Helpful Articles on Diversity and Inclusion
Pride and Prejudice: Agents of Change (The Economist Intelligence Unit Limited)
Now in its second year, our research examines those groups best poised to drive positive change for LGBT people in the workplace: company leaders, young people and women.
Journey to the Top (RHR International Research Study)
There is no doubt that there is still much to be done in regards to increasing diversity within the workplace in general and especially within senior executive ranks. The dearth of African Americans in the uppermost corporate leadership roles is especially stark.
Let’s Do Away with “Diversity and Inclusion” (Dr. Nika White)
When I see the eye-rolling that happens in a room full of professionals as soon as the words “diversity and inclusion” are uttered, it’s hard not to wonder if maybe it’s time to rebrand our work. Their response means just by using those words, I’ve made the work even harder; harder for them to accept it, and harder for them to engage in it.
Language Inclusivity in the Practice of Law (Monica B. Towle)
As legal professionals, we interact every day with people from different backgrounds with unique experiences and identities, including our clients, colleagues, judges, and juries. When communicating with each other in writing or speech, we must avoid language that inadvertently reflects implicit bias. By instead using inclusive language, we prevent offending and marginalizing the people we depend on for the enduring success of our legal practice.
Left Out and Left Behind - The Hurdles, Hassels and Heartaches of Achieving Long-Term Legal Careers for Women of Color. (Destiny Peery, Paulette Brown and Eileen Letts)
Frequently when women’s issues are discussed, researched, and/or analyzed, they do not always take into account additional and separate issues that may be faced by women of color. When it was learned that then-ABA president Hilarie Bass would have as one of her primary initiatives a study and research based on the long-term careers of women in law, it occurred to us that the experiences of women of color could be different. After all, we could within minutes identify approximately 90 percent of the women of color practicing in firms more than 30 years.
Unconscious Bias, Implicit Bias, and Microaggressions: What Can We Do about Them? (Artika R. Tyner)
Effective leaders build organizational cultures where employees can thrive, customers/clients experience excellence in service, and contributions can be made to the betterment of society. Because leadership is manifested through the active pursuit of learning, leaders typically pursue these goals by attending seminars, enlisting the support of a coach, and reading the latest books.
Female Lawyers Face Widespread Gender Bias, According To New Study (Kim Elsesser)
It's not just less pay and fewer promotions. According to a recent survey of 2,827 lawyers, female lawyers, and especially women of color, are more likely than their male counterparts to be interrupted, to be mistaken for non-lawyers, to do more office housework, and to have less access to prime job assignments.
What It Takes to Be a Trial Lawyer If You’re Not a Man (Lara Bazelon)
In more than a decade of arguing cases in court, I’ve witnessed the stubborn cultural biases female attorneys must navigate to simply do their jobs.
Letter to the Editor: Cris Arguedas on 'What It Takes to Be a Trial Lawyer if You're Not a Man'
Arguedas: "My career has demonstrated that you can be aggressive to the point of causing discomfort for a juror if you are also effective."
Law Firm Diversity: How Race, Gender, Age, Social and Economic Divisions Impact the Hiring, Retention and Advancement of Law Firm Attorneys (Harrison Barnes)
“I believe women, people of color, people of any gender and sexual identity, and all the other unique individuals out there no doubt deserve equal access to participating in the legal profession. Different people bring to bear different viewpoints and experiences that help firms better navigate in today’s global society.”
Competing Interests I: To Be, Or Not To Be, A Large Law Firm Partner (IILP)
This first part of the Institute for Inclusion in the Legal Profession’s (IILP’s) three-part “Competing Interests Series” analyzes why law firms and corporate clients should be concerned about the general downward trends regarding law partners of diversity. The report first lays the foundation of the current state of our nation’s diverse partners and notable trends leading to this point. The author notes a major problem with retaining diverse partners: business diverse partners generate cannot sustain a career at most large law firms. The report provides options to potentially solve this disparity, and argues why such a solution is ultimately in the best interest of law firms and corporate clients.
Competing Interests II: Balancing the Value Proposition for Diversity & Inclusion with Other Core Values (IILP)
Part two of the IILP’s three-part “Competing Interests Series” looks at how a law firm or client values diversity as it pertains to other competing business interests, namely the value of cost and efficiency. The report notes the recent trend of “convergence”—the process by which corporate clients limit the number of outside law firms retained—and how this trend regressively affects diverse attorneys. The essays ends with a solution: in many instances, corporate clients are already involved in how law firms supply legal services; now, they need to urge diversity as much as, or more, than other values required from law firms.
