Tag: Diversity

Inclusion Does Not Stop Workplace Bias, Deloitte Survey Shows

In Deloitte’s 2019 State of Inclusion Survey, 86% of respondents said they felt comfortable being themselves all or most of the time at work, including 85% of women, 87% of Hispanic respondents, 86% of African American respondents, 87% of Asian respondents, 80% of respondents with a disability and 87% of LGBT respondents. But other questions in the company’s survey show a more troubling, less inclusive and productive office environment, and may indicate that simply implementing inclusion initiatives is not enough to prevent workplace bias.

While more than three-fourths of those surveyed also said that they believed their company “fostered an inclusive workplace,” many reported experiencing or witnessing bias (defined as “an unfair prejudice or judgment in favor or against a person or group based on preconceived notions”) in the workplace. In fact, 64% said that they “had experienced bias in their workplaces during the last year” and “also felt they had witnessed bias at work” in the same time frame. A sizable number of respondents—including 56% of LGBT respondents, 54% of respondents with disabilities and 53% of those with military status—also said they had experienced bias at least once a month.

Listening to those who say they have witnessed or experienced bias is especially important. When asked to more specifically categorize the bias they experienced and/or witnessed in the past year, 83% said that the bias in those incidents was indirect and subtle (also called “microaggression”), and therefore less easily identified and addressed. Also, the study found that those employees who belonged to certain communities were more likely to report witnessing bias against those communities than those outside them. For example, 48% of Hispanic respondents, 60% of Asian respondents, and 63% of African American respondents reported witnessing bias based on race or ethnicity, as opposed to only 34% of White, non-Hispanic respondents. Additionally, 40% of LGBT respondents reported witnessing bias based on sexuality, compared to only 23% of straight respondents.

While inclusion initiatives have not eliminated bias, Deloitte stresses that these programs are important and should remain. As Risk Management previously reported in the article “The Benefits of Diversity & Inclusion Initiatives,” not only can fostering diversity and inclusion be beneficial for workers of all backgrounds, it can also encourage employees to share ideas for innovations that can help the company, keep employees from leaving, and insulate the company from accusations of discrimination and reputational damage.

But building a more diverse workforce is only the first step, and does not guarantee that diverse voices are heard or that bias will not occur. Clearly, encouraging inclusion is not enough and more can be done to curtail workplace bias. And employees seeing or experiencing bias at work has serious ramifications for businesses. According to the survey, bias may impact productivity—68% of respondents experiencing or witnessing bias stated that bias negatively affected their productivity, and 70% say bias “has negatively impacted how engaged they feel at work.”

Deloitte says that modeling inclusion and anti-bias behavior in the workplace is essential, stressing the concept of “allyship,” which includes, “supporting others even if your personal identity is not impacted by a specific challenge or is not called upon in a specific situation.” This would include employees or managers listening to their colleagues when they express concerns about bias and addressing incidents of bias when they occur, even if that bias is not apparent to them or directly affecting them or their identity specifically.

According to the survey, 73% of respondents reported feeling comfortable talking about workplace bias, but “when faced with bias, nearly one in three said they ignored bias that they witnessed or experienced.” If businesses foster workplaces where people feel comfortable listening to and engaging honestly with colleagues of different backgrounds, create opportunities for diversity on teams and projects, and most importantly, address bias whenever it occurs, they can move towards a healthier, more productive work environment.

Risk Management Magazine and Risk Management Monitor. Copyright 2019 Risk and Insurance Management Society, Inc. All rights reserved.
For more on workplace discrimination issues, please see the National Law Review Labor & Employment law page.

“Inclusion Riders” On The Storm

Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal implications, are somewhat more complicated than several news and entertainment outlets are reporting today. The term “inclusion rider” was coined a few years ago by Dr. Stacy Smith, the founder and director of the Annenberg Inclusion Initiative  at USC. Dr. Smith delivered a Ted Talk in 2016 describing an inclusion rider as a potential solution to ongoing diversity issues and concerns in Hollywood. Specifically, she described the idea of having A-list actors demand provisions in their contracts that call for all the roles in whatever project they are working on to reflect broader demographics.

