Perkins Coie was one of the first firms Donald Trump targeted when he started firing off retaliatory executive orders. It’s hard to separate the order from Perkins boasting a long history representing the Democratic Party and the voting rights work of former Perkins partner Marc Elias… and the court agreed. After Perkins filed a scathing complaint, the court tossed the administration’s executive order as unconstitutional.
But just because a firm combats the worst excesses of the administration, doesn’t mean it’s immune from a few strategic, potentially cheeky concessions.
In addition to the executive order, the EEOC tagged Perkins as part of its attempt to recast any and all diversity initiatives as reverse discrimination. It’s hard to say if anything has substantively changed over at Perkins, but the website has gotten a bit of an overhaul with a “Diversity, Inclusion, and Opportunity” landing page.
Checking the Wayback Machine, Perkins had previously branded its outreach efforts as “Diversity and Inclusion” so the addition of “Opportunity” isn’t just a cheap replacement for “Equity.” But a few things have changed. The Diversity page cataloged by Wayback foregrounded the firm’s Mansfield certification — missing from the latest version. Replaced with a vague acknowledgement that somebody has called them a great place to work in the past.
Since the White House has explicitly attacked the Mansfield Rule, this seems like a cheeky effort to duck an administration that makes enforcement decisions on the basis of blind acceptance of web searches. Remember these are the dingbats who railed against scientists “making transgender mice” because they don’t know what transgenic means.
While other firms are slashing affinity groups, Perkins maintains over 20. Though now they stress that “All resource groups at Perkins Coie are open to everyone.”
But… are there really white dudes who are going to join up with the “African American/Black Lawyers” group? There may be a proto-Neil Gorsuch out there who will crash the “Native American Lawyers,” but by and large — especially at a firm with such a well-known reputation that associates have likely self-selected for liberal politics — opening affinity groups to everyone isn’t going to change much.
The firm’s “Diversity & Inclusion Fellowship Program” still gets prominent billing and a whole section on “Our Commitment To Racial Equality” remains as well.
We’ve leveled a lot of criticism at firms and law schools trying to “obey in advance” and hide diversity initiatives. Even when the firms try to downplay the changes as cosmetic, the very idea of hiding diversity sends a signal that they’re ashamed of their people.
And yet, the Perkins tweaks feel a lot more like a clever tactical move. They aren’t shying away from diversity, they aren’t hiding their affinity groups, they’re still trumpeting their fellowship program… they’ve just inserted enough language to give them a better argument down the road. “What do you mean, we have discriminatory groups? The ‘Women of Color’ group is open to everyone!”
Which, even under the most aggressive reading that the EEOC could take, should be sufficient.
Earlier: Perkins Coie Drags Trump Administration Clear To Hell In New Lawsuit
It’s Official: Executive Order Targeting Perkins Coie Is Unconstitutional
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
The post Biglaw Firm Fighting Trump In Court, But Still Making Tweaks To Diversity Statements appeared first on Above the Law.
Perkins Coie was one of the first firms Donald Trump targeted when he started firing off retaliatory executive orders. It’s hard to separate the order from Perkins boasting a long history representing the Democratic Party and the voting rights work of former Perkins partner Marc Elias… and the court agreed. After Perkins filed a scathing complaint, the court tossed the administration’s executive order as unconstitutional.
But just because a firm combats the worst excesses of the administration, doesn’t mean it’s immune from a few strategic, potentially cheeky concessions.
In addition to the executive order, the EEOC tagged Perkins as part of its attempt to recast any and all diversity initiatives as reverse discrimination. It’s hard to say if anything has substantively changed over at Perkins, but the website has gotten a bit of an overhaul with a “Diversity, Inclusion, and Opportunity” landing page.
Checking the Wayback Machine, Perkins had previously branded its outreach efforts as “Diversity and Inclusion” so the addition of “Opportunity” isn’t just a cheap replacement for “Equity.” But a few things have changed. The Diversity page cataloged by Wayback foregrounded the firm’s Mansfield certification — missing from the latest version. Replaced with a vague acknowledgement that somebody has called them a great place to work in the past.
Since the White House has explicitly attacked the Mansfield Rule, this seems like a cheeky effort to duck an administration that makes enforcement decisions on the basis of blind acceptance of web searches. Remember these are the dingbats who railed against scientists “making transgender mice” because they don’t know what transgenic means.
While other firms are slashing affinity groups, Perkins maintains over 20. Though now they stress that “All resource groups at Perkins Coie are open to everyone.”
But… are there really white dudes who are going to join up with the “African American/Black Lawyers” group? There may be a proto-Neil Gorsuch out there who will crash the “Native American Lawyers,” but by and large — especially at a firm with such a well-known reputation that associates have likely self-selected for liberal politics — opening affinity groups to everyone isn’t going to change much.
The firm’s “Diversity & Inclusion Fellowship Program” still gets prominent billing and a whole section on “Our Commitment To Racial Equality” remains as well.
We’ve leveled a lot of criticism at firms and law schools trying to “obey in advance” and hide diversity initiatives. Even when the firms try to downplay the changes as cosmetic, the very idea of hiding diversity sends a signal that they’re ashamed of their people.
And yet, the Perkins tweaks feel a lot more like a clever tactical move. They aren’t shying away from diversity, they aren’t hiding their affinity groups, they’re still trumpeting their fellowship program… they’ve just inserted enough language to give them a better argument down the road. “What do you mean, we have discriminatory groups? The ‘Women of Color’ group is open to everyone!”
Which, even under the most aggressive reading that the EEOC could take, should be sufficient.
Earlier: Perkins Coie Drags Trump Administration Clear To Hell In New Lawsuit
It’s Official: Executive Order Targeting Perkins Coie Is Unconstitutional
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
The post Biglaw Firm Fighting Trump In Court, But Still Making Tweaks To Diversity Statements appeared first on Above the Law.
