Biglaw

Sidley Settles Federal Probe Over Diversity Of Its Summer Associate Program

The Trump administration said they were going to look closely at Biglaw diversity.

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Sidley Austin (photo by David Lat).

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) director Craig Leen told Biglaw he was coming for them, and that’s exactly what happened. Back in April of 2019, Leen told legal industry representatives at a town hall meeting that his office was concerned about issues of diversity and representation at law firms. As a result of a probe into diversity in Sidley’s summer associate program, the Biglaw giant will now offer, inter alia, additional internships and scholarships to diverse candidates.

As reported by Law360, the OFCCP’s claims against Sidley largely boil down to a failure to maintain and track employment data and to analyze it for bias:

The OFCCP alleged Sidley failed to accurately track race, ethnicity and gender data for applicants to its summer associate program and that this prevented the agency from analyzing its hiring, according to a portion of the agreement discussing the agency’s claims. The firm also failed to preserve personnel or employment records for staff in its Los Angeles office, and did not analyze its “total employment process” to root out “impediments to equal opportunity” within its bonus program for associates at its New York and Los Angeles offices in certain years, the OFCCP said. Sidley denies these allegations.

To settle the claims, as stated above, the Biglaw firm will offer more internships and scholarships to diverse candidates, which is valued at ~$150,000. Additionally, Sidley will look at partnerships with the Hispanic Association of Colleges and Universities and other “organizations with established internship programs.” The firm will “expand its already robust outreach” to diverse law students, specifically by providing job postings to and seeking applications from historically Black colleges and universities and the Asian Pacific Islander American Association of Colleges and Universities.

To settle the tracking claim, Sidley will train its Los Angeles-based office staff and share job openings with “organizations serving diverse communities.” Regarding the bonus allegations, Sidley will assess compensation annually for any disparities based on gender, race, or ethnicity. They’ll also file a a progress report at the end of 2021.

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headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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