Heller Ehrman has this interesting statement at the conclusion of its Equal Opportunity Employer Statement:

The firm seeks to hire, develop and advance, on the basis of professional ability, attorneys of varying backgrounds in sufficient numbers to ensure that the composition of the firm at all levels-shareholders and associates alike-reflects the diversity of the communities where the firm practices.

OK. The firm has eight offices in the U.S. To reach its goal, the firm has to ensure that (according to the U.S. Census Bureau’s figures) 75% of its attorneys are European, 12% are African, 4% are Asian, 14% are Hispanic or Latino, and that it has slightly more female attorneys than male attorneys. The Census Bureau is forbidden from asking anyone about their religious beliefs, but — according to reliable surveys — the firm will need to make sure that no more than 5% its attorneys are Jewish.

Let’s look at the firm’s San Francisco office, which employs 170 attorneys. Of those, 8 are Asian, 4 are Hispanic, 3 are Black, and the remainder are White.

155 White (91%)
4 Hispanic (2.5%)
8 Asian (4.7%)
3 Black (1.8%)
20 - 23 Jewish (12%)

Looking at this from a national level, the firm has too many White attorneys, the right number of Asian attorneys, and not enough Black or Hispanic attorneys. And it has far too many Jewish attorneys (which is true of most major law firms that want a staff that “reflects the diversity of the communities where the firm practices.”) In addition, the firm has far too many male attorneys and far too few female attorneys. (Currently, there are two male attorneys for each female attorney in the firm’s San Francisco office.)

But San Francisco isn’t typical. According to Census Bureau figures, if the firm wants 170 attorneys who mirror the makeup of San Francisco, then it needs to reduce the number of White attorneys from 155 to 87; it needs to increase the number of Asian attorneys from 8 to 56; it needs to triple the number of Black attorneys; it needs to increase the number of Hispanic attorneys fivefold. In addition, it needs to get rid of 60% of its Jewish attorneys and replace about 25% of its male attorneys with female attorneys, and it needs to ensure (as the firm puts it) that 15% to 20% of its attorneys are homosexual.

Can the firm achieve this sort of goal without breaching Title VII, neither spirit nor letter?

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