ABA Suggests Broadening DEI Language Beyond Race, Ethnicity

The American Bar Association is proposing to change its diversity, equity and inclusion standards for law schools after the Supreme Court struck down race-based criteria.

The ABA body that accredits law schools suggests striking language that instructs schools to provide opportunities “for members of underrepresented groups, particularly racial and ethnic minorities.”

Instead, the body suggests broader language to encourage access for “all persons,” including those disadvantaged on the basis of race, color, ethnicity, religion, national origin, gender, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship and 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. They are making adjustments in 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 of potential discrimination violations.

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

The accrediting body in seeking comments also suggests another option for replacing the language that told law schools to provide opportunities “for members of underrepresented groups, particularly racial and ethnic minorities.” That second option states that schools should takes steps to provide access to “all persons, including those with identities that historically have been disadvantaged or excluded from the legal profession.”