The Federal Trade Commission has issued warning letters to 42 major U.S. law firms regarding concerns about potentially anticompetitive hiring practices connected to participation in the Mansfield Certification program. According to the FTC, the program, developed by Diversity Lab, requires participating firms to follow certain DEI‑related hiring and promotion criteria and to meet regularly with Diversity Lab and peer firms to discuss implementation. The agency noted that coordinated commitments around candidate demographics or hiring processes may raise antitrust risks when they involve agreements among competing employers.
In its announcement, the FTC emphasized that collusion in employment practices can violate federal antitrust laws, including when competitors coordinate on the demographic composition of candidate pools, use quotas tied to personal characteristics, or share sensitive information about pay, benefits, or promotion decisions. The Commission stated that such agreements may distort competition for legal talent and affect compensation, advancement, and hiring outcomes across the industry. The warning letters serve as a reminder that even well‑intentioned DEI initiatives must be structured to avoid coordination among competitors.
The letters were sent to some of the country’s largest law firms, collectively employing tens of thousands of attorneys. While the FTC did not announce any enforcement actions, the agency’s communication signals heightened scrutiny of employer collaboration on DEI‑related employment practices. Organizations participating in industry‑wide DEI programs or sharing hiring‑related information with competitors may wish to review their practices with counsel to ensure compliance with antitrust laws.