EEOC chair requested 'extensive' info from law firms on DEI practices and hiring; did it cross a line? - ABA Journal
Federal Government
Lawyers and legal experts are expressing concerns that the Equal Employment Opportunity Commission’s recent request for comprehensive information about diversity, equity and inclusion-related employment practices at major law firms is not only invasive but also exceeds its authority.
On Monday, EEOC acting chair Andrea Lucas sent letters to Perkins Coie, Kirkland & Ellis and 18 other major firms, stating concerns over their employment and hiring practices, specifically those involving DEI. Lucas says in the letters the firms’ practices might violate Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against a job seeker or employee because of race, color, religion, national origin or sex.
Lucas does not have the authority to act or speak on behalf of the entire EEOC, according to the Lawyers’ Committee for Civil Rights Under Law, a nonprofit organization formed in 1963 at the request of President John F. Kennedy. Official EEOC action requires a quorum of the five-member commission.
“While the rules allow individual EEOC commissioners to initiate a charge of discrimination on their own initiative, all charges must be made under penalty of perjury,” the Lawyers’ Committee said in a press release. “This prevents commissioners from initiating frivolous investigations or abusing the legal process.
“Lucas’ letters are not charges of discrimination. As such, they carry no more weight of authority than if...
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