By Lily Kerr
On April 15, 2025, Democracy Forward Foundation, a nonprofit known for litigating cases against the federal government, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC). Democracy Forward filed the suit on behalf of three unnamed law students who had applied for positions at several of the 20 prestigious law firms targeted by EEOC in its recent request for data and information surrounding diversity, equity, and inclusion (DEI) practices.
Among other items, EEOC requested the law firms provide specific data regarding applicants and employees at their firms, including their names, race and sex information, and information regarding their pay and performance.
The Democracy Forward suit alleges that EEOC acted outside its jurisdiction by requesting this information because the commission currently does not have a quorum of commissioners. Acting Chair Andrea Lucas' request was unprecedented, as it was not a traditional Commissioner’s charge.
Additionally, since the information requests were virtually identical across the 20 issued letters, Democracy Forward claims the requests violated the Paperwork Reduction Act (PRA). The PRA requires any identical information requests of 10 or more individuals or entities be put through a notice and comment process and subsequent approval from the Office of Management and Budget (OMB), including the issuance of a control number to be printed on all documents containing the request. Democracy Forward also mentions that even if the agency had a quorum and an OMB control number, the information could not be requested of employers in the absence of a charge being filed with the agency by an employee or applicant.
In addition to the lack of standing for the request, the law students who are the plaintiffs in the case are concerned regarding the sensitivity of the information involved. The suit mentions that the data points being requested are “private matters” and could lead to significant repercussions if published, including potentially being targeted by the federal government “for any activity or speech it wishes to stifle.”
Although four of the 20 law firms have since reached settlements with EEOC following the issuance of the letters, it is reasonable to assume that other firms may provide EEOC with this data. There is concern that given the letters themselves were published on EEOC’s website, the collected data from the law firms may also become publicly available. The Democracy Forward suit asserts that once the information is released, “the bell of disclosure cannot be unrung.”
The Democracy Forward case is the latest in a series of challenges to actions taken by the Trump administration to further its aim of eliminating “illegal DEI” practices implemented by private organizations. Also on April 15, there was an open letter issued to federal contractors by former OFCCP officials regarding the recent actions of the Trump administration and how their plans to investigate contractors’ DEI programs run afoul of established law.
The 20 law firms that received letters from EEOC are responding in various ways, including requesting extensions, declining to provide information pending legal action, or reaching settlements with the administration in order to have EEOC letter withdrawn. Due to these varied approaches that have been adopted by the firms, it is likely that this matter will continue to unfold over the coming months.
DCI will continue to provide relevant updates on our blog.
