Bias, DEI, and CLE: Navigating the Constitutional Limits of Mandatory Training

About this episode

Jurisdictions increasingly require attorneys to complete CLE credits addressing bias, diversity, and inclusion in the legal profession. These requirements are often justified as tools to help lawyers reduce bias and ensure competent representation of clients from varied backgrounds. But these mandatory programs also raise significant and unsettled questions about how the profession may regulate bias in a manner consistent with federal law. When does a required course permissibly educate lawyers about bias, discriminatory conduct, barriers to access to justice, or cultural competency in legal practice? And when might mandatory training cross the line into compelled speech, viewpoint…