White Law Students Sue Firms Over DEI Programs That ‘Violate’ Their Civil Rights

Since the Supreme Court’s historic decision to overturn affirmative action, DEI programs have been under attack by those who felt marginalized by the very idea of inclusion.

The American Alliance for Equal Rights (AAER), a non-profit whose mission is to challenge race and ethnicity-based preferences, is taking things a step further by representing the interest of two white, male, non-disabled law students who feel that diversity fellowships at a pair of international law forms unjustly violate their civil rights. According to Forbes, the AAER claims that under the Civil Rights Act of 1866, their clients are being discriminated against on the basis of their race and are calling for all DEI fellowships and policies to be ceased to create a more equitable application process.

The law firms in question are Morrison and Foerster LLP in Miami, and Perkins Coie LLP in Dallas,. The former offers a Keith Wetmore 1L Fellowship for Excellence, Diversity and Inclusion Program for those law students from “underrepresented groups in the legal industry,” while the latter has both a 1L and 2L Diversity Fellowship that also focuses on those from diverse backgrounds.

The Civil Rights Act of 1866’s purpose was to “ protect all persons in the United States in their civil rights, and furnish the means of their vindication”; which the AAER feels is grounds for all current fellowships to be made race-neutral. The two unnamed law students are arguing based on one section of the 1886 act that prohibits “discrimination on the basis of race, color, and ethnicity when making and enforcing contracts.”

Both of the students expressed that the prestige of the law firms as well as the large monetary payments associated with the fellowships are key components in their fight for their civil rights. The Wetmore fellowship carries a $25,000 stipend for recipients; while fellows at Perkins Coie receive a $15,000 stipend each year, as well as a $10,000 bonus if they work for the firm upon graduation.