Labor & Employment Law Daily Wrap Up, EEOC NEWS—Elite law firms settle allegations of discrimination against white or male employees, applicants, (Apr 14, 2025)

By Patricia K. Ruiz, J.D.

The EEOC alleged the firms' DEI policies, programs, and practices resulted in disparate treatment.

The Equal Employment Opportunity Commission (EEOC) entered into a settlement with Kirkland & Ellis LLP, Latham & Watkins LLP, Simpson Thacher & Bartlett LLP, and A&O Shearman Sterling, LLC, four of the world's largest law firms, to resolve allegations that the firms' diversity, equity, and inclusion (DEI) policies, programs, and practices entailed or resulted in race- and sex-based disparate treatment of white or male employees, applicants, and training program participants.

In March 2025, EEOC Acting Chair Andrea Lucas sent letters to 20 elite law firms inquiring about potential disparate treatment in hiring, compensation, promotion, demotion, separation, and access to privileges of employment, including but not limited to hiring and compensation for summer associate programs and access to mentoring, sponsorship, leadership development, and other training and career development programs. The four firms chose to voluntarily resolve matters with the EEOC, without admission of liability, to avoid extended dispute.

Under the settlement agreement, the firms affirmed their commitment to merit-based hiring, promotion, and retention. The firms agreed not to engage in discrimination or preferences based on race, sex, or other protected characteristics, including in any policies, programs, and practices labeled, characterized, or framed as a diversity or DEI program. Further, the firms agreed to no longer categorize any lawful employment or practices as "DEI."

Companies: Kirkland & Ellis LLP; Latham & Watkins LLP; Simpson Thacher & Bartlett LLP; A&O Shearman Sterling, LLC

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