Winston & Strawn Remains Steadfast in its Dedication to Diversity Initiatives
Winston & Strawn, a prominent law firm, has reaffirmed its commitment to its diversity fellowship program despite facing the threat of legal action from an influential opponent of affirmative action.
A Defiant Response
In a Friday letter, Winston & Strawn partner Cardelle Spangler conveyed the firm’s unwavering stance, asserting, “Our program is appropriate, legal, and compliant, and it will continue.” This declaration was in response to legal threats from Edward Blum’s American Alliance for Equal Rights.
Legal Threats and Accusations
Edward Blum’s organization, renowned for its opposition to affirmative action, sent warning letters to not only Winston & Strawn but also to two other law firms, Hunton Andrews & Kurth and Adams and Reese. The threat was clear: face lawsuits if they failed to eliminate or revise the eligibility criteria for their diversity fellowship programs. The contention made by Blum’s group is that these programs violate federal law by allegedly excluding certain participants based on their race.
Defending Inclusivity
Winston’s program, known as the “1L Leadership Council on Legal Diversity Scholar Program,” has been staunchly defended by Spangler. She explained that it is a program that does not discriminate based on race or ethnicity. Instead, it is open to first-year law students from a “disadvantaged and/or historically underrepresented group in the legal profession.” The eligibility criteria encompass a demonstrated interest in pursuing a career at Winston post-graduation, high academic achievements, and a track record of leadership skills.
Spangler directly countered the group’s assertion that “disadvantaged” and “historically underrepresented” automatically equate to references to race. She firmly stated, “Winston & Strawn does not make employment decisions based on race or ethnicity.”
Firm’s Response and Ongoing Developments
Winston & Strawn has not responded to immediate requests for additional comments regarding the situation.
It’s worth noting that Blum’s group has already withdrawn lawsuits against Perkins Coie and Morrison Foerster after these firms amended their fellowship programs to remove any references to race. Meanwhile, Adams and Reese informed Blum’s organization that they do not intend to accept applications for their “1L Minority Fellowship.” On the other hand, Hunton Andrews chose not to correspond directly with the group.
Increased Scrutiny Post-Harvard Lawsuit
The heightened scrutiny of diversity, equity, and inclusion (DEI) initiatives in the private sector has gained momentum, primarily influenced by Edward Blum’s lawsuit against Harvard University. This lawsuit was pivotal in a June Supreme Court decision that struck down affirmative action in college admissions.
Hunton Andrews has not ruled out potential adjustments to their application standards, as indicated in their statement: “As we do every year, we are currently reviewing and formulating job descriptions and application materials for the Firm’s 1L Diversity Clerkship program for 2024. We may change that program in response to changing legal considerations.”
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