The companies who hired him for ‘diversity audits’ could face legal jeopardy
President Donald Trump has taken significant action through executive orders to dismantle the diversity, equity, and inclusion complex that has taken hold in federal departments and in much of corporate America. For example, he instructed the federal government to investigate private sector DEI initiatives involving the potentially illegal use of race-conscious preferences.
Many of the companies now scrambling to avoid running afoul of anti-discrimination laws—and an administration willing to enforce them—hired prominent law firms to conduct race and diversity “audits,” a practice that ramped up in 2020 following the murder of George Floyd. One of the so-called diversity experts in high demand was corporate lawyer Eric Holder, the controversial former attorney general under Barack Obama.
Starbucks hired Holder, who charges as much as $2,300 an hour for his time, to conduct a “civil rights audit” in 2018. He recommended a series of policy changes to promote “equity” at the company, which implemented many of Holder’s suggestions only to be slapped with a shareholder lawsuit alleging the new policies violated non-discrimination laws. So it comes as no surprise that Trump’s executive orders have caused “fear and confusion” among corporate leaders, according to the New York Times.
Holder, who is also rumored to be panicking as a result of Trump’s action, recently circulated a memo to his corporate clients attempting to assuage their concerns. The memo, which was exclusively and semi-legally obtained by the Washington Free Beacon, is reprinted below for your immediate enjoyment:
- Senior counsel, Covington & Burling LLP
- Chairman, National Democratic Redistricting Committee
- Board member, NAACP Legal Defense and Education Fund
- Winner, Liberty Award, Lambda Legal, 2024
- Winner, Distinguished Achievement Award, Center for Evidence-Based Crime Policy, 2022
- Winner, Upton Sinclair Award, Liberty Hill Foundation, 2020
- Winner, Rabbi John L. Rosove Justice Award, Temple Israel of Hollywood, 2019
- Winner, Thurgood Marshall Award, American Bar Association, 2018
- Winner, Spirit of Justice Award, GLBTQ Legal Advocates & Defenders, 2017
- Winner, Wiley A. Branton Award, Washington Lawyers’ Committee for Commitment to Civil Rights, 2017
- Winner, Justice John Paul Stevens Lifetime Achievement Award, National Legal Aid & Defense Association, 2016
- Winner, Leadership in Law Enforcement Award, National Organization of Black Law Enforcement Executives, 2016
- Winner, Justice in Action Award, Asian American Legal Defense and Education Fund, 2016
- Winner, Lifetime Achievement Award, Minority Corporate Counsel Association, 2016
- Winner, Public Service Award, BET Honors, 2016
- Winner, Thurgood Marshall Lifetime Achievement Award, NAACP Legal Defender and Education Fund, 2015
- Winner, Liberty & Justice for All Award, LBJ Foundation, 2015
- Winner, Chairman’s Award, NAACP, 2015
- Winner, Paving the Way Award, Capital Pride Alliance, 2015
- Winner, Fordham-Stein Prize, Fordham Law School, 2015
- Winner, Golden Plate Award, American Academy of Achievement, 2012
- Winner, Living Legend Award, National Urban League, 2012
- Winner, Presidential Award of Merit for Equal Justice, American Bar Association, 2009
- Winner, Justice Legacy Award, Brennan Center for Justice, 2009
- 82nd attorney general of the United States, 2009-2015
- First African American attorney general of the United States
- Senior legal adviser, Obama for America, 2008
- Named one of “the 50 Most Influential Minority Lawyers in America” by the National Law Journal, 2008
- Columbia Law School, J.D., 1976
- Columbia College, B.A., 1973
DATE: January 24, 2025
TO: Valued corporate clients
SUBJECT: White supremacy strikes back / recommended course of action
Many of you have contacted me with questions regarding President Trump’s recent executive orders and the legal implications for the DEI policies I allegedly advised your companies to implement. While stipulating that these policies were enacted solely at the discretion of a corporate executive who may or may not have been acting on the advice of outside legal counsel, I strongly urge you consider taking the following steps to reduce your risk of federal prosecution:
- Shred and burn all documents bearing the name of “Eric H. Holder Jr.” and the “Covington & Burling” law firm.
- Eliminate race-based personal leave policies that permit unlimited time off for “trauma,” “self care,” and “cat maternity.”
- Cease race-based hiring practices that classify Asians, non-Latinx identifying Hispanics, and Native Americans who voted for Donald Trump as “privileged whites.”
- Cease bulk purchases of the bestselling memoir, Our Unfinished March: The Violent Past and Imperiled Future of the Vote: A History, a Crisis, a Plan, by Eric H. Holder Jr.
- Cease all payments to Alfred C. Sharpton Jr. and the National Action Network for “strategic diversity consulting.”
- Cease all contact with Hamas freedom fighters and their affiliated “Islamophobia consultants.”
- Destroy any and all shrines or monuments to Ta-Nehisi Coates and Ibram X. Kendi.
- Cease all DEI-related incentive programs, such as awarding gift cards and extra vacation days to white employees who attend WNBA games or leave five-star Amazon reviews of the bestselling memoir, Our Unfinished March: The Violent Past and Imperiled Future of the Vote: A History, a Crisis, a Plan, by Eric H. Holder Jr.
- Cease all DEI-related employee monitoring regimes including but not limited to “gayness” rankings, financial audits (to assess support for Black-owned businesses), and “Hardship Olympics.”
- Deep clean, remove all signage, and conceal all self-flagellation devices from designated “Privilege Atonement” rooms.
- Cease all DEI-related team-building exercises including but not limited to “Evade Inequity” dodgeball tournaments, “Race War” cosplay fight clubs, and “White Slave Fridays.”
- Hire a Jewish attorney.
- Flee the country.
Note: By reading this memo you have authorized Eric H. Holder Jr. and Covington & Burling LLP to charge your company for legal services rendered. Please wire the full amount ($21,595) to account GB54CITI18500808924309, Cayman National Bank.
