"The Mansfield Certification program was first launched in 2018. Modeled on the NFL's Rooney Rule, the program asks firms to affirmatively consider diverse slates of candidates for leadership, governance, equity partner promotions, and lateral hiring. Then track and publish how they are stacking up. The impact has been tremendous. Eighty-five percent of participating large law firms increased discussions around lateral partner hiring inclusivity; 91% track internal talent pools for discretionary high-visibility opportunities; 75% track internal talent pools for promotions."
"Earlier today the Federal Trade Commission announced they issued "warning letters" to 42 Biglaw firms noting "potential for liability under laws that the FTC directly enforces." That's because the Trump administration has decided to target firms that participate in the Diversity Lab's Mansfield Certification process under antitrust laws. "Potentially anticompetitive collusion between law firms on DEI metrics can include quotas by which they agree to compose panels of job candidates based on race, sex, or other personal characteristics other than the candidate's merit,""
The Federal Trade Commission issued warning letters to 42 large law firms, citing potential antitrust liability for participation in the Mansfield Certification program. The FTC Chair warned that agreements around DEI metrics could amount to anticompetitive collusion, including quotas that affect hiring, pay, and promotions. The Mansfield Certification, modeled on the NFL's Rooney Rule and launched in 2018, asks firms to consider diverse slates for leadership, governance, equity partner promotions, and lateral hiring and to track and publish progress. Participating firms report substantial increases in inclusivity discussions and talent-tracking metrics. Critics characterize the FTC action as using the Sherman Act to threaten DEI efforts.
Read at Above the Law
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