47 Posted by guest | Permalink Friday, January 18, 2008 3:59 PM

3:50-3:55,

Welcome! Please stay awhile, let us know if you'd like anything.

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48 Posted by guest | Permalink Friday, January 18, 2008 4:05 PM

Anyone read the names on the K&E diversity scholarship list? It reads like a who's who of Asian and South Asian Americans. Very diverse.

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49 Posted by guest | Permalink Friday, January 18, 2008 4:05 PM

Someone should organize a networking event for Lawyers Advocating Ideological Diversity ("LAID") Flyers could prominently feature the true rationale for diversity initiatives, differences in perspective rather than tan lines. Members would focus on improving dialog rather than balkanizing into identity groups.

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50 Posted by guest | Permalink Friday, January 18, 2008 4:06 PM

Tell me more about these tan lines....

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51 Posted by guest | Permalink Friday, January 18, 2008 4:17 PM

This is a party for the members of a certain firm-sponsored group. I think they can limit their party to their members. So, the underlying question is whether the firm-sponsored group (presumably, a firm-benefit) allows non-GLBT members. If so, then there is no discrimination. If not, then that is more of a problem than the fact of whether the invitation excludes them.

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52 Posted by Anonymous | Permalink Friday, January 18, 2008 4:24 PM

I'm straight and got the invite. If you expressed an interest in "diversity issues" at any point between Day 1 of summer and now, you got on the email list.

Tipster's probably closeted and upset that the email didn't require that he attend.

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53 Posted by Aaron Charney | Permalink Friday, January 18, 2008 4:30 PM

Why didn't I get an invite?

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54 Posted by guest | Permalink Friday, January 18, 2008 4:37 PM

4:24 is right. Maybe Tipster's a closet queen or one of those with "latent homosexual curiosity" and really WANTS to attend, but since it's not required of him and since it's not being advertised as open to non-gays, he's afraid that going would be a public statement of his GBLT-leanings.... He wants to have his cake and eat it too (in the closet, of course, with the bear from IT...mmm, frosting).

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55 Posted by guest | Permalink Friday, January 18, 2008 4:47 PM

This thread is worthless without a picture of the bear from IT.

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56 Posted by bear | Permalink Friday, January 18, 2008 5:01 PM

Who cares? They are a private company and can do what they want.

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57 Posted by guest | Permalink Friday, January 18, 2008 5:17 PM

What, what, in the butt?

OK!

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58 Posted by ChiBigLaw Atty | Permalink Friday, January 18, 2008 5:17 PM

I work in Chicago and at my firm, the diversity committee organized a retreat this last fall for lgbt attorneys and attorneys of color to come network and team-build with the management committee. At the bottom of the invitation, it noted that a similar opportunity would be forthcoming in the spring for female attorneys. Though i generally am supportive of efforts to build greater diversity, this struck me as quite a discriminatory effort by a prominent firm. It was essentially like saying all white male heterosexual attorneys, you're not going to have the opportunity to come network with the most influential attorneys at the firm, you're not going to have the opportunity to come stay at a swanky hotel and team-build with the ones that matter. It struck me WAY wrong! And no, the opportunity was not extended to non-lgbt attorneys or non-attorneys of color. It was a dis-invitation to all others. Does this strike anyone else as wrong?

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59 Posted by guest | Permalink Friday, January 18, 2008 5:18 PM

So if they decided to institute a policy of not hiring or promoting LGBT employees, that would be okay, right 5:01? Get back to those Con Law readings, you've got a long way to go.

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60 Posted by guest | Permalink Friday, January 18, 2008 5:24 PM

Once again, a wasted opportunity to post homoerotic pictures of men on ATL.

I want EYE CANDY with my gay gossip posts, please!

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61 Posted by bear | Permalink Friday, January 18, 2008 5:36 PM

5:18, thanks for setting me straight. I didn't realize how important it was to you to be invited to a reception you would not have attended anyway.

I hit the books like you suggested, but I couldn't find the clause in the Constitution that requires private employers to ask for your permission before hosting receptions for its own employees. Maybe you can help me with that.

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62 Posted by anonny | Permalink Friday, January 18, 2008 5:58 PM

People, please. I'm a straight, white, married, male biglaw associate. Not only does it NOT bother me when firms (or law schools) organize such "discriminatory" events - I actually support and commend their efforts. For all of their (recent) gains, women, minorities and gays/lesbians are still quite marginalized. If they want to get together for drinks and be able to actually "be themselves," great.

