Labor & Employment Law Daily Wrap Up, LABOR NEWS—NIWR files unfair labor charge against Skadden, Arps, Slate, Meagher & Flom, (Apr 25, 2025)
Organizations Mentioned:Jenner & Block, LLP | Perkins Coie, LLP | Skadden Arps
By Suzanne Cosgrove
The filing accuses Skadden of suppressing discussions among its associates about policy changes related to pro bono work for causes aligned with the Trump administration.
The National Institute for Workers’ Rights (NIWR) has filed an unfair labor practice complaint against Skadden, Arps, Slate, Meagher & Flom LLP, which it says may have violated Section 7 of the NLRA “by interfering with workers’ right to engage in protected concerted activity.” The facts inherent in the charge raise concerns about workers’ ability to engage in “mutual aid and protection,” the NIWR said.
The filing notes concerns arose after Skadden entered into an agreement in March to both provide pro bono legal services to causes that are aligned with the Trump administration, and to curtail its diversity, equity, and inclusion (DEI) initiatives.
The group emphasized it filed the charge as an organization concerned about the violation of workers’ rights—and not on behalf of Skadden’s employees.
Emails blocked. Following the March agreement with the White House, associates used firm email to discuss the changes, submit resignations, plan coordinated rejections of recruitment activities, and express concerns about the impact on what they do, with whom they work, and their ethical obligations.
Skadden interfered with these activities by restricting access to email distribution lists to suppress employee discussions about the firm's policy changes, the filing stated.
“Mutual aid and protection” have been interpreted to implicate terms and conditions of employment, such as how much you earn, when you work, what you do at work, with whom you work, and professional obligations, the NIWR said. “Several of these categories are implicated here,” the group said, and include pro bono assignments, diversity, equity, and inclusion, and professional ethical obligations.
Big Law threatened. On March 6, 2025, President Trump issued an executive order against the law firm Perkins Coie, stating it was committed to ending discrimination under “diversity, equity, and inclusion” policies and cited the firm’s past legal work in the 2016 election. The White House later issued similar orders about other “big law” firms, including Jenner & Block LLP.
An executive order against the firm Paul Weiss was rescinded after the firm agreed to provide $40 million in pro bono services supporting Trump-aligned causes and discontinue DEI initiatives.
Pressure from EEOC. According to a release from the NIWR, pressure on major law firms escalated on March 17 when EEOC Acting Chair Andrea Lucas requested detailed information from Skadden and 19 other firms about their diversity, equity, and inclusion employment practices, particularly targeting programs like the Sponsors for Educational Opportunity (SEO) Law Fellowship.
Numerous law firms, including Skadden, offer the fellowship, which encourages applicants from underserved backgrounds. “These requests were widely viewed as a threat against firms maintaining diversity, equity, and inclusion initiatives,” the release stated.
Farewell to emails. On March 28, Skadden allegedly “turned off firm email lists to silence people” before announcing an agreement with the administration.
Later that day, President Trump announced an agreement with Skadden on Truth Social, stating “Skadden will provide a total of at least $100 Million Dollars in pro bono Legal Services, during the Trump Administration and beyond, to causes that the President and Skadden both support... [and] the Firm will not engage in illegal DEI discrimination and preferences.”
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