San Francisco law firm, Morrison & Foerster, has made changes to its diversity fellowship criteria in response to a discrimination lawsuit filed by the American Alliance for Equal Rights (AAFER) based in Texas. The lawsuit, led by activist Edward Blum, accused the firm of discriminating against applicants based on their race and sexual orientation. In an effort to address these allegations, Morrison & Foerster has removed race and sexual orientation criteria from the fellowship application, making it open to all law students who demonstrate a commitment to promoting diversity.
The fellowship in question, the "Keith Wetmore 1L Fellowship for Excellence, Diversity, and Inclusion," was targeted by the AAFER for its alleged discriminatory selection process. In light of the lawsuit, the law firm has expanded the eligibility criteria to include all law students who can contribute a diverse perspective to the firm and show a dedication to promoting diversity. This change comes after the Supreme Court's ruling on affirmative action.
Morrison & Foerster's decision to alter its fellowship criteria is in line with advice the firm gives to its clients. The Washington Free Beacon reports that the firm advises clients to review and remove any "unlawful preferences" in their diversity programs. The aim is to ensure that diversity efforts are inclusive and do not exclude any qualified applicants based on their race or ethnicity.
Edward Blum, the activist leading the discrimination lawsuit, argues that excluding students from prestigious fellowships based on their race is not only unfair and divisive but also illegal. Blum believes that such policies diminish individual qualifications and accomplishments, and that most Americans oppose race-based factors in hiring or promotion decisions. In his view, race and ethnicity are attributes, not accomplishments, and he hopes that law firms will end racial restrictions and open fellowships to all qualified applicants.
The AAFER has expanded its legal actions beyond Morrison & Foerster by filing a similar case against the Atlanta-based venture capital fund, Fearless Fund. The lawsuit alleges that Fearless Fund unlawfully limited eligibility in a grant competition to only Black women, potentially violating contracting laws. This case further highlights the ongoing discussions and legal battles surrounding diversity and inclusion efforts in various industries.
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