Trump Administration Warns Biglaw To Improve Diversity
Does the Trump administration really care about diversity?
(Photo by Mark Wilson/Getty Images)
Of all the headlines I imaged I’d write over the course of the Trump presidency, this just isn’t one of them. But the Office of Federal Contract Compliance Programs (OFCCP) director Craig Leen told legal industry representatives at a town hall meeting that his office was concerned about issues of diversity and representation at law firms. Specifically, the following questions were posed by the government:
- How are firms addressing the low representation rates of women, minorities, and minority women at the partner levels?
- How do firms review their current level of people with disabilities?
- How do billable hours requirements accommodate family leave?
- How do firms ensure men and women are treated the same regarding family leave policies?
- How can OFCCP address concerns in disclosing information on equity and non-equity partnership numbers for women and minorities to OFCCP?
Those are some great questions, ones a lot of people are interested in hearing the answers to.
The OFCCP is part of the Department of Labor and tasked with ensuring federal government contractors and subcontractors do not discriminate in employment on the basis of race, color, religion, sex, national orientation, gender identity, disability, or veteran status. It has the ability to take enforcement actions and even sanction contractors it finds in noncompliance. Leen said his office is currently focusing on compliance in the legal industry, financial services industry, tech industry, and universities.
As for the thorny question of whether law firm partners are employees for the purposes of employment law, Leen made it clear those legal distinctions would not halt inquiries, as reported by Law.com:
When some law firm representatives pointed out during question-and-answer sessions that it is controversial whether law firm partners are employees subject to equal employment laws, Leen made it clear that the OFCCP regards associates as employees under its purview and that associate promotion rates to partner would be subject to OFCCP review. “We are going to be looking at that,” Leen said. “We are very keen on the issue of promotions.” He said the office would be issuing guidance soon.
Of course, as noted at the town hall, government contractor work isn’t a main source of income for many Biglaw firms, and as such, may not provide enough leverage to overhaul the industry. But it isn’t the only factor pushing the industry towards change. There are numerous lawsuits against Biglaw firms alleging gender discrimination, student activism agitating for change in the industry, and good, old-fashioned PR concerns pushing firms in the right direction.
It’s certainly interesting to note that it is a retrograde Republican administration that is pushing for increased diversity — it doesn’t seem “on brand” for Trumpland. So, is Leen a true believer in what the law says or is this an administration cudgel to cynically use diversity laws to punish law firms that they see as hotbeds of liberals? I’m not sure how much I care if the end result is meaningful diversity in the top rungs of the legal profession.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