What I am troubled by is the fact that anyone would want to go to the crappy Sidebar Grille.

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63 Posted by Richard Epstein | Permalink Friday, January 18, 2008 5:59 PM

Private companies can do whatever they want. There is no state action.

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64 Posted by me | Permalink Friday, January 18, 2008 6:06 PM

For those that think this is no big deal, how is it any different than if there had been a whites-only party? Anybody sending such an email would have been fired instantly.

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65 Posted by READ THE LAW | Permalink Friday, January 18, 2008 6:07 PM

No, private companies cannot "do whatever they want."

Section 2-102 of the Illinois Human Rights Act makes it “a civil rights violation . . . For any employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination or citizenship status.” 775 ILCS 5/2‑102.

“Unlawful discrimination’ means discrimination against a person because of his or her race, color, religion, national origin, ancestry, age, sex, marital status, handicap, military status, sexual orientation, or unfavorable discharge from military service as those terms are defined in this Section.” 775 ILCS 5/1‑103

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66 Posted by guest | Permalink Friday, January 18, 2008 6:10 PM

5:36: After your first year of lawschool, you will learn about this whole other set of laws that, gasp, are not in the Constitution and do apply to private employers.

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67 Posted by guest | Permalink Friday, January 18, 2008 6:37 PM

LOL @ 6:10.

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68 Posted by anon | Permalink Friday, January 18, 2008 6:40 PM

6:07, please enlighten us as to how the statutes you cite would apply in this case. As far as I can tell, the firm did not refuse to hire, promote, or renew employment for any non-invitees. They didn't discharge anyone, or discipline them, or diminish the conditions of their employment.

They held a reception. Get over it.

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69 Posted by Ok, looked at the invite,... | Permalink Friday, January 18, 2008 7:53 PM

and can't really figure out why this firm is inviting ALL lgbt lawyers from Chicago to this shinding. Is this to build up goodwill with the lgbt community at large in Chicago? If so, wouldn't making a substantial contribution to supporting various lgbt issues get its name out there better than a night of cosmos and shrimp and egg roll bites? Or is K&E know for this kind of financial generosity already?

Or is this a not-so-subtle way of recruiting laterals to build up their diversity numbers?

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70 Posted by guest | Permalink Friday, January 18, 2008 10:25 PM

Since it was K&E, the entire firm showed up, right?

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71 Posted by anon | Permalink Friday, January 18, 2008 10:32 PM

K&E donated $25,000 this summer to the Center on Halsted. Which is essentially an LGBT Community Center in Chicago.

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72 Posted by guest | Permalink Saturday, January 19, 2008 11:20 AM

wait, we're talking K&E here. the invite was inclusive. redundant, but inclusive.

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73 Posted by Anon | Permalink Sunday, January 20, 2008 12:13 AM

Maybe the K&E "fellowship" is legal... how about this:

-------------
I received the letter and resume that you recently forwarded to my attention. Unfortunately, the only remaining position available for our summer program at this time is for a 1L minority student. Each year our firm provides a scholarship and paid summer clerkship to an outstanding Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander, Asian and American Indian or Alaskan Native. If you feel you qualify and would like to receive the application and related materials, please let me know. We will be accepting applications until January 28th.

Thank you for your interest in Baker Hostetler.
---------------

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74 Posted by guest | Permalink Sunday, January 20, 2008 2:46 PM

To 6:40--

I'm guessing you are the same commenter as "bear" who didn't realize there are laws outside the U.S. Constitution.

It is interesting how you gloss right over the parts of the statute that might apply, to assert that it clearly doesn't.
It is a “a civil rights violation . . . For any employer . . ."
- to segregate . . .
- to act with respect to recruitment . . .
- to act with respect to terms, privileges or conditions of employment . . .
". . . on the basis of unlawful discrimination or citizenship status.”

The invitation segregates employees into two classes based on unlawful discrimination status (non-LGBT versus LGBT). The event is a recruiting/retention effort. And attending this fancy soiree could be considered a "privilege of employment" granted only to those with one protected status.

If the firm sponsored a "whites only" or "men only" career advancement club, I imagine you'd agree it is covered. Although there is certainly a practical distinction between that and a diversity initative like that under discussion, there is no legal distinction under that law. If you think one is illegal, so is the other.

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75 Posted by guest | Permalink Tuesday, May 27, 2008 1:07 PM

How many transgender K&E associates do you think showed up?

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