Gibson Dunn Changes Diversity Award Criteria as Firms Face Suits

Gibson, Dunn & Crutcher changed the eligibility criteria for its diversity scholarships, becoming at least the second major law firm to take the step as rivals face lawsuits targeting similar programs.

The firm’s $50,000 diversity and inclusion scholarship goes to students “who have demonstrated resilience and excellence on their path toward a career in law,” under the new language, which is a change from “students who identify with an underrepresented group,” according to the archival Wayback Machine website. The firm declined to comment on the timing or reasoning for the change.

“Our program has always been—and remains—open to all law students who demonstrate a commitment to diversity in the profession,” said Zakiyyah Salim-Williams, Gibson Dunn’s chief diversity officer. “It is one of many ways we try to reach the best and brightest and encourage them to come work with us.”

Gibson Dunn joins Morrison & Foerster in distancing its programming language from mentioning historical underrepresentation in eligibility criteria. One of Edward Blum’s anti-affirmative action groups, The American Alliance for Equal Rights, sued Morrison & Foerster and Perkins Coie in August, alleging that the firms’ diversity fellowships are unlawful.

A separate Blum group, Students for Fair Admissions, won a US Supreme Court ruling June 29 that effectively barred universities from using race as a factor in admissions. Perkins Coie said it would defend against Blum’s suit “vigorously.”

Risk Averse

The Gibson Dunn language changes are sad but not surprising, said Chantal Raymond, chief executive officer of Inclusive Legal Search. “Firms are risk averse,” Raymond said. “They don’t want to take on litigation. It’s not surprising that they would try to mitigate risks as much as possible.”

It’s natural for firms to review their own programs in light of litigation and legal threats, according to Robin Nunn, a partner at Linklaters.

“I think it’s causing firms to be thoughtful about recruitment programs at their firms,” said Nunn, who sits on one of the American Bar Association’s diversity and inclusion task forces.

The New York-founded Gibson Dunn created the DEI scholarship to foster opportunities for rising second-year law students from underrepresented groups in the legal profession, according to a 2019 press release. Gibson Dunn has over 1,600 attorneys and reported more than $2.7 billion of gross revenue for 2022.

DEI programs have been facing pressure from conservative lawmakers following the Supreme Court decision.

Five Republican state attorneys general sent a letter August 29 to the top 100 law firms to “ensure that you fully comply with your legal duty to treat all individuals equally—without regard to race, color, or national origin—in your employment and contracting practices.” Sen. Tom Cotton (R-Ark.) put law firms on notice for their DEI programs in a similar July 17 letter.

The cases are American Alliance for Equal Rights v. Morrison & Foerster, S.D. Fla., No. 1:23-cv-23189, 8/22/23; and American Alliance for Equal Rights v. Perkins Coie, N.D. Tex., No. 3:23-cv-01877, 8/22/23.