New York State Bar Association Releases Comprehensive Plan

Three months after a pivotal Supreme Court decision that restricted the use of race in university admissions, U.S. Law Firms seeking to protect their diversity, equity, and inclusion (DEI) programs now have access to valuable resources courtesy of the New York State Bar Association. A task force operating under a 30-day deadline has unveiled a comprehensive strategy to preserve and enhance these vital initiatives.

A Pioneering Roadmap

A Response to the Challenge

The 93-page report directly addresses the impact of the Supreme Court’s decision on law firms and private corporations. Tsedale Melaku, a sociologist and author, emphasizes diversity’s critical role in education and the legal profession. The report offers practical recommendations for law firms to legally attract and retain diverse talent, including expanding recruitment beyond the top law schools, investing in pre-law pipeline programs, and curtailing partners’ discretion in choosing associates—often disadvantaging various attorneys.

Want to know if you’re earning what you deserve? Find out with LawCrossing’s salary surveys.

A Warning Against Abandonment

The report highlights that abandoning DEI initiatives could perpetuate historic pay discrimination and other practices with unfair effects on certain protected classes. Rekha Chiruvolu, Chief Diversity Officer of the Rand Corporation, commends the report for providing tangible ideas that can benefit any private employer.

DEI Under Scrutiny

An Experienced Task Force

Responding to these challenges, New York State Bar President Richard Lewis assembled a task force co-chaired by three Paul Weiss attorneys, including former U.S. Attorney General Loretta Lynch and former Homeland Security Secretary Jeh Johnson. Nearly four dozen other Big Law attorneys and law school deans joined them in crafting this comprehensive plan.

Navigating Uncertainty

Upon releasing the report on September 20, Richard Lewis emphasized its significance in defining the post-affirmative action decision landscape. With the uncertain legal terrain in this area, the report’s guidance has been well-received by legal professionals. Robin Nunn, a partner at Linklaters, acknowledges that this is an uncharted and pivotal area in law, emphasizing the report’s importance.

Make informed decisions in real-time. Subscribe to JDJournal and be in the know with the latest legal updates.

Implementing the Recommendations

Some law firms are already taking proactive steps in line with the report’s recommendations. Adam Klein, Managing Partner of Outten & Golden, points out that DEI is a core competency at his firm, underscoring the importance of evaluating what works and charting a path forward.

As U.S. law firms navigate these uncharted waters, the New York State Bar Association’s plan provides a much-needed roadmap for safeguarding and enhancing diversity, equity, and inclusion programs in the legal profession.

Don’t be a silent ninja! Let us know your thoughts in the comment section below.