HP Mandates Quotas

Roger Clegg, National Review, February 15, 2017

Kim M. Rivera, who is chief legal officer and general counsel of HP Inc., is serious in her insistence that law firms doing work for her company meet the racial, ethnic, and gender quotas she has set for them (she calls it “achieving the metric”). She has sent this letter informing them that the company will withhold up to 10 percent of any amount invoiced by the law firms if they “do not meet or exceed our minimal diverse staffing requirements.”

She helpfully appends a description of the program. It spells out, for example, that the definition of “diverse” attorneys is limited to “race/ethnicity, gender, LGBT status, and disability status” — no use trying to sneak in someone because of his or her religion, impoverished background, or heterodox political views. But the good news is that the “twofer” is alive and well: “An attorney who is both a woman and racially/ethnically diverse” counts double.

In her letter, which bears the frank label “Diversity Mandate to Partner Law Firms,” Ms. Rivera says, “I believe we can all do better” and that she is “counting on your courage and vision” to support HP’s diktat.

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Courage would be telling Ms. Rivera to go to hell, and suing her to boot. But I’m not holding my breath.

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