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Major Law Firm Updates Eligibility Criteria Amidst Legal Challenges
Gibson, Dunn & Crutcher, a prominent law firm, has altered the eligibility criteria for its diversity scholarships, becoming one of the latest firms to make this change in response to ongoing lawsuits against similar programs within the industry.
A Shift in Scholarship Language
Under the new criteria, the firm’s $50,000 diversity and inclusion scholarship will now be awarded to students “who have demonstrated resilience and excellence on their path toward a career in law.” This represents a departure from the previous language, which referred to “students who identify with an underrepresented group,” as archived on the Wayback Machine website. Gibson, Dunn & Crutcher have refrained from commenting on the reasons behind this adjustment and the timing of the change.
An Inclusive Approach
Zakiyyah Salim-Williams, Chief Diversity Officer at Gibson Dunn, emphasized the firm’s commitment to diversity within the legal profession, stating, “Our program has always been—and remains—open to all law students who demonstrate a commitment to diversity in the profession. It is one of many ways we try to reach the best and brightest and encourage them to come to work with us.”
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Following Suit
Gibson Dunn & Crutcher is not alone in revising the language of its diversity programs. Morrison & Foerster has also distanced itself from language referencing historical underrepresentation in its eligibility criteria. Morrison & Foerster and Perkins Coie faced legal action in August when The American Alliance for Equal Rights, an anti-affirmative action group led by Edward Blum, filed a lawsuit alleging that the firm’s diversity fellowships were unlawful.
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Navigating Legal Challenges
Chantal Raymond, CEO of Inclusive Legal Search, commented on the changes, saying, “The Gibson Dunn language changes are sad but not surprising. Firms are risk-averse and don’t want to take on litigation. Unsurprisingly, they would try to mitigate risks as much as possible.”
Robin Nunn, a partner at Linklaters and a member of one of the American Bar Association’s diversity and inclusion task forces, highlighted the impact of litigation on firms’ recruitment programs, stating, “I think it’s causing firms to be thoughtful about recruitment programs at their firms.”
The Background
Gibson, Dunn & Crutcher introduced the DEI scholarship in 2019 to create opportunities for second-year law students from underrepresented groups in the legal profession. The firm, headquartered in New York, boasts a team of over 1,600 attorneys and reported gross revenue exceeding $2.7 billion in 2022.
Political Pressure on DEI Programs
Conservative lawmakers have been exerting pressure on DEI programs within law firms following a Supreme Court decision. In late August, five Republican state attorneys general sent a letter to the top 100 law firms, urging compliance with equal treatment standards. Similarly, Senator Tom Cotton (R-Ark.) issued a letter in July targeting law firms’ DEI initiatives.
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