Conservative activist sues two law firms for discriminating against white jobseekers because they only offer fellowships to diverse candidates
- Edward Blum was behind SCOTUS overturning affirmative action in colleges
- Now he's set his sights on diversity hiring in the legal profession
- READ MORE: Top NY med schools hit with complaints over diversity schemes
The legal activist behind the Supreme Court's decision to end affirmative action in college admissions has sued two law firms for discriminating against white jobseekers, in an assault on diversity hiring in corporate America.
The American Alliance for Equal Rights (AAFER) filed lawsuits this week against Perkins Coie in Texas and Morrison & Foerster in Florida, saying the law firms' diversity fellowships excluded applicants based on their race.
Both cases were filed in federal court. They signal how the group and its president Edward Blum have their sights on affirmative action policies in the business sector after a landmark win in higher education.
AAFER previously sued Harvard and the University of North Carolina, paving the way for the Supreme Court's decision in June to declare that considering a student's race for college admissions was unconstitutional.
Edward Blum outside the Supreme Court in Washington DC during his legal campaign against race-conscious admissions policies
Law firm Perkins Coie's 'diversity fellowships' are spotlighted in the new lawsuit
In its new offensive, the group takes aim at Perkins Coie's 'diversity fellowships' for first- and second year law students, which offer $190,000-a-year salaries and five-figure stipends to successful applicants.
Jobseekers must be 'students of color,' LGBTQ+ or have a disability, court documents show — meaning a straight, white able-bodied law student 'cannot apply based solely on his race.'
Likewise, Morrison & Foerster's fellowship scheme seeks only students who are 'African American/Black, Latinx, Native Americans/Native Alaskans, and/or members of the LGBTQ+ community,' papers show.
AAFER filed the complaints in federal courts in the two southern states, where each law firm has an office, on Tuesday, saying the schemes violate the Civil Rights Act of 1866 and need to be shut down.
'Excluding students from these esteemed fellowships because they are the wrong race is unfair, polarizing and illegal,' Blum said in a statement.
'Law firms that have racially-exclusive programs should immediately make them available to all applicants, regardless of their race.'
AAFER can sue the firms because its members include able-bodied, straight white men studying at law schools in Texas and Florida who cannot apply for the fellowships.
The page on diversity hiring from Perkins Coie's website
The group highlighted Pew Research Center polling showing nearly three quarters of Americans, including majorities of blacks and Hispanics, believe employers should not consider race when hiring or promoting staff.
'Race and ethnicity are attributes, not accomplishments,' added Blum.
'It is the hope of this organization, as well as most Americans, that these law firms end these racial restrictions and open these fellowships to all qualified applicants.'
Perkins Coie told The Wall Street Journal they will fight the case.
'As a firm, we have been a leader in efforts to promote diversity, equity, and inclusion in the legal profession,' a spokesperson said.
'Our commitment to those values remains steadfast. We will defend this lawsuit vigorously.'
Morrison & Foerster, did not immediately answer our requests for comment. According to its website, the firm has awarded 136 fellowships to members of 'historically underrepresented groups in the legal industry' this past decade.
Data from The American Bar Association shows that black people are underrepresented in the profession.
They make up 14 percent of the US population, but less than 5 percent of attorneys — a share that's barely changed in more than a decade.
AAFER previously sued Harvard and the University of North Carolina, paving the way for the Supreme Court's controversial decision to declare that considering a student's race for college admissions was unconstitutional
About 10 percent of practicing attorneys fall into other minority groups.
Since the Supreme Court's decision on affirmative action in higher education, conservative activists and politicians have sought ways to overturn similar diversity hiring programs in the private sector.
Republican officials have written to corporate law firms and big corporations, warning them against pursuing illegal racial quotas in their so-called 'diversity, equity and inclusion' (DEI) schemes for hiring and promoting staff.
For some, diversity schemes are important and necessary, as they can help to overcome historical racism and sexism and make it easier for people of all backgrounds to get ahead in education and work.
Critics, however, say they're a form of reverse racism that unfairly blows back on white men.
Others still say they may be well-intentioned, but seldom achieve their desired outcomes and often make things worse by stirring up divisions in offices and classrooms.
