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Diversity, Equity, and Inclusion

Why It Matters and What We’re Doing to Support It

March 2026

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The Colorado Bar Association and the CBA Executive Council strongly support diversity, equity, and inclusion (DEI) in the practice of law and in Colorado’s court system. This support is grounded not in politics or trends, but in our professional obligations, our commitment to justice, and our responsibility to the communities we serve.

In recent years—and particularly over the past year—DEI has become the subject of heightened public debate and political scrutiny. Given that environment, it is important to clearly explain what DEI means, why it matters to the legal profession, and how the CBA continues to support these principles in a manner consistent with the rule of law and applicable constitutional protections.

What Is DEI?

The International Institute for Management Development (IMD), founded shortly after World War II with the understanding that strong leadership is essential to a prosperous and peaceful society, offers a useful definition:

Diversity, equity, and inclusion (DEI) are values that help create fairer, more accessible workplaces for all. By acting on DEI values, organizations can support individuals of different ethnicities, religions, abilities, races, sexual orientations, gender identities, political perspectives, and backgrounds. The result is a more inclusive workplace.1

IMD emphasizes that adopting DEI values requires more than statements of intent. Words must be supported by action.

IMD describes the three components of DEI as follows:

  • Diversity involves representing and valuing individuals of different backgrounds, identities, and experiences. It prioritizes inclusion of groups that have been systemically or historically underrepresented. In practice, diversity often begins with intentional outreach and inclusive hiring practices.
  • Equity recognizes that certain groups face disadvantages due to historical and systemic barriers. Equity focuses on creating a fair playing field, which may require redistributing resources or reexamining power structures to ensure meaningful opportunity.
  • Inclusion refers to creating an environment in which all individuals feel valued, welcomed, and able to thrive. Inclusion may include mentorship programs, leadership development, and other efforts that foster belonging and professional growth.2

These concepts are neither abstract nor theoretical for lawyers. They go directly to how we practice law, serve clients, and uphold public confidence in our legal system.

The CBA and the Colorado Courts

The CBA’s commitment to DEI is explicit. In 2016 and again in 2019, the CBA amended its Mission and Values Statements to reflect a renewed commitment to eradicating systemic racism, discrimination, and other forms of injustice against underrepresented groups, and to removing barriers to success within the profession and the broader Colorado community.3

The CBA’s Mission and Values state, in part:

The Colorado Bar Association values its diverse membership and our communities. We are committed to the eradication of racism, discrimination, and any other form of injustice against underrepresented groups. We promote diversity, equity, inclusion and the removal of barriers to success within the CBA and the communities we serve.4

The CBA defines diversity broadly, including—but not limited to—race, ethnicity, national origin, socioeconomic status, gender identity and expression, sexual orientation, disability, age, veteran status, geography, political beliefs and ideology, spiritual beliefs, years of practice, and practice settings. We prioritize equitable and inclusive participation in both membership and leadership, and we are dedicated to promoting attorneys of all backgrounds through the removal of barriers to engagement.

This commitment is shared by Colorado’s judiciary. On April 15, 2021, the Colorado Supreme Court adopted a rule change requiring attorneys to complete two CLE credits each compliance period in equity, diversity, and inclusivity (EDI).5 The court defined qualifying EDI programming as activities addressing equal access to the legal system; competent representation of diverse populations; and the recognition, mitigation, or elimination of bias in the legal profession or legal system.6

These standards reflect a clear understanding that fairness in the administration of justice depends on fairness within the profession itself.

DEI Under Attack

As many of you are aware, DEI initiatives have come under sustained attack nationwide. On January 20, 2025, shortly after the presidential inauguration, Executive Order 14151 directed federal agencies to terminate most DEI-related initiatives within the federal government.7 The following day, Executive Order 14173 instructed agencies to take action against what were characterized by the federal government as “illegal DEI discrimination and preferences” in the private sector and educational institutions.8

These actions have had far-reaching consequences. Universities, nonprofit organizations, and private entities across the country have eliminated or substantially altered DEI policies and programs—often preemptively. A December 17, 2025, ProPublica investigation reported that more than 1,000 nonprofits removed DEI language from the mission statements in their tax filings, even though many did not receive any government funding or face specific enforcement threats.9

While institutional commitments to DEI have fluctuated over time, the executive actions taken in early 2025 have raised serious concerns regarding freedom of association and free speech rights protected by both the US and Colorado Constitutions.

