ABA Proposes New Changes to Diversity Rules for Law Schools

The American Bar Association is tinkering with more changes to diversity, equity and inclusion-specific language standards for law schools, according to a Friday ABA memo.

The ABA body that accredits law schools changed its course after public comments critiqued its previous revision proposal would “send a negative message about the importance of diversity,” the memo said.

“In light of the comments received, the Standards Committee recommends further revisions to Standard 206 to make it clear that the Council is not abandoning the value of diversity and inclusion,” the committee said in the memo.

The first revision proposed broader language for law schools’ mandated diversity rules that did not provide specificity for race or ethnicity. The new revision calls for schools to “demonstrate by concrete actions, a commitment to: (a) diversity, inclusion, and access to the study of law and entry into the legal profession for all persons including those with identities that historically have been disadvantaged or excluded from the legal profession due to race, color, ethnicity, religion, national origin, gender, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship, and/or socioeconomic background.”

DEI advocates are trying to maintain gains they made after the national outcry over the killing of George Floyd by Minneapolis police in May 2020 and not backtrack since the Supreme Court struck down race-based criteria in higher education. They are adjusting their criteria after the June 2023 high court decision opened the door to lawsuits, such as those conservative activist Edward Blum brought against law firms, prompting those operations to make changes in their diversity criteria. More than 20 Republican state attorneys general warned the ABA in a June letter of potential discrimination violations.

The ABA accrediting body voted Aug. 16 to gather public comments on the first-round of proposed new standards. The body functions as an independent arm of the association and requires law schools to have diverse faculty and students.

If the accrediting body approves this second version of new standards, it will gather another round of public comments.