Law Students Challenge EEOC’s Investigative Actions Against Major Law Firms
April 17, 2025, 9:43 am CDT
Three law students have initiated legal action against the Equal Employment Opportunity Commission (EEOC) concerning its investigative requests directed at 20 prominent law firms.
On April 15, the lawsuit was filed in the U.S. District Court for the District of Columbia, claiming that the EEOC exceeded its authority by requiring major law firms to provide sensitive personal data about their employees and applicants from periods spanning six to ten years.
The plaintiffs, who are represented by Democracy Forward, a nonprofit legal advocacy group, have chosen to remain anonymous. Their representations express concern over the implications of the EEOC’s demands, citing fears about potential exposure of their personal information, including demographics and employment histories.
As reported by Reuters, this legal action is perceived as part of a broader resistance to the Trump administration’s initiatives aimed at disrupting diversity, equity, and inclusion programs within significant law firms.
Concerns Over Data Privacy and Legal Authority
The law governing the EEOC stipulates that such investigations can only proceed following the filing of specific charges, imposing strict confidentiality protocols on these processes. The plaintiffs assert that the EEOC’s approach in this instance fails to align with these legal standards.
The investigative action was initiated via a letter dated March 17, wherein the EEOC formally requested sensitive information highlighting personal details regarding the applicants’ employment history, such as:
- Name
- Sex
- Race
- Contact information
- Academic performance
- Compensation details
The firms under scrutiny include notable names such as:
- Perkins Coie
- Cooley
- Reed Smith
- A&O Shearman
- Debevoise & Plimpton
- Freshfields Bruckhaus Deringer
- Goodwin Procter
- Hogan Lovells
- Kirkland & Ellis
- Latham & Watkins
- McDermott Will & Emery
- Milbank
- Morgan, Lewis & Bockius
- Morrison & Foerster
- Ropes & Gray
- Sidley Austin
- Simpson Thacher & Bartlett
- Skadden, Arps, Slate, Meagher & Flom
- White & Case
- Wilmer Cutler Pickering Hale and Dorr
Responses from Law Firms and Compliance Deals
In response to the EEOC’s actions, several firms have reportedly negotiated terms with the Trump administration intended to avert punitive consequences, including the loss of security clearances critical for their roles as government contractors. Among these firms, Kirkland & Ellis, Latham & Watkins, A&O Shearman, Simpson Thacher & Bartlett, Milbank, and Skadden have taken such steps.
However, the specifics of whether these agreements address the EEOC’s demands remains unclear as further details on compliance have not been disclosed.
For additional insights into the EEOC’s inquiries regarding diversity practices within law firms, further coverage can be explored in industry reports and analyses.
