By David Cohen and Joanna Colosimo
On Friday, April 11, 2025, the Equal Employment Opportunity Commission (EEOC) issued an announcement that they have settled with four “BigLaw” firms over diversity, equity, and inclusion (DEI) practices. The settlement, which was in response to a March 17, 2025, letter sent by EEOC’s Acting Chair, Andrea Lucas, includes Kirkland & Ellis LLP, Latham & Watkins LLP, Simpson Thacher & Bartlett LLP, and A&O Sherman Sterling, LLC.
The firms, which were originally part of a group of 20 firms to receive letters from EEOC, voluntarily chose to resolve matters without admission of liability to avoid an extended dispute with the Commission. Under the multi-year agreement, the law firms affirmed their commitment to lawful and ‘merit-based’ hiring, promotion and retention. Additionally, the firms agreed to not engage in unlawful discrimination or preferences based on race, sex, or other protected characteristics, as aligned to the law, including within their previously labeled DEI programmatic efforts.
Interestingly, the agreement required that the firms decouple lawful programs (i.e. those addressing equal employment opportunities (EEO) and reasonable accommodations) from their DEI initiatives. The announcement specifically states the following (emphasis added):
Under the multi-year agreement, the law firms affirmed their commitment to lawful merit-based hiring, promotion, and retention; agreed not to engage in unlawful discrimination or preferences based on race, sex, or other protected characteristics, including in any policies, programs, and practices previously labeled, characterized, or framed as a diversity or DEI program; agreed to no longer categorize any lawful employment or practices (including those addressing equal employment opportunity, accessibility, or reasonable accommodation for religion, disability, or pregnancy) as DEI; and agreed to compliance monitoring.
DCI will continue to follow the trends of EEOC actions and provide relevant updates as they occur.
