ABA maintains commitment to bias elimination, diversity enhancement in justice system

April 27, 2026

ABA maintains commitment to bias elimination, diversity enhancement in justice system

CHICAGO, April 27, 2026 - The American Bar Association today reached a settlement agreement in a lawsuit filed against the association by the American Alliance for Equal Rights (AAER) in April 2025 over the ABA's Legal Opportunity Scholarship Fund (LOSF).

The ABA has outlined four fundamental organizational goals in its constitution and bylaws. ABA Goal III is to eliminate bias and enhance diversity. That goal ensures that all people and groups can fully and equally participate in the justice system, the association and the legal profession. LOSF is one of many ABA programs that advance ABA Goal III.

On April 3, 2025, the ABA Board of Governors adopted a resolution reaffirming its commitment to ABA Goal III and directing that "ABA opportunities and programming related to Goal III [be] open to . . . all persons who share the ABA's commitment to that Goal" and that "ABA policies or programs that seek to further Goal III shall base eligibility on a person's demonstrated commitment to Goal III," rather than particular group identities. The resolution's expansion of eligibility ensures that ABA Goal III programs are open to all participants who share the ABA's values, regardless of how participants identify themselves, and that the ABA will be able to preserve and defend its vital Goal III work.

AAER filed suit nine days later, alleging that LOSF violated 42 U.S.C. §1981 by discriminating based on race and ethnicity. In responding to the lawsuit, the ABA informed the court that the ABA was implementing the board's resolution, which would result in changes to LOSF before its next application cycle, rendering the lawsuit moot. In October 2025, the ABA announced new LOSF eligibility criteria, which comply with the board's resolution.

The ABA and AAER agreed to settle AAER's lawsuit through a joint stipulation of dismissal, which requires the ABA to operate its LOSF program in accordance with its board resolution. The settlement allows the ABA to maintain its unwavering commitment to fostering an inclusive and trusted justice system while avoiding the time, expense and inconvenience of litigation regarding a question already decided. It also allows the ABA to continue to focus on serving its members and the profession without the disruption of unnecessary litigation.

"Diversity and excellence are not mutually exclusive," ABA President Michelle A. Behnke said. "Indeed, diversity, equity and inclusion initiatives enhance merit within the legal profession. An open, inclusive and unbiased legal system and profession strengthen justice and representation for all. We are committed to creating opportunities where everyone can succeed based on abilities and contributions. This ensures fairness in the justice system."

The ABA's commitment to eliminating bias and enhancing diversity helps build better understanding within the profession and a more sustainable legal community.