“Diversity” is one of those popular words that mean different things to different people.
To some, it connotes a multi-ethnic workforce or other group – a reflection of a society in which opportunities are open to all. To others, it suggests an affirmative action type agenda, which, depending on viewpoint, could have a positive or negative connotation.
In short, diversity tends to be embraced (at least in concept) by those with certain world and social views and ignored or worse by those with contrary views.
As such, like so many issues today, it is preached to the converted and gets no real traction with non-converts.
This article attempts to speak to both groups: converts should supplement their pitch, and non-converts should take another look, because diversity is good for business.
Diversity, simply described, means that an organization is made up of people that are not all the same; this means they generally will look different from each other, but more important they will have different life experiences and different ways to think and perceive resulting from where they grew up and have lived, what they have overcome or been exposed to, opportunities they have had, losses they have suffered, where and how they have been educated or enlightened, and what they believe.
Culture, ethnicity, gender, socio-economic status, language, physical impairment, life choices, hobbies and more all come into play when discussing diversity.
The value of such diversity is immense – far more than simply displaying on a firm website a photograph of lawyers appearing to be of various ethnicities.
First, seeking out diversity is entirely consistent with hiring the best and brightest. Indeed, an enterprise cannot do one without the other.
Lawyering is a problem-solving business. Problems are solved by utilizing a combination of intelligence, training, instinct and creativity. The latter three qualities, in particular, derive from background and experience.
As such, the best and the brightest team is built by attracting, nurturing and retaining intelligent lawyers from a variety of backgrounds and experiences. Although individuals with like backgrounds do not all think and problem-solve alike, “outside the box” thinking is more likely to emanate from a legal team made up of lawyers with a multiplicity of experiences.
In short, a team of people from different backgrounds generates more ideas, new ways of thinking, and more opportunities for problem-solving. Such a team is better able to serve its clients.
Second, many clients believe in the benefits of a diverse workforce. The common corporate view is that companies that reflect diversity are better able to flex in a changing economy that is more global than ever.
That view provides independent motivation to diversify – to attract and retain clients. Major corporations, for example, are sensitive to the value of diversity and actively seek out law firms and other professionals that put the benefits of diversity into practice.
In 1999, the chief legal officers of 400 out of the Fortune 500 companies signed the so-called “Diversity Statement” to expressly encourage diversity in the workplace. Once these and other companies committed to diversity within, they began to expect the same from their outside professionals. Indeed, it is common for companies interviewing law firms to request data and information regarding the make-up of the law firm’s workforce.
Third, a diverse environment is, generally speaking, a comfortable one. Even the most racially blind person is conscious when in an environment in which no one, for lack of a better phrase, looks like her.
This applies to clients that visit the office environment and, of course, employees and candidates for employment. Ignoring this (albeit somewhat superficial) dynamic is a resignation to the discomfort of certain others, and the resulting likelihood that – given the choice – those others will do business, or work, elsewhere.
Moreover, uncomfortable employees are less likely to speak up, limiting their development and further impeding the creative problem-solving process. An inclusive environment increases morale, productivity and innovation and tends to decrease costly attrition.
To the extent there remain some more comfortable in a homogenous environment who would not be attracted to a diverse work environment, a business is likely better off identifying this tendency, which for the reasons stated above must be perceived as a limitation.
Fourth, as recognized in the April 2010 Summary Report and Recommendations from the American Bar Association’s Study of the State of Diversity in the Legal Profession, a gap between the demographic makeup of an organization and that of its community reflects the presence of barriers to entry into the profession. This is an unfortunate dynamic, particularly for a profession that tends to be at the forefront of positive social change and that is charged with protecting the rights of minorities and the majority alike.
For these, reasons, law firms and other businesses increasingly are recognizing the value of having a diverse workforce. That said, the legal profession has a long way to go.
According to the 2010 demographic statistics of the National Association of Legal Placement, just over 12 percent of lawyers at reporting law firms are minorities, while just fewer than 33 percent of lawyers in these law firms are women.
Minority women make up approximately 6 percent of lawyers in these firms. At the partner level, the percentages of minority and women lawyers are significantly lower, with minority lawyers accounting for approximately 6 percent of partners and women making up just over 19 percent. Minority women account for less than 2 percent of these law firm’s partners.
These statistics actually reflect a trend toward improvement but great opportunity for increased diversity and the resulting benefits still exist. Given the business benefits of diversity (to say nothing of the cultural and social benefit), the legal profession needs to increase its emphasis on encouraging diversity within the profession.
The bottom line is that diversity is good for the bottom line.