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On May 15, 2026, the American Bar Association’s Council voted to repeal Standard 206, the diversity and inclusion accreditation requirement for U.S. law schools, and the repeal became final on September 8, 2026. We covered that process in ABA DEI Rule for U.S. Law Schools Repealed by Council. Standard 206 applied to law school accreditation, not to law firm employment practices. During the same period, federal agencies took several separate actions that address law firm DEI hiring and recruiting directly. This article reports those actions, as documented in the underlying records.

EEOC Letters to 20 Firms on Law Firm DEI Hiring

On March 17, 2025, then-Acting EEOC Chair Andrea Lucas sent letters to 20 law firms requesting information about each firm’s DEI-related employment practices. In an official statement, Lucas described the agency’s concerns: “some firms’ employment practices, including those labeled or framed as DEI, may entail unlawful disparate treatment in terms, conditions, and privileges of employment, or unlawful limiting, segregating, and classifying based on race, sex, or other protected characteristics, in violation of Title VII of the Civil Rights Act of 1964.”

The EEOC also established the email address lawfirmDEI@eeoc.gov, which whistleblowers can use to submit information about law firm DEI hiring and other practices.

In April 2025, three law students sued the EEOC over the letters. On February 9, 2026, the parties filed a stipulation of dismissal. According to HR Dive’s reporting, the EEOC acknowledged three points in the dismissal: responses to the letters were voluntary, compliance was not mandatory, and most firms did not provide the requested information.

EEOC and DOJ Guidance on Law Firm DEI Hiring Practices

On March 19, 2025, the EEOC and the U.S. Department of Justice jointly released technical assistance documents on workplace DEI. The EEOC document, titled “What You Should Know About DEI-Related Discrimination at Work,” states that Title VII’s prohibition against disparate treatment includes disparate treatment in:

“Access to or exclusion from training (including training characterized as leadership development programs); access to mentoring, sponsorship, or workplace networking / networks; internships (including internships labeled as ‘fellowships’ or ‘summer associate’ programs); [and] selection for interviews, including placement or exclusion from a candidate ‘slate’ or pool.”

On February 26, 2026, the EEOC issued a separate letter to Fortune 500 leadership reiterating Title VII obligations related to DEI initiatives. According to the document, “the widespread adoption of DEI in the Fortune 500 and elsewhere in our country does not change longstanding legal prohibitions against the use of race, sex, and other protected characteristics in employment.”

Supreme Court Decision Affecting Law Firm DEI Hiring Claims

In 2025, the U.S. Supreme Court decided Ames v. Ohio Department of Youth Services. The unanimous opinion held that Title VII “establish[es] the same protections for every ‘individual’—without regard to that individual’s membership in a minority or majority group.” The EEOC later cited the Ames decision in its guidance on Title VII and DEI.

Executive Order 14398 and Law Firm DEI Hiring for Federal Contractors

On March 26, 2026, President Donald Trump signed Executive Order 14398, titled “Addressing DEI Discrimination by Federal Contractors.” The order defines “racially discriminatory DEI activities” as “disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity’s resources.”

The order directs federal agencies to insert a corresponding clause into covered contracts. The FAR Council implemented it through an April 17, 2026 memorandum creating a new contract clause, FAR 52.222-90, which agencies began adding to new solicitations and contracts in late April. Agencies were directed to modify existing covered contracts by July 24, 2026.

The order faces two legal challenges. On April 22, 2026, a coalition led by the National Association of Diversity Officers in Higher Education filed suit challenging the order itself. On June 10, 2026, a coalition of 19 states and the District of Columbia filed a separate lawsuit in the U.S. District Court for the District of Maryland, arguing that the agencies’ implementation violated the Administrative Procedure Act by skipping the required notice-and-comment process and failing to explain what the new terms prohibit. As of this update, we have not found a final ruling in either case.

EEOC Quorum and Enforcement Posture

The EEOC regained its three-member quorum in October 2025, when Brittany Panuccio was sworn in, and Andrea Lucas was later named Chair. The agency’s February 26, 2026 letter to Fortune 500 leadership describes its current posture: with quorum restored, the Commission is “empowered to bring all types of cases in federal court, including systemic cases; pattern and practice lawsuits; and other large-scale litigation.”

About Toppe Consulting

Toppe Consulting is a digital marketing agency in South Carolina, working exclusively with solo practitioners and small law firms. As federal actions affecting law firm hiring continue to develop, we offer two core service lines for legal practices.

Our law firm digital marketing solutions cover SEO, content strategy, paid media, and web presence. Our law firm public relations services support attorneys in earning media coverage and managing their public communications. For more information, contact Toppe Consulting.

Disclaimer

Toppe Consulting is a marketing and public relations firm, not a law firm. The information in this article on law firm DEI hiring is provided for general informational purposes only. It draws from public reporting and primary-source documents, including official EEOC publications and press releases, the Federal Register, state attorney general announcements, and U.S. Supreme Court opinions. Nothing in this article constitutes legal advice, compliance guidance, employment guidance, or a recommendation on any course of action. Toppe Consulting is not affiliated with the American Bar Association, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Justice, or any party referenced. Readers seeking legal advice should consult a licensed attorney in their jurisdiction. The views expressed do not necessarily reflect those of our clients or partners.

About the Author

Jim Toppe is the founder of Toppe Consulting, a digital marketing agency working exclusively with solo practitioners and small law firms. He holds a Master of Science in Management from Clemson University, teaches Business Law and Marketing at Greenville Technical College, and is the publisher of South Carolina Manufacturing, a digital magazine.

Works Cited

EEOC Letters to 20 Law Firms and Subsequent Litigation

“EEOC Acting Chair Andrea Lucas Sends Letters to 20 Law Firms Requesting Information About DEI-Related Employment Practices.” U.S. Equal Employment Opportunity Commission, March 17, 2025.
Colvin, Caroline. “Legal group claims victory after EEOC ‘retreated’ on law firm DEI letters.” HR Dive, February 10, 2026.

EEOC and DOJ Guidance Documents

“What You Should Know About DEI-Related Discrimination at Work.” U.S. Equal Employment Opportunity Commission, March 19, 2025.
“Reminder of Title VII Obligations Related to DEI Initiatives.” U.S. Equal Employment Opportunity Commission, February 26, 2026.

Supreme Court Decision

Ames v. Ohio Department of Youth Services (2025). Referenced in EEOC Title VII guidance, footnote 5.

Executive Order 14398 and Related Litigation

Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors.” 91 Fed. Reg. 16,147 (March 31, 2026). Signed March 26, 2026.
Kelly, T. Scott, Nonnie L. Shivers, and Zachary V. Zagger. “Legal Challenge Mounted to New Anti-DEI Executive Order Targeting Federal Contractors.” Ogletree Deakins, April 22, 2026.
“Attorney General Brown Co-Leads Lawsuit Challenging Unlawful Trump Administration Mandates on Federal Contractors.” Maryland Office of the Attorney General, June 2026. oag.maryland.gov

EEOC Quorum and Leadership