The Far Right Game Plan: Intimidate the Legal Defenders of Diversity and Inclusion

Effenus Henderson
3 min readDec 10, 2023

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Photo by Giammarco Boscaro on Unsplash

In a world where diversity, equity, and inclusion (DEI) have become rallying cries for social progress, some conservative forces have devised a cunning strategy to undermine these crucial efforts. Their target? Law firms. But the real goal here isn’t just to intimidate the defenders of DEI; it’s to exert pressure in a double-edged maneuver, where the lawyers, in turn, may influence their corporate clients to be more conservative and risk-averse.

Since August, the conservative American Alliance for Equal Rights has launched a calculated assault on the legal profession. They’ve sued or sent threatening letters to at least seven law firms, demanding the closure of diversity fellowship programs, alleging that they discriminate against qualified White and Asian students based on race. This strategy, aimed at dismantling corporate diversity initiatives, is nothing short of intimidation.

But let’s delve deeper into the motive behind these attacks.

The conservatives are playing a high-stakes game of chess, employing a “double whammy” approach. By intimidating the lawyers defending DEI, they are not just aiming to disrupt these programs; they are betting that these very defenders will press their corporate clients to adopt more conservative and risk-averse stances.

Consider this: law firms, with their intricate web of connections, serve as influential advisers to Fortune 500 companies, government agencies, and nonprofits. When lawyers are pressured and cajoled into altering their approaches to diversity, there’s a ripple effect that can extend far beyond the legal sector.

The conservatives understand that by attacking the defenders, they are just as likely to have these defenders press their corporate clients to be more conservative and risk-averse in their corporate efforts. This, in turn, may stifle innovation, slow down progress, and discourage organizations from embracing the transformative change that DEI brings.

But here’s the crucial point: we can’t let this strategy succeed. DEI initiatives are not about pushing a particular ideology; they’re about recognizing that diverse perspectives lead to better decision-making, innovation, and a more inclusive society. The attacks on DEI programs are not just an assault on diversity; they’re an affront to progress itself.

In response to these attacks, some law firms have set up dedicated practices to protect their DEI programs from litigation and negative publicity. This is a sign that these initiatives are here to stay. DEI isn’t a passing trend; it’s a movement that is gaining momentum.

The attacks on DEI programs extend beyond the legal industry, but that shouldn’t deter us. The pushback is a sign that DEI is making waves, challenging the status quo, and threatening those who resist change. We must stay the course, continue to diversify our workforces, and strive for equitable representation at all levels.

The Double Whammy Effect

The game plan to intimidate the legal defenders of diversity and inclusion is a calculated attempt to create a “double whammy” effect. But we cannot let it succeed. It’s time to redouble our efforts, stand firm in our commitment to DEI, and make it clear that diversity is not a threat but an asset. In a world that is evolving,

DEI is the compass guiding us toward a brighter, more inclusive future. Stay the course, and let’s continue the journey toward true equality while resisting the pressure to regress into conservatism and risk-aversion.

Effenus Henderson

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Effenus Henderson
Effenus Henderson

Written by Effenus Henderson

President and CEO of HenderWorks Consulting and Co-Founder of the Institute for Sustainable Diversity and Inclusion. Convener, ISO Working Group, DEI

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