It is one month into 2024 and many of us are still (hopefully) maintaining that optimistic "new year, new me" outlook we set for ourselves at the end of 2023. However, with so many of us juggling multiple responsibilities, it's not unusual for those fresh goals to start tapering off quickly in the new year. While businesses do not necessarily tie their annual goals to the changing of the calendar year, the beginning of the year is always a good time for law firms and other employers alike to reassess existing policies and procedures to ensure they remain aligned with the culture and goals of the business. When there is a disconnect between what a policy or procedure says in your written documentation and how those same policies or procedures are enforced, problems can and almost surely will arise. In a law firm setting, issues often occur when policies are not enforced equally across the board or when there is no supporting documentation for performance complaints. These types of misalignment can lead to discrimination claims.

While there have been rising movements in many states recently (and also significant U.S. Supreme Court decisions) aiming at eliminating DEI initiatives, that does not mean we will see a drop in discrimination claims. Recent headlines popping up with discrimination claims made by attorneys at various Big Law firms, including most recently against Troutman Pepper Hamilton Sanders, mirror this trend. While it remains to be seen whether the jury got it right when it recently found that Davis Polk & Wardwell did not retaliate against its former Black associate, most firms should use these cases as opportunities to reassess their internal coaching, mentoring, and supervising policies for attorneys and staff.