Competing Interests III: Taking Action to Make Diversity & Inclusion a Reality (IILP)
Part three of the IILP’s three-part “Competing Interests Series” provides a framework and recommendations for general counsel, law firm management and individual attorneys to increase diversity and inclusion in the legal profession.
Female Lawyers Can Talk, Too by Shira A. Scheindlin (The New York Times)
Former New York district court judge Shira Scheindlin analyzes a recent report conducted by a subgroup of the New York State Bar. The report was based on responses by judges, who noted the gender of the primary lawyer to argue in every case before them over the course of four months—in all, 2,800 responses were catalogued. The results showed a little more than 20% of private parties were represented primarily by female attorneys in New York State’s federal and state courts at trial and appellate levels. Women took the lead in cases about 40% for public sector clients. Scheindlin provides a solution that requires the combined efforts of judges, clients and law firms: judges could suggest the lawyer who writes a brief or prepares a witness be the one who presents in court; clients could demand legal teams be diverse; and law firms can ensure junior female associates participate in equal capacities, and are promoted similarly, to their male colleagues.
2016 Report on Diversity in U.S. Law Firms (NALP)
Using the NALP Directory of Legal Employers, the National Association for Law Placement studied demographic trends in the legal community on a national level. The study reports the representation of women and minorities, broken down into sub-groups of associates, partners, summer associates and women lawyers overall. The study moves on to the representation among disabled attorneys and openly LGBT attorneys in the legal field. In general, most groups showed incremental increases, despite fluctuations in recent years. Notably, current representation of female associates is lower than it was prior to the recession. And while representation of minority associates has increased since 2011, the upturn appears to be coming from Asian and Hispanic associates, while Black/African-American associates have diminished since 2009. Meanwhile, the most under-represented demographic for partners is minority women, making up only 2.76% of partners in 2016. Inclusion among openly LGBT attorneys increased among all lawyer types, continuing a trend that began as early as 2002.
Yes, Women’s Brains Are Different. And Google Needs More Of Them by Laura Bassett (Huffington Post)
Journey to the Top: Developing African American Executives by Lawrence James, Ph.D. (RHR International)
A recent study by RHR International provided a nuanced analysis on why African Americans are disproportionately represented at the highest rungs of the corporate ladder. The report discusses in detail a series of interviews with African American executives on how to succeed in the corporate sector. Part I takes a look at the tacit organizational modalities that stifle African American ascent in any given corporate structure. Part II begins with a description of a “traditional development model” for non-African American executives, then provides what a “culture-specific development model” might look like. Finally, Part III lends advice to those wishing to excel in a corporate atmosphere and aspire eventually to reach the “C-Suite.”
Pride and Prejudice: Attitudes and Opinions Toward LGBT Inclusion in the Workplace by the Economist Intelligence Unit (The Economist)
The Economist Intelligent Unit conducted the first-ever worldwide study assessing the attitudes toward LGBT inclusion in the workplace: the study surveyed 1,021 business leaders from 104 nations. The report discussed the issue of the LGBT “hidden minority”; compared LGBT trends in business geographically; discussed how LGBT visibility could be increased; and analyzed the cost and worth of promoting LGBT diversity. The study provided information pertaining to a business’s duty to progress LGBT inclusion as well as the interplay between businesses and anti-LGBT laws.
Why Diversity Programs Fail by Frank Dobbin and Alexandra Kalev (Harvard Business Review)
Dobbin and Kalev take an in-depth look at why some widespread business practices fail to promote diversity and inclusion in the workplace, premising their discussion on 30 years of data from over 800 U.S. firms and interviews with hundreds of managers and executives. Dobbin and Kalev then provide strategies that tend to show positive results in advancing diversity.
Racial Diversity: There’s More Work to be Done in the Workplace by Terri Williams (The Economist)
Williams reviews major factors that discourage diverse talent from applying to, staying with, or being promoted within a business. Williams mentions the role of organizational culture in recruiting, retaining and promoting diverse persons, and the direct benefits to a business of improving diversity and inclusion.
Discrimination in the Workplace: Talking About Racial Bias Is Hard But Must Be Done by Beth Robinson (Above the Law)
Robinson calls the legal profession to take action in inquiring about, assessing and solving problems related to diversity. Robinson provides her methodology on how this thorny issue should be addressed.
A Culture of Inclusion: Promoting Workplace Diversity and Belonging by Nicole Fallon (Business News Daily)
Fallon provides for the reader what an inclusive workplace atmosphere includes, its benefits and suggestions on how to go about creating it.