When to Implement a Diversity Initiative
Knowing when to develop and implement a diversity initiative is important. To be successful, organizations must first lay the proper foundation. This foundation may consist of sensitivity training, management support and all the particulars outlined in detail in the "How to Implement a Diversity Plan" section of this Toolkit. To ensure greater success, take a proactive stance to develop this framework.
There are many factors that can influence a legal organization's decision to undertake a diversity initiative.
According to census statistics from the U.S. Census Bureau, America is increasing in its diversity. In some parts of the country, minorities will form the majority of the population. For example, the Census Bureau also projects that by 2025 there will be nearly 60 million Hispanics/Latinos (or 17 percent of the total population) compared to only 30 million (11 percent) in 1999. The bureau also projects that by 2050 Hispanics/Latinos will be the largest minority group in America. Proportional growth can be expected among the African-American and the Native-American populations as well.
Some segments of diverse audiences can also be defined by generation. Generation Y (those born 1977 - 1996) is making its presence felt in the marketplace. As the largest generation in American history, these 76 million new Gen Y workers will have grown up in a more diverse America, and more than 34 percent of them define themselves as racial or ethnic minorities. Baby Boomers will make up more than 40 percent of the American workforce by 2010. These Baby Boomers have embraced diversity issues and are pushing the diversity agenda. Older Americans in the workforce who, due to advances in healthcare, are reaching their 70s and beyond. Comprising this group are second-, third- and fourth-generation minorities that are changing America in profound ways.
The workforce will be increasingly composed of minority populations. A public policy think tank, The Hudson Institute's Workforce 2020 study, projects that by 2005, al minorities, including minority women, will make up 51 percent of new entrants to the workforce.
These demographic changes will significantly alter the composition of the population as a whole-not just the workforce. These changes will have a major impact on buying power and in defining the markets that will provide growing business opportunities. (Alpert, Richard T."Gaining Competitive Advantage: The Case For Diversity." Diversity and Work/Life Resource CenterTM Web site.)
As America becomes more diverse, marketing and services will become increasingly tailored to meet the needs of specific audiences. In response, legal organizations will begin to look to workers who understand these new target markets and can meet changing client needs.
Legal Administrators comment they are finding that employers who mirror the clients they serve-who can literally and figuratively speak their language - will ultimately benefit the employing organization's bottom line. Diverse employees likely will understand future clients, identify their needs and suggest potential new markets. Many individuals responsible for making choices in selecting law firms and legal organizations are becoming increasingly more diverse, and are more likely to consider varied legal teams rather than homogenous ones. Potential clients often ask about an organization's diversity record before making a commitment to do business. As markets continue to grow domestically and internationally, few legal organizations can expect to gain access to the kaleidoscope of clients without recruiting and retaining a staff that reflects the diversity of the marketplace.
Historically the legal profession has paid less attention to diversity issues than its business clients. Many corporations that purchase legal services have expressed a strong commitment to the goal of diversity in the workplace as evidenced on their Web sites and public statements. Examples are Sara Lee, Chevron, and Alliant Energy. They value the perspectives and varied experiences offered by a diverse workforce. They welcome the broader, richer environment and more creative thinking and solutions this diverse workplace provides. These corporations expect their legal partners to actively promote diversity within their firms. Further, in determining which organizations to select as outside counsel, these corporations give significant weight to a legal organization's commitment to and progress in diversity.
As the legal profession matures in its diversity initiatives it is anticipated that well-positioned legal organizations will capture the competitive advantage diversity offers. Legal organizations with diverse teams will be capable of responding without delay to client demands for diverse staffing.
When preparing to address client diversity issues, administrators should consider the following:
- What are the demographics of the client base (e.g. age, income, gender, education, ethnicity)?
- How many languages does the client speak?
- In how many countries does your organization operate so as to provide appropriate service to the client?
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Workplace conflicts often stem from a lack of understanding about the differences among us, such as age, gender, race and ethnic background. It is imperative to train staff to recognize and acknowledge these differences. At a minimum, legal organizations should conduct ongoing training to assure that staff members learn to appreciate these differences and avoid stereotypes.
Administrators can train employees in the following key areas:
- Self awareness;
- The Golden Rule- treat coworkers as you would have them treat you;
- Sensitivity;
- New ways to approach issues;
- Cultural awareness;
- Unexpected communalities;
- Conflict management;
- Behavioral issues;
- Prejudice in the office;
- Teamwork;
- Work concerns vs. personal issues;
- Active listening; and
- Asking questions to improve understanding.
Websites:
Better Law Practice through Better People Management
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Once committed, the senior leadership must be held accountable for the successes of the diversity initiative. Management must be given a level of authority and adequate resources to build and implement a firmwide diversity plan. The presence of senior leadership in the diversity initiative ensures an ongoing commitment and allocation of resources to the effort, as well as continuous monitoring of its implementation. Having commitment from the top sends a clear message to all in the organization -the legal organization is serious about the business relevance of the issue. Strong senior leadership also reinforces the desired outcomes and assists in conveying the expectation of cooperation and involvement. A change in leadership may trigger a change in the legal organization's commitment to diversity.
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Successful leadership in an organization requires many key elements, two of which are to be visionary and to be results-oriented. Any initiative involving organizational change must include leadership support. Achieving the goals of a diversity initiative is no different, and its success is contingent upon the leadership's commitment and support. As with almost any new effort, change can come swiftly or slowly. Quite often, changes that come about swiftly are a result of potential negative consequences to the organization. Changes that occur over a longer period of time have fewer, if any, immediate negative consequences, and typically are considered less critical.
The following Web sites address developing and recognizing leadership skills.
