What should 20 Law Firms who received letters from EEOC Chair about their DEI programs do?

On March 17th, EEOC Acting Chair Andrea Lucas sent letters to 20 Law Firms requesting information about their DEI-related employment practices. But there’s one problem– “she does not have the authority alone to act or speak on behalf of the EEOC. Official EEOC action requires a quorum of the five-member Commission, which currently does not exist after Trump fired Commissioner Charlotte Burrows and Jocelyn Samuels.

In addition, seven former EEOC chairs and commissioners “the Super Seven” EEOC commissioners responded with a letter demanding Chair Lucas withdraw her letters and schooling her on the legal authority and protocol the EEOC is allowed to engage in. “As you know, the EEOC has no authority to require information from employers under Title VII simply by the request of a Commissioner,” stated the letter of the Super Seven. In addition, Commissioner Lucas can only file a commissioner charge of discrimination, if she believed the 20 law firms were discriminating due to their DEI practices.

This is clearly another fear and confusion scare tactic to help the Trump administration dismantle DEI in name and practice.

The Law Firms don’t have to respond to her letter, they can throw her the deuces.

The EEOC actually encourages employers “to reduce the likelihood of Title VII violations and to address impediments to equal employment opportunity” through proactive measures such as conducting self-analyses and enhancing outreach.” In other words, review all of your DEI policies and practices to make sure you don’t have quotas or protected class preferences, and then carry-on DEI as usual.

You can read the full letter here.

If you don’t have data, all you have is an opinion.