What is Diversity
One of ALA's organizational goals is to increase awareness of, and sensitivity to, diversity within the Association and in the legal management community.
ALA defines diversity as "the differences- in effect, the diversities- among us actually reflected in a number of ways: race, religion, gender, sexual orientation, disability and cultural behaviors."
Other organizations may use different words with varying levels of inclusiveness to define diversity. Take a look at some of the differing definitions.
Many companies post their policies regarding diversity on their Web sites. Before any law firm or other legal organization attempts to create a definition of diversity, it may be useful to conduct a review of the diversity policies of its largest clients. This review helps the organization gain a better understanding of clients' views before it begins to formulate its own diversity policy.
In Implementing Diversity McGraw-Hill Trade 1995, Marilyn Loden, founder of Loden Associates, which has specialized in diversity training since the 1970s, divides diversity into primary and secondary dimensions.
She defines the
core dimension as: |
Loden defines the
secondary dimensions as: |
- Age
- Ethnicity;
- Gender;
- Mental/Physical Abilities
and Characteristics;
- Race; and
- Sexual Orientation.
|
- Communication styles;
- Education
- Family status;
- Military experience;
- Organizational level;
- Religion;
- First language;
- Income;
- Work style; and
- Work experience.
|
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Why Do We Need Diversity?
Employees come to work everyday and they bring their stereotypes and/or preconceived notions about other people with them. Because the population is becoming more diverse, it is increasingly important to reflect that diversity in our workforce. To facilitate that trend, legal l organizations need to take immediate action and teach the value of diversity to everyone in the workplace.
According to the U.S. Census, the population is growing more diverse each year. Since 1950, the non-white U.S. population has grown from 10.2 percent of the total population to more than 26 percent in 2006. This change in the composition of the general population impacts companies and organizations in two ways. First, it changes the demographics of the workforce. Second, it changes the makeup of their client base.
Data from the U.S. Census Bureau illustrate future changes in the population. In Chart 1 we see the continuing increase in the non white population of the United States. By 2050, the white, non-Hispanic population of the United States will represent 50.5 percent of the total population.
The change in demographics is even more striking when you consider age. Minorities, while growing as a percentage of the total population, are much younger overall than the total population. As detailed in Chart 2, the percentage of the school-age population for non-Hispanic whites will decrease from 62% in 2000 to 46% in 2040.The white population is aging while the non-white population is growing younger. The intersection of these two demographic trends means legal organizations will face the convergence of young minority employees servicing older, white, non-Hispanic clients.
These younger non-white employees will be entering the workforce in large numbers during the next 20 years. Data suggests that as a percentage of total population, White non-Hispanic workers will account for an increasingly smaller share of the emerging workforce in the United States.
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As the population of the United States and its workforce become more diverse, the global marketplace is bringing companies into contact with customers and vendors from different countries and cultures. With the advent of the Internet, it is not uncommon now for traditional American companies to gain overseas customers. A Wall Street Journal article noted, "Small firms increasingly are receiving unintended international business through the Web..." (Loftus, 2003). Companies who can handle the needs of these new customers face challenges, but these companies will also reap benefits. One way companies can prepare to manage the diverse needs of their new clients is to address diversity within their own organizations. You can gauge a company's level of diversity management by reviewing its diversity policy. Any legal organization that is unsure whether a diversity initiative is necessary should review the policies of its major clients. Here the term "initiative" is used to mean the concept; the setting in motion of a new idea; taking the first step. Today, major corporations are, in fact, leading the way in diversity. Consider, for example, the following corporate diversity policies.
A second consideration is to review what peers and competitors are doing. Many legal organizations state their commitment to diversity prominently on their Websites. Clients are increasingly seeking these initiatives from their legal organizations. Take a look, for example, at a selection of current law firm diversity policies and goals.
The truth is that there are a myriad of approaches for valuing diversity and seeking inclusiveness within one's own firm and from one's legal partners. As a result, it may be beneficial to review a variety of approaches from a variety of industries. Consider the range of approaches documented within the following corporate websites:
- Raytheon:
Raytheon, a technology corporation, envisions building a culture that fully engages all employees and stakeholders and has received attention outside its own boundaries for its inclusive culture.
