Communicating with the Partnership about the EEOC’s Letter
On Monday March 24, Andrea Lucas, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), sent an open letter to 20 law firms requesting information about their diversity, equity, and inclusion (DEI) practices. She expressed concern that certain DEI programs may constitute “unlawful disparate treatment” in violation of Title VII of the Civil Rights Act of 1964.
Ms. Lucas’ decision puts law firms into a complex legal and communications position, and firm leaders should assess—alongside their experienced communications advisors—how to address these developments directly with their partners in a formal manner, if they have not done so already.
Additionally, firms that did not receive Ms. Lucas’ letter should remain vigilant. Many Am Law 100 firms have implemented progressive employment initiatives over the past decade, and the EEOC could easily expand the scope of its inquiry beyond the initial 20 firms. Firms that were not initially named should prepare for the possibility of additional scrutiny, including decisions on whether, how, and when to discuss their response with firm owners.
A Straightforward Acknowledgment to the Partnership
When communicating with partners about the EEOC action, a straightforward verbal acknowledgment is sufficient. Adding this update as an agenda item to a regularly scheduled partner conference call is ideal.
At this stage, firm leadership does not need to provide extensive details on how they are responding to the EEOC’s request. However, at a minimum, leadership should verbally acknowledge receipt of the letter to establish transparency and trust. Additionally, they should briefly outline any initial steps the firm has taken to address the issue, without delving into specifics.
This communication also presents an opportunity for firm leadership to reaffirm its commitment to diverse teams. After years of prioritizing diversity in the legal profession, failing to formally acknowledge the EEOC inquiry could be misinterpreted negatively.
Furthermore, this moment allows leaders to reinforce the well-documented benefits of a diverse workforce. A 2023 McKinsey study of 1,265 companies across 23 countries found that businesses with more diverse teams consistently outperformed those without—findings that align with similar McKinsey reports from 2015, 2018, and 2020. Many other studies published in the past decade have reached similar conclusions.
The Importance of a Regular Partner Call
Ideally, firms that received the EEOC letter already hold a biweekly partner-only conference call or Zoom meeting to discuss important matters. This forum enables firm leaders to address the EEOC’s actions in a neutral, prepared setting, integrating the update into a broader agenda of firm communications in a measured and unalarming manner.
Firms that lack a regular communication cadence—particularly a standing partner-only meeting—should consider establishing one, especially given the current political climate. Regular calls provide transparency on a range of firm-wide issues. With the federal government signaling an appetite for additional, high-profile actions against Big Law, these calls offer a controlled environment where leadership can address sensitive topics verbally.
Engaging Experienced Communications Counsel
Firm and practice leaders should consider expanding their circle of trusted communications advisors during this uncertain period. A diversity of senior voices from inside and outside the organization will be key in navigating the pressures of the next four years.
Firm leadership should also ensure their communications teams understand federal policy proposals that could impact law firms. Leaders and communications professionals alike should be analyzing Project 2025 to identify potential implications for law firms, their partners, and their clients.
Additionally, communications teams should provide firm leadership with daily press summaries on relevant policy issues—if they are not already. In the era of generative AI, tools like ChatGPT can quickly generate summaries for time-strapped communications teams, keeping in mind to review those summaries for accuracy because AI is not infallible.
