Florida Attorney General James Uthmeier’s push to root out any state connection with diversity, equity and inclusion (DEI) and environmental, social and governance (ESG) policies now is hitting law firms.
Uthmeier sent a policy memo to some law firms throughout the state, alerting them he wouldn’t hire outside counsel that participate in DEI or ESG policies and programs.
“Beginning immediately, the Florida Attorney General’s Office will no longer engage or approve the engagement of private law firms who have or continue to engage in illegal and inappropriate discrimination and bias,” the memo says. “Racial discrimination, in any form, is wrong and illegal. Florida taxpayer resources should not redound to the benefit of law firms who pretend otherwise.”
It's not clear exactly what sparked the move. Uthmeier’s office did not respond to an email seeking comment sent July 29, but he and Gov. Ron DeSantis generally hire Republican-aligned law firms as outside counsel that already avoid or outright disavow DEI and ESG policies.
The four-page memo states Uthmeier’s office will review firms it currently contracts with for compliance with the policy.
It also lists specific items with which firms need to avoid or break off their connection:
DEI websites that offer job notices “indicating a preference for hiring individuals with certain racial, ethnic, or sexual orientation characteristics.”
Workplace DEI trainings “that are so egregious as to constitute a plausible basis for a hostile work environment claim or allegation.”
A diversity ranking system known as the Minority Corporate Counsel Association Scorecard which grades firms “on their ‘percentile ranking of the representation of underrepresented racial and ethnic groups, gender and LBGTQ+ per level and the overall disclosure of DEI data versus firms of a similar size,’” the memo says.
Any diversity targets in hiring, promoting or contracting.
Fellowship and mentorship programs restricted to specific races, ethnicities, genders, or sexual orientations.
Also, NetZero Lawyers Alliance, which commits to “support the goal of net zero” carbon dioxide emissions by 2050, “embodies the worst of the discriminatory ESG apparatus,” according to the memo. And NetZero Practice Groups, which the memo asserts push DEI and ESG policies onto corporate clients “making this promotion of discriminatory policies in a prime money-making operation while undermining the rule of law and other principles that Florida holds dear.”
Finally, he blackballed the Mansfield Certification program, designed to boost diversity of candidates for leadership and promotion at law firms. The “Mansfield rule” requires 30% of candidates for promotion and leadership roles be women, non-white or LGBTQ in sexual orientation.
A May decision by a federal court judge, however, found that the “Mansfield Rule expressly does not establish any hiring quotas or other illegally discriminatory practices, requiring only that participating law firms consider attorneys from diverse backgrounds for certain positions.”
The ruling stemmed from an executive order from President Donald Trump targeting the Perkins Coie law firm over several issues, including its adoption of the Mansfield rule.
For Rep. Anna Eskamani, D-Orlando, the memo is harassing and unnecessary, and likely to hurt small firms working on social welfare cases, such as those involving child support. It’s also a distraction, she adds, from consumer issues involving housing and insurance that the attorney general could pursue.
“If you go to other states across the country, attorneys general are fighting for consumer protection and consumer rights, not going after gay clubs and law firms who dare have a commitment to their diverse communities,” Eskamani said. “It’s so out of touch from what everyday people want. I mean, it’s so cartoonish.”
But Uthmeier believes firms involved in those programs or practicing DEI policies have “violated the public trust and the duties law firms owe to the state and its agencies as clients.”
Firms “that have demonstrated a history of racially discriminating against their own attorneys, staff, and job applicants will no longer be considered eligible for state work, absent a compelling demonstration of changed behavior and a rejection of discriminatory principles,” the memo says.
Gray Rohrer is a reporter with the USA TODAY Network-Florida Capital Bureau. He can be reached at [email protected]. Follow him on X: @GrayRohrer.
This article originally appeared on Palm Beach Post: Florida Attorney General warns law firms over DEI, ESG practices
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