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In January 2021, the general counsel of Coca Cola sent a letter to the law firms that represent it. The letter demanded, among other things, that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.â€To enforce this demand, Coke’s general counsel warned that failure to comply on a given new legal engagement over two quarterly reviews “will result in a non-refundable 30% reduction in the fees payable for such New Matter going forward until the commitment is met and, continued failure may result in your firm no longer being considered for. . .work.†Meeting Coke’s diversity requirements will also “be a significant factor in determining. . .inclusion and ongoing status on [Coke’s soon-to-be -released] panel†of “preferred firms.â€Except in very limited circumstances, it is illegal for an employer to make hiring, staffing, and assignment decisions based on race. It is also illegal for a company to require its contractors to do so. If a company demanded that law firms staff its matters with only White attorneys, no one would deny the illegality of the mandate.
Sooo........instead of demanding their law firm use the best lawyers they can to win the cases and write the contracts the best way...they want to employ lawyers based on their melanin content.This should work out well for the people suing Coca-Cola.
