Kaufman Dolowich LLP’s Post

Since the Supreme Court's "Students for Fair Admissions" affirmative action decision last year, we at the Meltzer Center for Diversity, Inclusion, and Belonging at NYU School of Law have spoken and written extensively about the new legal landscape for workplace DEI efforts. Most of our writing has been in short-form op-eds and Q&As to make our ideas digestible. But for those who would like to do a deeper dive, the American Journal of Law and Equality has just published an article by Kenji Yoshino and me analyzing the legal environment and exploring what organizations can do to advance DEI in the face of legal headwinds. You can read the article at the link below; I hope you find it helpful. https://lnkd.in/gVAiBwRY

A blockbuster job market for new law grads in 2023 did not alleviate racial and ethnicity disparities in employment rates, data released by the National Association for Law Placement shows. Even as the gaps narrowed for most minority groups, the employment disparity between white and Latino law grads increased from the previous year. The disparities are widest when looking at legal jobs that require bar admission, which are considered by many as the gold standard for J.D. employment. Among white law grads, 84% had secured those positions within 10 months of graduation. But of Black law grads and Native American or Alaska Natives, 73% were in those jobs. Just 80% of Latino law grads secured those jobs, four percentage points lower than their white classmates. Asian law grads had 81% bar passage-required employment rate, while Native Hawaiian or other Pacific Islanders posted the lowest such employment rate at 67%. Karen Sloan has more: https://reut.rs/3U7TOrJ

Across the country, Title IX Coordinators have resigned in record numbers. As an employment attorney, I saw my fair share of lawsuits from disgruntled former employees - like this recent case filed against San Francisco State. A court will eventually determine whether the allegations by SFSU's former Title IX coordinator are true or not. But that fact is cold comfort when the reputational damage is already done AND increased scrutiny is drawn from the Department of Education. No employer ever "wins" in these cases. To avoid claims like those leveled against SFSU, check in with your Title IX staff, make sure they're doing okay, make sure they feel supported, and make sure they have the resources they need to do their jobs effectively. In very un-lawyerlike fashion, I give you that piece of advice, free of charge. 🎁 #liability #titleix #employmentlaw #litigation #highereducation #highereducationleadership #metoo #studentally

Last year's Supreme Court decision on affirmative action created obstacles for law firm DEI practices and diversity hiring goals. But rather than shying away from recruiting diverse candidates, firms simply need to adjust their recruitment and retention strategies. VOY Director Darla Woodring and Reed Smith LLP Global Head of Diversity Recruiting, Reggie McGahee, teamed up to share some best practices on how law firms can continue to build and maintain talented, diverse workforces. Click the link to read the full article and learn how to embrace diversity in the face of challenges. [Link] #DEI #LegalRecruitment #Diversity https://lnkd.in/gV5fRTVW

Every year, employers across the state and nation are impressed with our graduating class, and the past few years have been especially inspiring. Most recently, the class of 2023’s employment stats are just one testament to Colorado Law’s dedication to ensuring our students' success long after they walk out the doors of Wolf Law. Read about these stats and more in our latest article ➡ https://lnkd.in/duU2qWGH

Employers' DEI initiatives may have a boomerang impact resulting in increased discrimination claims. DEI initiatives--which were ostensibly created to open more opportunities for historically disadvantaged groups of people-- are coming under legal scrutiny after the Supreme Court's ruling last summer in Students for Fair Admissions v. Harvard College. In SFFA, the Court ruled that race-conscious admissions policies in higher education are unconstitutional. This decision is creating waves in the employment law arena. In February 2024, America First Legal requested that the EEOC investigate NFL teams' adherence to the "Rooney Rule," which was adopted in 2003 to require teams to interview at least one or more diverse candidates for head coaching positions. America First Legal asserts that the Rooney Rule violates Title VII of the Civil Rights Act, particularly the provision which prohibits an employer from limiting, segregating, or classifying applicants for employment. 42 U.S.C. Section 2000(e)(2)(a)(2). When employers have numbers-oriented initiatives (i.e., there must be at least one interviewee who is a person of color, over the age of 40, etc.), those practices, by their very nature, limit, segregate, and/or classify applicants for employment. The better, legal, practice is to have a diverse interview and selection panel which applies selection criteria that are based on the requirements of the position, and which applies those selection criteria uniformly across the applicant pool. Having a diverse interview and selection panel decreases the chances for unconscious bias to creep into the panels' decision-making process.

This year, employment gaps between white law graduates and minoritized individuals worsened, and hard work remains for law schools and legal employers to close these gaps. Read James Leipold’s blog post for an analysis of recent employment data from @NALPorg. https://lnkd.in/eYGxCjNC #legaleducation #law #legalemployment #lawjobs

***NEWSFLASH*** I FAILED the 2014 Rhode Island Bar Examination 🚨🗞️‼️🫨😱 —At that time, the passing score was a 276… I got a 272. I was SO close. I performed very poorly on some essays. —This was some of the most difficult news I had received in my life to that date. After I passed, I remember still being embarrassed that I was not a “first time passer.” Why? I still don’t know LOL. It doesn’t matter. —What matters is how you respond to adversity. Having a very similar letter side-by-side, one being fail and one being pass, was actually a powerful and inspiring moment in my career. I’m grateful for it, and I don’t know where I would be without it. —Since then, I have grown and scaled one of the fastest growing law firms in our state. We consistently achieve justice for the underprivileged and underserved. It is likely that Rhode Islanders need our firm to exist more than I ever needed to pass that test. I hope everyone taking their bar examinations next week pass but that will not happen. Congratulations to those who do! Congratulations to those who respond appropriately! Please share with someone who needs to see this. As always, do good things and never sell yourself short! Attorney Odu P.S. Apparently, David likes writing me letters 😉 ⚖️ Employment Law & Workers Rights 🚘 Personal Injury 📍 Rhode Island & Massachusetts ☎️ (401) 209-2029 📲 Call or DM for FREE consultation‼️ #odulawfirm #attorneyodu #employmentrights #employmentlawyer #rhodeislandlawyer #massachusettslawyer #blacklawyers #FMLA #PFML #EEOC #FLSA #workersrights #wagetheft #unpaidwages #pregnancydiscrimination #racediscrimination #hostileworkenvironment #sexualharassment #sexdiscrimination #equalpay #equalrights #lawyer #lawyerdad #lawschool #lawstudent #barexamination

Truly DISTURBING data about disparities in our profession, but again- not surprising! Connecticut lawyers, especially our Bar Associations, partners in law firms and Affinity Bars should read this post and pause and think about this disparity. Here is the hard evidence to review. Through more than 10,000 survey responses and 200+ in-depth interviews, American Bar Foundation project identified patterns in how race, class, gender, and law school status conditioned the trajectories of lawyers’ careers, uncovering inequality deeply ingrained within the structures of the profession. Despite the rhetoric of diversity espoused by many firms, research revealed significant disparities in opportunity:  While firms attribute disproportionate exodus of women prior to partnership consideration to family commitments, After the JD revealed that all women—even those without children—experience a gendered wage gap at all stages of their careers and leave when they feel they have maxed out their potential.   People of color, particularly African Americans and Native Americans, face discrimination, alienation, and a lack of effective mentorship, leading to their exclusion from the field.