Human Resources Management
 

Navigating DEIA Pushback

With progress comes blowback — but learn how firms can maintain and continue to push forward their diversity initiatives. 
By Paula Tsurutani
January 2025
 

Although the pace of diversity in law firms has been slow, it has been steady yet not overwhelming. The 2024 American Lawyer’s Diversity Scorecard, which surveyed 208 law firms, reveals that minority attorneys comprised 22.4% in 2023, a modest increase from 21.6% in 2022, and a noticeable increase from 9.7% in 2021.

But amid pushback and recent events — including the U.S. Supreme Court’s affirmative action decision and a new president taking office — have some wondering about the future of diversity, equity, inclusion and accessibility (DEIA) and how firms can maintain and continue to make progress.  

The SCOTUS decision limited higher education institutions from using race or ethnicity as part of their admissions process, restricting the use of affirmative action principles. While the decision generated concern among educational and professional organizations, it did not impact private employers.

“The Supreme Court’s affirmative action decision did not really change anything for private employers,” says Yusuf Zakir, Chief Diversity Equity & Inclusion Officer at Davis Wright Tremaine, LLC (DWT). “It was illegal to make any decisions on the basis of protected characteristics before, and it remains so after the decision.” 

The SCOTUS decision, however, emboldened many anti-DEIA supporters to broaden their opposition and threaten to undo DEIA programs. “These efforts are based on misunderstanding and mischaracterizations that are meant to create outrage and fear,” says Zakir. “But fear can be fought with sunlight.”

It’s essential that the DEIA commitment remains vital to attract talent. Keep in mind that prospective associates and laterals still consider DEIA an important value when evaluating and comparing firms. “On a daily basis, I receive messages from candidates who want to know about our DEI commitment,” says Zakir. “Don’t let the anti-DEI noise fool you. This is something that most people want to see at the companies they work for.”

MAKING A COMMITMENT

There are ways that legal administrators — at firms of all sizes — can continue to build a culture and environment of equity and inclusion.

“As legal administrators, we must see ourselves as the gateway, the starting point to a more diverse and inclusive legal profession. … Take this task seriously and know that your voice matters,” says JaNae Martin, Legal Administrator at Helmers & Associates and Chair of ALA’s DEIA Committee. “Once we truly understand the critical role we play, we can change not only the legal profession, but also the judicial system, our local communities and firms across the country.”

Martin says legal administrators can continue to take key actions, including:  

  • Maintaining DEIA as a critical element when establishing firm policies and procedures.
  • Advocating for DEIA issues when building candidate pipelines, recruiting, establishing events and programming
  • Communicate — internally and externally — the benefits of successful diversity efforts and how they deepen the firm’s talent, experience and capabilities.
  • Recognize the importance of active civic engagement and the DEIA connections it builds between your organization, employer and the community.  

Fellowships also continue to be a way to demonstrate DEIA commitment. “Our Diversity Summer Fellowship provides an opportunity to involve members of communities historically underrepresented,” says Monique Grant, Office Administrator of the Raleigh and Wilmington offices of Brooks Pierce.

As legal administrators, we must see ourselves as the gateway, the starting point to a more diverse and inclusive legal profession. … Take this task seriously and know that your voice matters.

Having a formal position is also another way to demonstrate and communicate a firm’s values and commitment to DEIA. However, this includes DEI professionals having access to the management committee and firmwide managing partners, says Kate Reder Sheikh, a Partner in the Associate Practice Group of Major, Lindsey & Africa. “They need budget. Having a hamstrung DEI leadership may be almost as bad as having none at all.”

At DWT, it also means the firm continues to “move our DEI strategy forward, elevating the conversation along the way,” says Zakir. The strategy, based on four distinct pillars — Community, Growth, Education and Engagement — “gives us our North Star on DEI and makes it very clear where we are driving towards.”

THE IMPORTANCE OF TRAINING

Backing the position with stature and visibility counts. Long before the SCOTUS decision, Duane Morris was one of the first large firms to have a Chief Diversity Equity and Inclusion position. This officer also is an equity partner and member of the firm’s management committee. Additionally, Duane Morris has made ongoing and inclusive training an embedded component in onboarding and continuing professional development. 

These efforts are based on misunderstanding and mischaracterizations that are meant to create outrage and fear. But fear can be fought with sunlight.

“Firmwide implicit bias training is mandatory for all employees, including attorneys and staff,” says Joseph K. West, Partner and Chief Diversity, Equity and Inclusion Officer at Duane Morris. “We include a DEI segment on the agenda at both our annual meeting and our partners retreat, and all of our employee resource groups have been open to all attorneys and staff since their inception.”

Training also takes centerstage at Brooks Pierce, where DEIA programs for mentorship initiatives, bias training for everyone at the firm, and focused talent development programs for underrepresented groups help build a culture and environment of equity and inclusion, says Grant. She says these trainings also boost the firm’s reputation — an organic way to enhance recruiting.

NAVIGATING CLIENT BLOWBACK

Lawyers are admittedly cautious and risk averse. And in uncertain times, it may be easy to take a guarded approach. Rather than taking a safe approach, think about the firm’s core values and guiding principles — and lean into them.

“Our values are important because they show us where to navigate,” says Zakir. “You wouldn’t toss your compass during a storm.”

The challenges in traversing DEIA backlash led DWT to launch a group to help clients navigate the broader anti-DEI backlash and ensure that their commitment can remain steadfast and secure. “We realize that, with the onslaught against DEI, we may continue to see more lawsuits targeting DEI programs and efforts.”

West says the overall blowback also prompted Duane Morris to establish formal practice areas to address client concerns.

“Leaning on our years of experience in the field — along with firsthand knowledge from our own successful DEI program — the firm assists organizations in creating and sustaining a program that allows them to derive the benefits of diversity, equity and inclusion,” says West.

At the end of the day, these efforts must be embraced from the top. A firm’s guiding values need to bolster and complement DEIA efforts, and “must be etched into the foundation of your organization,” says Martin. “It starts at the top and has a trickle-down effect. It must be woven into the fabric of what makes your organization.”

You’ll have a more well-rounded firm for it. “A diverse workforce makes us stronger by bringing together expansive life experiences and different worldviews,” says Grant.


Learn the Latest on DEIA Initiatives with Legal Management Talk

Amid the current political and social climate, several organizations have begun to roll back their DEIA programs. Ann Thomas, Chief Diversity and Inclusion Officer at Stinson LLP, joined Legal Management Talk to discuss the state of DEIA today, how firms of different sizes should approach their DEIA initiatives, and how clients are still looking for their firms to show progress on diversity and inclusion. Tune in today!

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