Paul Weiss Anti-DEI Pledge to Trump Risks Slowing Diversity Work

Paul Weiss’ agreement Thursday for experts to audit its employment practices in search of illegal DEI risks slowing diversity efforts as President Donald Trump accelerates his crackdown.

“Paul Weiss affirms its commitment to merit-based hiring, promotion, and retention,” Trump said in a post on his Truth Social platform, “and will not adopt, use, or pursue any DEI policies.” He said he and the firm will agree on an auditor within 14 days.

The move adds to diversity advocates’ pessimism, who worry that DEI efforts such as fellowship programs and anti-bias training firms employed after the police killing of George Floyd will be further dismantled. The president’s Equal Employment Opportunity Commission on March 17 sent letters to 20 law firms saying the agency was investigating possible discrimination in their diversity programs.

“You will see fewer numbers of black and brown lawyers, and lawyers from disadvantaged backgrounds, in this country,” said Aria Branch, a partner at Elias Law Group, a firm owned by Marc Elias, whom Trump has criticized publicly in recent weeks. She said she expects “scare tactics” to reverse some progress firms have made if they are forced to shutter programs due to federal scrutiny. “This could impact the profession for years to come.”

Nikia Gray, executive director at the National Association of Law Placement, said she is watching for who will be appointed for the Paul Weiss audit and what will happen to the results. “It’s incredibly important that law firms show that they’re “still committed to do this work” of increasing diversity, she said.

Trump’s anti-DEI push through the Equal Employment Opportunity Commission and executive orders have had an effect on law firms, according to two diversity professionals at top 100 law firms who spoke on the condition of anonymity. One described a state of paralysis, and the other described being in defense mode.

“If you’re operating now within that sort of reality, at least from a defensive position, then you’re afraid to move or take a step on anything,” the first person said. Both requested anonymity because their firms didn’t authorize them to speak.

Still, the language changes on law firm websites shouldn’t be seen as a retreat, according to one diversity professional at an AmLaw 200 firm. “You could call it baking class and it’s the same work,” said this person, who requested anonymity to speak without permission from the firm.

Paul Weiss

Before Paul Weiss Rifkind Wharton & Garrison made its agreement with Trump on Thursday, the firm had removed several pages that detailed its outlook on inclusion, according to the archives on the Wayback Machine website. Paul Weiss also removed its diversity data and a tab highlighting women at the firm, and it axed mentions of their Center to Combat Hate, which took on pro bono cases.

While Paul Weiss does not use the term “diversity, equity and inclusion,” it maintains initiatives and programs that traditionally have fallen under that description. For instance, it has diversity-minded fellowships and pipeline programs. It also has a chief dedicated to inclusion work.

Paul Weiss did not respond to a request for comment. The firm is not alone in tampering with its website and program definitions.

Sidley Austin has changed the title of its “chief diversity equity officer” to “chief inclusion officer.” Greenberg Traurig took down references on its website to the firm’s affinity groups, according to archives on the Wayback Machine.

“Changing the language is not going to be a silver bullet,” said Danielle Conley, who served in the Office of White House Counsel for President Joe Biden. “At the end of the day, institutions have to do the work of assessing whether they’ve got practices and programs that run afoul to the civil rights laws.”

DLA Piper on March 18 went beyond merely making website changes. The firm said it is disbanding its minority organizations and affinity groups, according to a firm email viewed by Bloomberg Law.

‘No Favoritism’

Trump’s efforts are ironic to many diversity advocates in that some law firms have historically have struggled to diversify their workforces. The pace of progress at law firms is abysmal, Gray said.

“Given the numbers and what we’re looking at, this tells me that there is no favoritism happening at these law firms with regards to race and ethnicity for individuals,” she said.

Diversity work was just beginning to bear fruit. People of color made up less than 13% of law firm partners in 2024, which is the highest since NALP’s tracking. Racial minorities and women are only recently making milestones in their representation at law firms. Women made up more than 50% of law firm associates for the first time in the 32 years NALP tracked the data.

The federal anti-DEI push is forcing firms to bring in more stakeholders to their discussions and planning of diversity initiatives, including managing partners and general counsels, said Michael Coston, founder of Coston Consulting. “I don’t think the commitment to equality is going anywhere,” he said.

Gray said she is optimistic that law firms will ultimately “show the rest of the industry that there is a place to do diversity, equity and inclusion work that fits squarely within the scope of the laws as they’ve been defined.”