A lawyer alleged that the program discriminated against her because she is white and heterosexual
International law firm King & Spalding has filed a motion to dismiss a lawsuit in a Maryland federal court, calling claims of bias over a diversity-focused job program "misguided.”
The lawsuit, brought by lawyer Sarah Spitalnick, alleged that the firm’s diversity initiative unlawfully discriminated against her because she is white and heterosexual. The firm, however, argued that Spitalnick never applied for the program and thus cannot claim she was unlawfully excluded.
According to Reuters, Spitalnick, who runs a solo law practice near Baltimore, filed the lawsuit after viewing an advertisement for King & Spalding’s diversity mentorship program in 2021, which was aimed at first-year law students interested in joining the firm’s summer associate ranks. The program was sponsored by the Leadership Council on Legal Diversity, and its advertisement encouraged applications from candidates with "ethnically or culturally diverse backgrounds" or those who identify as members of the LGBTQ+ community.
In the filing, King & Spalding stated that Spitalnick’s decision not to apply was the sole reason she was not considered for the program. "Plaintiff’s failure to be selected is a self-inflicted wound," the firm told US district judge James Bredar in Baltimore. The firm emphasized that the program’s criteria were broader than Spitalnick’s interpretation and did not bar her from applying based on her race or sexual orientation.
Spitalnick is seeking damages, as well as a public apology from the law firm. King & Spalding has rejected the request for an apology, calling it “unwarranted.”
The case comes amid increased scrutiny of diversity initiatives in the US, following the Supreme Court’s 2023 ruling that ended affirmative action in college admissions. Several major law firms, including King & Spalding, have since adjusted the criteria for their diversity programs.
King & Spalding, headquartered in Atlanta, employs more than 1,300 attorneys across its US and international offices. Prominent figures in the firm include former deputy attorney general Rod Rosenstein and Sally Yates, who served in that same role under the Obama administration.
The court has yet to rule on King & Spalding’s motion to dismiss.