- American Institute for Managing Diversity- Diversity Leadership Academy: The American Institute for Managing Diversity founded the Diversity Leadership Academy (DLA) in early 2001. DLA's mission is to help bring state-of-the-art Leadership skills in the area of diversity management.
- Diversity and Leadership: The Big Dog Performance, Learning, Leadership, and Knowledge site provides specific information on diversity and the role of leaders. Also included are links to other resources.
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As a result of the marked increase in law firm mergers and acquisitions, different cultures are often thrust together and must learn to work effectively to be successful. It is wise for human resource managers and administrators to devote some time to the cultural aspect of the merger. They must devote a significant percentage of their time preparing employees on what to expect from the newly formed entity in terms of personalities, working conditions, benefits, diversity plans, harassment policies, conflict resolution, sensitivity training, minority recruitment and retention, and minority business relationships.
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In addition to domestic demographic changes, most legal organizations will experience some form of globalization. This means they will need to be effective in global competition to acquire the best workers and successfully capture significant shares of global markets.
Addressing diversity issues is an ongoing process that helps organizations adapt to and capitalize on today's increasingly complex world and global marketplace. A well-managed, educated, diverse workforce can provide the competitive edge a legal organization needs to remain competitive. This multicultural integration requires time and tenacity.
In targeting global markets, administrators must be diligently aware of international business customs. In many cases these customs require more stringent international human resource policies and procedures with respect to retirement benefits, pay practices and workforce reductions. Administrators must ensure their workers respect these customs when communicating and working in an international business climate.
Mitraa Toossi provides a detailed discussion of the future labor force in her Monthly Labor Report article, 'A New Look at Long-Term Labor Force Projections Through 2040'.Toossi argues that among the affecting the growth and composition of the labor force are the aging baby-boomer generation, the stabilization of women's participation rates in the workforce, and increasing racial and ethnic diversity in the overall workforce.
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Recruitment and retention are primary goals of any diversity effort. But when should this effort begin? Recruitment in law firms is a constant- whether it is recruiting new associates or lateral attorneys. Despite the small pool of diverse candidates in either group, when to begin recruitment is fairly obvious: now or ASAP. Organizations that simply stand still will find themselves falling behind those that remain active in diversity efforts.
While recruitment may be challenging, it pales in comparison to retention. Attracting diverse candidates to your legal organization is only half the challenge.
Retaining them is often a bigger battle. Retention hinges on whether or not the legal organization's culture visibly supports diversity. If the culture suggests a lack of understanding of diversity concerns, or a lack of commitment to diversity issues by the organization and its leaders, your "diverse" staff will leave in much less time than it took to recruit them.
Unless organizations begin to create a business climate that openly welcomes those who are in some way different from the existing group, they will continue to experience costly turnover as new talent leaves to find a more hospitable environment.
Helpful sites for legal recruitment and retention are the National Association of Law Placement and the Society for Human Resource Management.
Helpful sites for legal recruitment and retention are listed below.
DRI Law Firm Diversity Retention Manual
National Association of Law Placement
Society for Human Resource Management.
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The competitive nature of legal organizations is reflected in the increase of lateral hires in law firms small and large. Every legal organization markets itself based on the talent and expertise of its attorneys. The challenge for creating new business or expanding existing business will continue to increase as firms strive to enhance billable time and firm profits.
Recently the chief legal officers of many Fortune 500 companies drafted language strongly declaring their commitment to diversity by indicating their reluctance to do business with legal organizations that are not diverse or that are not working to become more diverse. Some local and national bar associations have become more involved in supporting firms actively engaged in minority recruitment by offering fellowship programs and other resources.
Forward-thinking companies that want to aggressively compete in the marketplace will take note of the nation's demographic future and strive to maximize the contribution of every employee. Attracting, recruiting, developing and retaining a qualified workforce from diverse populations will be critical for business survival.
Successful organizations will also recognize that their markets are becoming increasingly more diverse. African-Americans, Asian-Americans, Hispanic-Americans/Latinos, Pacific Islanders, Native-Americans, people with disabilities and women represent a growing percentage of the buying power in the United States. Competitive advantage will be impossible unless an organization truly understands its customers, clients, members and employees. Diversity has become a key business initiative. Any legal organization not enacting a diversity effort is likely to lose opportunities for business with new clients and may lose existing clients as well. When client demands create the urgency necessary to remain competitive - that is when diversity efforts will begin or increase.
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In the early days of affirmative action programs, many organizations paid financial penalties for failing to adhere to affirmative action guidelines. Yet, despite the enormous financial impact, the No. 1 concern conveyed by most businesses then and now is how their clients and competitors perceive them in the community.
The hidden cost today for failing to become more diverse is not always immediate- but companies may lose future revenues as a result.
Legal organizations pay a lot of attention to what their competitors are doing, whether it's compensation of associates, billable rates, new office building or annual holiday schedule. Maintaining the integrity of your legal organization within the community is critical to attracting and retaining the business of those within the community.
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This phase of the diversity initiative is critical. Planning establishes a blueprint reflective of the culture of your organization and outlines the actions necessary to achieve the diverse culture in the future.
Plan development and implementation is not intended to be a race with a finish line. It is better described as a work in progress that evolves slowly over time. It is never-ending. It reflects the diverse culture that allows for the legal organization's maximum performance and achievement. It is much like a business plan. For maximum effectiveness, make diversity a key element of your legal organization's existing business plan. After all, it is not just the right thing to do: It is part of doing good business.
Rather than separate diversity implementation from strategic business goals, it is more powerful, practical and productive to align the two and build greater understanding and support for change. (Loden, Marilyn. Implementing Diversity New York: McGraw-Hill Trade, 1991.)
Diversity efforts remain controversial despite the many years of their existence in organizations. So when you should institute a diversity initiative depends on variables specific to your organization.
Additional Resources:
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