ANALYSIS: Can Mandatory Bar Associations Keep DEI Initiatives?

Mandatory bar associations that want to maintain their diversity, equity, and inclusion (DEI) initiatives following the issuance of Executive Order (EO) 14173 must make sure that their DEI programming is closely tied to improving legal services and the regulation of lawyers.

The order directs agencies to investigate organizations in the private sector—state and local bar associations qualify as such—that are engaged in “illegal DEI.” The EO doesn’t clearly define “illegal DEI,” and this vagueness is addressed in multiple lawsuits.

Many corporations aren’t waiting for the outcome of the litigation, however, and have already rolled back their ...