- Bank of America:
Bank of America created multiple organizations within its corporate structure to "make diversity work". They have, for example, a Global Diversity and Inclusion Council, Diversity Business Councils, Affinity Groups, and more.
- Aetna:
Aetna demands diversity within its own corporate walls and recognizes the importance of diversity in all aspects of its business-their workforce, customers, supplies, health care professionals, and in their products and services.
- Pitney Bowes:
Pitney Bowes has received multiple awards for their diversity efforts and wide ranging diversity policies.
- National Aeronautics and Space Administration:
NASA strives for "diversity maturity" a phrase coined by Dr. Roosevelt Thomas, Jr., a diversity management specialist. Diversity Maturity signifies, "a deep clarity about fundamental concepts of diversity and a certain sophistication in thinking and understanding."
- Sara Lee Corporation:
Sara Lee, a global industry, expects that their workforce reflect the multicultural makeup of its global market. They, like other industries, require a diverse supplier base and see minority and women-owned businesses are critical to the future of the markets they serve.
- Hewlett Packard
Hewlett Packard sees diversity and inclusiveness as key drivers of "creativity, innovation, and invention."
A final source of information for law firms is the The Minority Corporate Counsel Association (MCCA). The MCCA has detailed information on recommended practices for law firms including: (1) the business case for diversity, (2) barriers to success, (3) critical success factors, (4) where laws stand on diversity, (5) the retention challenge, and more.
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A March 2005 ABA Journal article by Molly McDonough entitled, "Corporate Pressure is Changing the Racial Mix at Some Law Firms" discusses how corporations are pressuring law firms to increase minority representation on their projects. The shifting of business preferences is in response to what the company's General Counsel and Senior Vice President Roderick Palmore of Sara Lee Corporation sees as lack of effort to increase diversity in the large firms: The numbers, in fact, represent slow movement. The ABA's Commission on Racial and Ethnic Diversity in the profession reported that, "since 1999, national minority representation in partnership increased by a mere 0.7 percent. The picture for minority women is even more bleak, with 75 percent of them leaving their law firms within the first fie years." (McDonough, 2005).
The pressure from corporations is not likely to let up as corporations continue to diversify their own workforces to represent the multiculturalism of their markets. Many corporations have appointed diversity officers or have created a separate, board-level position to develop and promote diversity within their organizations.
In response, some law firms have hired diversity experts to work with them to diversify their practices. Shearman & Sterling hired Anna Brown, a diversity management attorney to work closely with its Diversity Committee. K&L Gates hired Carl Cooper as Chief Diversity Officer. Larry D. Harris is co-chairman of Piper Rudnick's Diversity Committee and a partner in the firm's Washington office. Additional firms recruiting diversity experts include Skadden, Arps, Slate, Meagher & Flom; Weil, Gotshal & Manges; Denver's Holland & Hart; McKenna Long & Aldridge; and Bingham McCutchen.
The role of diversity management experts includes providing strategic and tactical leadership to diversity initiatives; maintaining and enhancing relationships with relevant community organizations and governmental agencies; applying corporate values of respect, honesty and fairness, and promoting awareness of the various cultural, ethnic and similar issues affecting the delivery and utilization of services; maintaining statistics and conducting periodic audits on employment practices and patterns, including hiring, transfers, promotions, demotions, reclassifications, job eliminations and terminations; supervising and directing the activities of department staff. Interviewing, selecting, assigning, evaluating, coaching, training and, if necessary, disciplining staff. Initiating salary and status changes as appropriate as well as responding to client demands and inquiries from corporate clients.
Law firms are also mirroring corporate action by appointing their own Diversity Managers and/or Directors.As of January 30, 2007, for example, 50% (n = 72) of firms participating in the Altman Weil Flash Survey reported having designated a Diversity Manager or Director, up 5.4% from 2006. In addition, the survey found that 96% of the respondents have a Diversity Committee within their firms representing a 3% increase from the previous year.
