Supreme Court Ruling Prompts Law Firms to Revamp Hiring Practices

2 min read

Supreme Court ruling forces firms to rethink race-based hiring strategies.

Why it matters: It impacts recruitment practices across firms, influencing hiring protocols and compliance with DEI objectives.

  • Diverse hires at top firms dropped to 2,049 in 2023 from 2,371 in 2022.
  • Lateral hiring of diverse candidates fell by 31% in 2023.
  • Firms now consider broader diversity criteria, including socioeconomic status.
  • EEOC confirms DEI programs remain legal and effective.

The Supreme Court's decision in Students for Fair Admissions v. Harvard is prompting law firms to rethink their diversity recruiting strategies, and move from race-based selection to broader, more inclusive criteria.

This ruling dismantled affirmative action in higher education and its ripple effects are impacting the legal sector. Diverse hires at top U.S. law firms fell to 2,049 in 2023 from 2,371 in the previous year. Lateral hiring saw a 23% overall decline, with a notable 31% drop in hiring diverse candidates (Bloomberg Law).

In response, firms including Perkins Coie, Morrison Foerster, and Winston & Strawn are adjusting their diversity fellowship programs. These firms are now considering candidates from diverse socioeconomic backgrounds, not just focusing on race (Washington Post).

Despite the necessary changes, the Equal Employment Opportunity Commission (EEOC) has confirmed that diversity, equity, and inclusion (DEI) initiatives remain lawful. EEOC Chair Charlotte A. Burrows affirms the legality of these efforts, despite scrutiny in the aftermath of the ruling (IADC). However, according to Law360, 64% of diversity professionals report their roles becoming more challenging post-ruling.

By the numbers:

  • 2,049 โ€” Diverse hires at top firms in 2023, down from 2,371 in 2022.
  • 31% โ€” Drop in lateral hiring of diverse candidates in 2023.