Oh, Florida.
Florida Attorney General James Uthmeier just made the latest move to make his state the MAGA-ist of them all. Uthmeier just sent a memo to law firms letting them know that his office will not hire law firms as outside counsel that have diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) policies. And yes, that’s wildly broad.
As the Palm Beach Post reports, the DEI net is cast particularly wide. The following will stop a firm from getting hired by the AG’s office:
- DEI websites that offer job notices “indicating a preference for hiring individuals with certain racial, ethnic, or sexual orientation characteristics.”
- Workplace DEI trainings “that are so egregious as to constitute a plausible basis for a hostile work environment claim or allegation.”
- A diversity ranking system known as the Minority Corporate Counsel Association Scorecard which grades firms “on their ‘percentile ranking of the representation of underrepresented racial and ethnic groups, gender and LBGTQ+ per level and the overall disclosure of DEI data versus firms of a similar size,’” the memo says.
- Any diversity targets in hiring, promoting or contracting.
- Fellowship and mentorship programs restricted to specific races, ethnicities, genders, or sexual orientations.
Yes, even affinity groups are banned under this retrograde policy. If you think this sound like a cartoon villain, well, you aren’t alone.
“If you go to other states across the country, attorneys general are fighting for consumer protection and consumer rights, not going after gay clubs and law firms who dare have a commitment to their diverse communities,” Rep. Anna Eskamani, D-Orlando, said. “It’s so out of touch from what everyday people want. I mean, it’s so cartoonish.”
According to the memo, firms “that have demonstrated a history of racially discriminating against their own attorneys, staff, and job applicants will no longer be considered eligible for state work, absent a compelling demonstration of changed behavior and a rejection of discriminatory principles.” But, to be clear (in case it wasn’t already), some of what firms are being punished for isn’t discriminatory. And not in an of-course-DEI-is-not-discrimination way (which is also true) but in an adjudicated-by-a-federal-court way.
One of the barred activities (if a firm wants a Florida contract) is participation in the Mansfield Certification program. But in May, a federal judge found, “Mansfield Rule expressly does not establish any hiring quotas or other illegally discriminatory practices, requiring only that participating law firms consider attorneys from diverse backgrounds for certain positions.” So it’s pretty clear that, despite the bluster about discrimination, this is *really* about far-right policy goals.
Speaking of, the memo also takes its shots at climate change — that is, stopping climate change.
Also, NetZero Lawyers Alliance, which commits to “support the goal of net zero” carbon dioxide emissions by 2050, “embodies the worst of the discriminatory ESG apparatus,” according to the memo. And NetZero Practice Groups, which the memo asserts push DEI and ESG policies onto corporate clients “making this promotion of discriminatory policies in a prime money-making operation while undermining the rule of law and other principles that Florida holds dear.”
With the president taking aim at Biglaw, it was inevitable that red states would also shoot their shot.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
Kathryn Rubino is a Senior Editor at Above the Law, host of The post Florida AG Declares War On Law Firms Over DEI appeared first on Above the Law.