Despite effort, law firm diversity has been slow, and corporate clients are monitoring law firms closely to ensure they meet diversity demands. As stated by Stacy L. Hawkins of Ballard Spahr Andrews & Ingersoll, "the corporate call to action in 2004 and ...highly public cases of law firms losing business...over their failure to actively engage themselves [around] diversity is . . . converting those who would not be among the converted." As more businesses attempt to leverage all aspects of human potential within their organizations, they will expect the same from the organizations with which they conduct business and increase the pressure, including the pressure on their counsel.
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Since October 2004 nearly 100 corporate legal officers have signed "A Call to Action: Diversity in the Legal Profession." affirming their commitment to diversity in the legal profession and vowing to limit their relationships with law firms who demonstrate a continual lack of interest or effort in diversifying their workforce. In March, 2008 a Call to Action Summit was held for law firm managing partners and corporate general counsels to focus on taking action on diversity within the legal profession, a clear signal that the demands for diversity will continue to increase and corporate counsel organizations are pushing the legal industry to comply.
The Minority Corporate Counsel Association (MCCA), for example, is highly influential in the diversity arena. MCCA was founded in 1997 to advocate for the expanded hiring, retention and promotion of minority attorneys in legal organizations. MCCA accomplishes its mission through the collection and dissemination of information about diversity in the legal profession. The organization sponsors research into the best methods to implement diversity.
To encourage inclusiveness and diversity in the legal profession MCCA also sponsors awards to honor those employers who have made achievements in diversity:
- Employers of Choice Award:
The Employer of Choice Award is designed to spotlight industry leaders who have a commitment to and succeed at creating and maintaining an inclusive corporate legal department.
- Thomas L. Sager Award:
The Sager Award is given to law firms that have demonstrated sustained commitment to improve the hiring, retention and promotion of minority attorneys.
- Rainbowmaker Award:
The Rainbowmaker Award is presented to an exceptional leader whose advocacy in support of a more diverse legal profession has made him/her a very special "rainmaker"- one who has created "rainbows" of opportunity for future generations of diverse lawyers.
- Trailblazer Award:
Established in 1997, the Trailblazer Award recognizes outstanding individuals who have made extraordinary efforts to promote and maintain diversity in their corporate law department.
In addition to the MCCA, other corporate counsel organizations, like the Metropolitan Corporate Counsel, have been active in advocating for diversity within the legal industry.
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A Society of Human Resource Management (SHRM) publication regarding the business case for diversity, The Effects of Diversity on Business Performance: Report of the Diversity Research Network (Kochan, Thomas, et al. October 2002.) reported that, "Due in part to the difficulty in studying this issue, researchers were unable to confirm a direct link between diversity and a company's bottom line." Based on these findings, the author introduced a new perspective on diversity:
Diversity is a reality in labor markets and customer markets today. To be successful in working with and gaining value from this diversity requires a sustained, systemic approach and long-term commitment. Success is facilitated by a perspective that considers diversity to be an opportunity for everyone in an organization to learn from each other how better to accomplish their work and an occasion that requires a supportive and cooperative organizational culture as well as group leadership and process skills that can facilitate effective group functioning. Organizations that invest their resources in taking advantage of the opportunities that diversity offers should outperform those that fail to make such investments.
A diverse workforce and climate enable employers to tap into a diverse talent pool/knowledge base, and make full use of contributions from all employees. A successful organization leverages the differences in employees and allows employees to attain their full potential. In addition, it is essential to recruit and retain a workforce that closely mirrors a firm's client base. The result is a better fit between law firm and client.
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Additional Resources
Once a legal organization has made the decision to move forward with a diversity initiative there are numerous resources to assist in the implementation.
In addition to the sources of information already noted, the following is a listing of additional Web sites, speakers and groups that provide information or support:
American Program Bureau
Includes a large collection of speakers on diversity.
Visit the Web site.
Contact: Brenda Kane, Senior Agent
Toll Free: 800-225-4575 ext. 1607
Direct: (617) 614-1607
Fax: (617) 965-6610
E-mail: BKane@apbspeakers.com
Web site
Judith (Judy) A. Hissong, CLM
Principal, Nesso Strategies
314 25th Ave.
