ABA May Revise Diversity Accreditation Standard To Increase 'Identity Characteristics' From Three (Gender, Race & Ethnicity) To 14

Law.com, ABA Weighing Diversity Standard Revisions in Light of SCOTUS Ruling:

Under a current proposal, the focus of Standard 206 would shift away from "diversity and inclusion" and toward access for "all persons," expanding number of "identity characteristics" from three—gender, race and ethnicity—to 14.

The American Bar Association has decided to continue mulling over potential revisions to Standard 206, which governs diversity and inclusion within law schools, in response to the U.S. Supreme Court’s ruling on affirmative action.

Under the proposal recommended by the Standards 205/206 Working Group, amendments to Standard 206 from the ABA Standards Committee on Wednesday, the Council of the ABA’s Section of Legal Education and Admissions to the Bar voted during its Thursday meeting in Louisiana to further consider the revisions at this time.

Under the proposal recommended by the Standards 205/206 Working Group, amendments to Standard 206 would include changing the standard title from “Diversity and Inclusion” to “Access to Legal Education and the Profession,” and shifting the overall focus of the verbiage away from underrepresented groups and more toward providing access to “all persons.”

Proposed “identity characteristics” would include—replacing “gender, race, and ethnicity”—“race, color, ethnicity, religion, national origin, gender, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship, or socioeconomic background.”

“The revisions make clear that a law school must demonstrate by concrete actions a commitment to access to all persons, including those with identity characteristics that have led to disadvantages in or exclusion from the legal profession,” according to a Wednesday memo to the council from the Standards Committee.