A group of Democrats is urging that the Employment Opportunity Commission (EEOC) be turned over in relation to an alleged “fake investigation” into the hiring practices of prominent law firms. They claim the EEOC breached confidentiality rules while conducting an aggressive campaign.
Back in March, the EEOC reached out to 20 companies with inquiries about their diversity hiring practices, implying these initiatives might contravene employment laws.
“The public report hints that information obtained during an ongoing investigation will be used by the EEOC’s chair, Andre Arukas, to pressure individuals favored by the President or those he dislikes,” one of the coalition members noted.
“We are seeking your immediate input regarding your involvement in initiating the EEOC investigation, which the White House allegedly pressured law firms to offer free legal services to the President’s allies. If you believe these claims are inaccurate, we invite you to clarify directly with us.”
These letters led to an executive order from President Trump that stripped certain businesses of security clearance and restricted them from accessing federal buildings. Consequently, many law firms consented to take on various cases aligned with the administration’s interests.
Previously, Raskin and Blumenthal had inquired with law firms that held agreements with Trump about the details of their arrangements and contract specifications.
While each law firm asserted that there was no written agreement beyond Trump’s social media posts, several responses to the committee referenced the EEOC inquiries as justification for reaching a deal with the White House.
According to a letter from the law firm Allen Overy Shearman Sterling, the EEOC’s request involved sensitive information regarding both the firm’s employees and applicants for attorney positions, as well as extensive details about their clients.
Ultimately, the firm resolved that cooperating with the EEOC investigations, including settling contracts, was the most prudent path forward, as it served the interests of many employees and clients.
The letter additionally requests the EEOC to oversee all communications with the White House and manage all related meeting notes stemming from the committee’s March letter. It also calls for tracking communications between all committees and the targeted companies, as well as any signed settlement agreements.
Raskin and Blumenthal believe Lucas may be breaching the law by making public letters concerning the investigation, emphasizing that such investigations should only commence after a committee member presents a formal “claim” of employment discrimination.
“By sending these ‘letters of inquiry’ to the law firms and publicizing them, it seems you’ve violated EEOC guidelines and federal regulations. Title VII explicitly mandates confidentiality for claims, imposing criminal penalties for breaches,” they stated.
“Still, it appears you acted at the President’s behest.”
The EEOC has not officially responded to the letters but confirmed receipt of them.
An EEOC spokesperson, Victor Chen, stated in an email, “We have received the letters and remain committed to working with Congress to actively enforce federal laws that uphold equal employment opportunities in the American workplace.”
The law firm has exhibited mixed reactions toward pressure from Trump.
Nine law firms have entered contracts to collectively deliver about $1 billion worth of pro bono legal services. Conversely, others have taken legal action against the Trump administration, successfully obtaining an injunction to halt the executive order.
U.S. District Judge John Bates, a George W. Bush appointee, condemned Trump’s actions against Jenner & Bullock, labeling it an attempt to target legal representatives disliked by the administration. Meanwhile, U.S. District Judge Beryl Howell, appointed by former President Obama, remarked on the situation as being “as old as Shakespeare.”