Seattle, WA 98122
Phone: 206.329.8039
judy@nessostrategies.com
Debra Hix-Sykes
HS Management Group, Inc.
Suite 201
7905 W. Appleton Ave.
Milwaukee, WI 53218-4580
Phone: 414.466.4688
dhs@hsmanagementgroup.com
Hannibal B. Johnson
Arlene Johnson & Associates, Public Relations
Suite 454
406 South Boulder Ave.
Tulsa, OK 74103
Phone: 918.493.1994
ajohnsonpr@cox.net
Sharon Jones
Jones Diversity Group
372 W. Ontario St.
Suite 501
Chicago, IL 60654
Phone: 312.498.6375
sharon@jonesdiversity.com
Marilyn Loden
Author, Educator & Consultant
Loden Associates, Inc.
649 Bridgeway Lane
Naples, Florida 34108
Email: mail@loden.com
Web Site: www.loden.com
Dr. Carolyn A. Martin
World-class educator, author, keynote speaker and master trainer for
RainmakerThinking Inc. Dr. Martin is an expert on generational differences
in the workplace and on leading management practices.
53 Lawrence Street
New Haven, CT 06511
Phone 203.772.2002
Email: Mail@rainmakerthinking.com
Web site: www.rainmakerthinking.com
Verna Meyers
Verna Meyers Consulting Group
73 Chestnut Street
Newton, MA 02465
Phone: 617.559.9800
info@vernamyersconsulting.com
National Campaign for Tolerance
A project of the Southern Poverty Law Center
400 Washington Avenue
Montgomery, AL 36104
Web site: http://www.tolerance.org/
Leah Smiley
Executive Director
Society for Diversity Executives & Professionals, Inc.
10962 Minuteman Court
Indianapolis, IN 46234
Phone: 317.435.2522
leahsmiley@societyfordiversity.org
Britta Stromeyer
Principal, The Stromeyer Group
425 1st Street, Ste. 1103
San Francisco, CA 94105
Phone: 415.690.0601
E-mail: info@stromeyergroup.com
Web site: http://www.stromeyergroup.com
R. Roosevelt Thomas
Roosevelt Thomas Consulting and Training
Suite 332
4153C Flat Shoals Pkwy
Decatur, GA 30034
Phone: 404.212.5015
info@rthomasconsulting.com
Joyce E. Tucker
VP Global Diversity
Boeing Worldwide Headquarters
100 N. Riverside Plaza
Chicago, IL 60606
Phone: 312.544.2000
Mauricio Velasquez
The Diversity Training Group
692 Pine Street
Herndon, VA 20170
Phone: 703.478.9191
mauriciov@diversitydtg.com
Connecting with peer administrators can be an invaluable part of crafting a diversity initiative. ALA members have access to an entire Peer Consulting Directory to connect with fellow administrators about issues related to diversity and multiculturalism. To access the Peer Consulting Directory, members will need to log in to the Legal Management Resource Center (LMRC) at http://thesource.alanet.org. If you are an ALA member, but have not yet registered for the Members Only section of www.alanet.org, you will need to register before proceeding.
Once logged into the LMRC, click on the Peer Consulting link near the top of the page, select Human Resource Management, and then Diversity/Multiculturalism.
You may also opt to network with the Committee on Diversity members. A list of the Committee members is available at http://www.alanet.org/about/diversityComm.aspx.
A number of high quality articles and web resources are available directly on ALA’s website.These resources can be found under the Diversity tab of our website at http://www.alanet.org/diversity/articles.aspx.
There are many consultants in the Diversity area. If your law firm or legal organization is considering retaining a consultant for its diversity initiative, you may want to issue formal Requests for Proposal to selected candidates.
Diversity Specific RFPs:
General RFPs for Selecting a Consultant
Other helpful resources for selecting a consultant
A
revised and edited excerpt from the American Planning Association’s
Selecting and Retaining a Planning Consultant: RFPs, RFQs, Contracts, and Project Management by Eric Damian Kelly, FAICP. It is Planning Advisory Service Report No. 443, published by the American Planning Association in February 1993.
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