State Bar of Wisconsin changing diversity definition to end discrimination suit

The State Bar of Wisconsin isn’t ending its diversity clerkship that faced a federal discrimination lawsuit, instead it is changing the definition of diversity.

The State Bar agreed to tweak the program and make it about the diversity of ideas and experiences, rather than base the clerkship on race and gender.

“The settlement clarifies the definition of ‘diversity’ but makes no changes to the program,” State Bar Executive Director Larry Martin said. “The Diversity Clerkship Program, which has been creating opportunities for Wisconsin-based law students for three decades, will continue to exist and to operate in its current form.”

The Wisconsin Institute for Law and Liberty sued, saying it’s against the law to hire anyone based on race or gender.

WILL Associate Counsel Skylar Croy said they have had to make it a habit to remind people of that fact.

“Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here,” Croy said in a statement. “While we are pleased with this victory, we know the fight is far from over. In fact, this is only the beginning of a movement, and our lawsuit will provide a roadmap for future victories in all 50 states.”

WILL has also sued over DEI programs at the University of Wisconsin that it says are race-based.

The bar said the only thing that is changing about the Diversity Clerkship is the focus on race in its definition of diversity.

“Under the settlement, the new definition states: Diversity means including people with differing characteristics, beliefs, experiences, interests, and viewpoints. Diversity promotes an environment in which all individuals are treated with dignity and respect, regardless of their differences and without regard to stereotypes, and helps to ensure a better understanding and consideration of the needs and viewpoints of others with whom we interact,” the bar added.

WILL sued on behalf of Daniel Suhr, who is a lawyer in the state and is required to be a member of the bar.

After the settlement, Suhr said the new definition is the first step toward restoring fairness to the Diversity Clerkship.

“Premier internship opportunities should be available to students based on merit – not race. I am proud to partner with WILL to set a strong precedent for the next generation of law students,” he said in a statement.

The Diversity Clerkship Program is a 10-week, paid summer job where first-year Marquette University Law School and University of Wisconsin Law School students are matched with law firms, corporate legal departments and government agencies.