The CBA’s Continued Commitment

In early 2025, the CBA became aware that it, too, could be subject to challenges regarding its DEI initiatives. In response, the Executive Council reaffirmed the CBA’s commitment to its Mission and Values and its support for DEI as lawful expressions of the association’s core principles.

That commitment was demonstrated on September 25, 2025, when the CBA sent a letter to the University of Denver (DU) following the university’s August 19 decision to discontinue several DEI initiatives.10 In the letter, the CBA reaffirmed its dedication to advancing the legal profession, supporting the justice system, and enriching Colorado’s diverse communities.11

The letter expressed concern that Colorado’s legal profession does not reflect the racial and ethnic demographics of the state—a reality that undermines the profession’s ability to fully serve the judicial branch of our democracy. These concerns are particularly acute at the DU Sturm College of Law, where students of color represent less than 30% of the student body and annual tuition approaches $65,000. The elimination of DEI programs only further limits access to the profession for students from lower socioeconomic backgrounds.

The CBA urged the university to reconsider its decision and to reaffirm its stated commitments to inclusivity, freedom of expression, and equal access to education.

The CBA has also established a Rule of Law Task Force committed to upholding the rule of law, including monitoring and responding to actions affecting DEI initiatives to ensure they are consistent with due process and legal accountability.

In addition, the CBA has adopted the Equity, Diversity, and Inclusivity Toolkit for Section Leaders12 and the Inclusive Communities Toolkit,13 both designed to provide practical guidance on leadership development, accountability, and professional relationships. A five-week lunch-and-learn CLE series on the Inclusive Communities Toolkit began in late-February 2026 and will run through March 2026.

Why DEI Matters to the Practice of Law

In my January/February 2026 President’s Message, I discussed the importance of a racially and ethnically diverse bar in serving rural Colorado.14 That importance extends statewide. A legal profession that does not reflect the communities it serves cannot fully meet those communities’ needs.

Moreover, every attorney has an ethical duty—under our Rules of Professional Conduct and our Oath of Admission—to treat all people with fairness, courtesy, respect, and honesty. That duty applies to clients, colleagues, courts, and the public, regardless of background or identity.

I encourage every lawyer in Colorado to support diversity, equity, and inclusion in thoughtful, lawful, and professionally responsible ways that strengthen our profession. A failure to do so risks significant and lasting consequences for the administration of justice and for the communities we are sworn to serve.

For more information about the CBA’s DEI initiatives and positions, I encourage you to visit the “About the CBA” section of the CBA website.15


Notes

1. IMD, “What Is Diversity, Equity & Inclusion (DE&I) & Why Is It Important?,” https://www.imd.org/blog/management/what-is-dei.

2. Id.

3. CBA Statement on Racial Justice, https://www.cobar.org/About-the-CBA/Statement-on-Racial-Justice.

4. CBA Mission and Values Statements, https://www.cobar.org/About-the-CBA.

5. Regulations Governing Mandatory Continuing Legal and Judicial Education for the State of Colorado (Regulations), Standards for Accreditation of CLE Programs Regulation, Regulation 103.1(a)(iii)(3).

6. Id.

7. The White House, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-and-wasteful-government-dei-programs-and-preferencing.

8. The White House, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” (Jan. 21, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity.

9. Simani, “Deleting DEI,” ProPublica (Dec. 17, 2025), https://www.propublica.org/article/deleting-dei-language-nonprofits-irs-forms.

10. “Colorado Bar Association’s Call to Action: Reaffirming Our Commitment to Diversity, Equity, and Inclusion,” Letter to University of Denver Chancellor Haefner, Provost Loboa, and Vice Chancellor Whitt (Sept. 25, 2025), https://cobar.informz.net/cobar/data/images/CBA%20Letter%20to%20DU%20with%20CoSignees%202.pdf.

11. Id.

12. CBA, “Equity, Diversity, and Inclusivity Toolkit for Section Leaders,” https://www.cobar.org/For-Members/Committees/Section-Diversity-Inclusivity-Toolkit.

13. CBA, “Inclusive Communities Toolkit: Creating Sustainable, Rewarding Professional Relationships,” https://www.cobar.org/Portals/COBAR/Repository/Council%20for%20Equity%20and%20Inclusive%20Excellence/Inclusive%20Communities%20Toolkit.pdf?ver=8igBs-r82etw1MXCv4oGmA%3d%3d.

14. Willman, “Legal Deserts, Diversity, and Access to Justice,” 55 Colo. Law. 4 (Jan./Feb. 2026), https://cl.cobar.org/departments/legal-deserts-diversity-and-access-to-justice.

15. https://www.cobar.org/About-the-CBA.