In August 2017, it made news that the U.S. Department of Justice, Civil Rights Division would investigate and bring cases over “intentional race based discrimination in college and university admissions.” Their hypothesis is that some admissions offices are discriminating against White students. Their allegation is that using race as a factor to admit students who have been historically under-represented on the campus is itself discriminatory. Perhaps this is a way for the Justice Department to try to eliminate affirmative action? This got me thinking about the nature, distinctions, and definitions of diversity in our country—especially in the legal market. What exactly is diversity, or is everyone a special snowflake?

In May 2015, the Washington Post reported that the legal profession was the least diverse profession based on information reported by the Bureau of Labor Statistics (BLS). According to the BLS, 88 percent of lawyers are White, surpassing all other professional fields including architects, which are 81 percent White, accountants 78 percent White and physicians at 72 percent White. When analyzing diversity, including Black, Latino, Asian and Native Americans, these groups comprise about 33 percent of the American population but only about 20 percent of all law school grads.