Despite professional legal ethics rules prohibiting discrimination in the practice of law and various policies to prevent discrimination, the legal field has bleak diversity statistics and reports of widespread bias against women lawyers, especially those identifying with multiple intersectional identities. Current lawsuits on affirmative action practices in employment settings may have a significant impact on the legal industry, particularly during a time when criticism of DEI programs and “reverse discrimination” lawsuits already are on the rise. Join us for this informative CLE in which panelists discuss the current state of diversity in the legal industry, thwarted attempts to rectify explicit and implicit bias, how to draft policies, and possible solutions that meet diversity goals without risking a reverse discrimination claim.

Topics:

• Statistics regarding women in the legal profession (including for women with intersectional identities)
• Factors or conditions that predict discrimination
• How the legal profession has dealt with DEI in the practice of law with clients
• Why the implementation of Rule 8.4.1 and written DEI and anti-discrimination policies traditionally have fallen short of eliminating discrimination in the legal profession and what can be done
• Implications for the future related to ongoing litigation against law firms for allegedly discriminating against white candidates in paid fellowships designed in part to help support the recruitment of people of color