EEOC Admits Response to Inquiry of Law Firm’s DEI Programs was Voluntary – Lawsuit Dismissed

A lawsuit filed by a group of law students after EEOC Chair Andrea Lucas sent letters to 20 prominent law firms requesting extensive information about their DEI programs has been dismissed. The lawsuit’s dismissal does not clear DEI programs of legal risk so employers should view this development as a reminder that DEI practices are under heightened scrutiny, and that careful legal compliance, documentation, and risk assessment remain essential.

As Berkshire previously shared in an earlier post, the agency’s letters to the 20 law firms were part of a broader push to assess whether certain DEI policies may violate Title VII of the Civil Rights Act of 1964 by constituting unlawful disparate treatment based on protected characteristics (race, sex, etc.). In March 2025, the EEOC issued letters to 20 prominent law firms requesting extensive information about their DEI-related employment practices. These letters—made publicly available at the time but since removed from EEOC’s website—were prompted by Executive Order 14230, which directed the EEOC to investigate whether large law firms may be engaging in discriminatory employment practices. The letters were tailored to each firm’s openly shared information about DEI-related programs and successes and requested detailed information including race and sex of applicants and hires for internships, fellowships, attorney hiring, training, and leadership development programs. Firms were given until April 15, 2025 to respond.

In response, the non-profit agency, Democracy Forward, filed a lawsuit on behalf of law students. The lawsuit alleged that the request for information:

• Violated the Title VII charge process due to the absence of a complaint of discrimination—neither from a specific party nor under a commissioner’s charge—which would have required a confidential investigation rather than the public demand for information
• Violated the Paperwork Reduction Act, which requires Office of Management and Budget (OMB) review of information requests directed to more than nine entities

On February 9, 2026, the lawsuit was dismissed. The dismissal notes that EEOC stated that response to the letters “was voluntary, that compliance was not mandatory, and that most law firms did not provide any of the requested information.” While some law firms did provide limited information, none of that data included personally identifiable information.

In response to the dismissal, Skye Perryman, President and CEO of Democracy Forward said, “We encourage all institutions who receive politically motivated investigatory demands and threatening letters from the government to consider if their rights are being violated and what legal options they may have.”

Employers should not interpret the case as an endorsement that the EEOC requests were lawful or permissible. The dismissal was a procedural resolution rather than a legal victory on the merits for the EEOC.

Moreover, the EEOC initiative to examine DEI programs and related employment practices remains ongoing. Employers should proactively review and, if needed, revise DEI policies and practices to ensure compliance with Title VII and related federal law. This includes conducting internal audits of recruitment, hiring, promotion, mentoring, training programs, and employee group structures to ensure they do not inadvertently create liability for disparate treatment claims.