There is likely nothing wrong with a narrowly-tailored and creative provision like the one Dr. Smith described in her Ted Talk. Creative types already have in some instances exercised considerable leeway in setting their own casting criteria, and one need look no further than the hit Broadway musical “Hamilton” with its famously diverse casting to understand that under the rubric of creative choice, such standards can pass muster (although they may still face opposition).

Notwithstanding what may happen in the creative/artistic space, explicit demands or requirements based on race, religion, gender, or any other protected characteristic could run into challenges. In an interview backstage last night, McDormand told reporters “I just found out about this last week. It means you can ask for and/or demand at least 50 percent diversity in, not only casting, but also the crew.”  When it comes to a film or television crew, although an actor may request that good faith effort be undertaken to hire a diverse crew, demanding that certain race or gender quotas be met could run afoul of Title VII of the 1964 Civil Rights Act and comparable state law, which generally bans employment discrimination and quotas by private employers.

An inclusion rider like the one described by Dr. Smith might work in the entertainment industry based on First Amendment and creative license protections. But employers, both in the entertainment industry and outside of it, should be wary of agreeing to riders demanding that specific quotas be met. Those demands, no matter how well-intentioned, could be challenged as being discriminatory.

 

© 2018 Proskauer Rose LLP.
For more entertainment legal news go to the National Law Reviews Entertainment Law Page.

Mind the Gap: Reducing the Sponsorship Gap Between Men and Women in the Workplace

Recently posted in the National Law Review an interesting  article by Brande Stellings of Catalyst Inc. regarding how a mentor differs from a sponsor and compensation that women face and the gaps in career advancement and compensation that women face

While recently moderating a panel on mentors and sponsors in the workplace, I was struck when one of the panelists, a seasoned, extremely accomplished General Counsel at a prestigious institution, mused aloud that she had had many sponsors in retrospect, but did not know there was a name for it.

This is not surprising.  Everyone knows what a mentor is.  But not everyone knows how a mentor differs from a sponsor.  And recent Catalyst researchindicates it is this critical difference that helps explain the gaps in career advancement and compensation that women face right out of the gate, as well as over time, in comparison to their male peers.  

Statistics regarding women’s advancement in the legal profession are well-known.  The National Association of Women Lawyers (“NAWL”) annual survey of women in AmLaw 200 law firms shows that women’s representation in the equity partner ranks has plateaued at the 15-16% range in the five years since NAWL began the survey.  The MCCA survey of women general counsels in the Fortune500 fares a bit better, with women clocking in just under 19%.  These numbers are not dissimilar to women in US business generally. The annual Catalyst census of women’s representation of Fortune 500 Board directors and executive officers has also stalled out in the 14-15% range.

How do we move off this plateau and get closer to gender parity in our top leadership positions?

For years, many have looked to mentoring as a solution.   Yet, for all the time and resources invested in mentoring, it has not yielded dramatic results. Indeed, Catalyst research has revealed a paradox. According to Catalyst’s landmark study of high-potential MBA graduates, Mentoring: Necessary but Insufficient for Advancement, more women than men reported having mentors, but mentoring provided a much bigger pay-off for men than women.  For example, mentoring was a statistically significant predictor of promotion for men but not for women.   We also found that men with mentors made more than women with mentors in their first post-MBA job – to the tune of $9260.

Why is it that men reap much bigger rewards from mentoring than women in terms of promotion and compensation?

Mentoring: Necessary but Insufficient for Advancement found that although more women than men have mentors, women’s mentors have less clout.  In other words, men are more likely to be mentored by CEOs or other senior executives who are in a position to act on behalf of their protégés.  These powerful mentors act as sponsors.  A sponsor is someone with power and rank and significant influence on decision-making processes.  A sponsor can ensure that a high-performing woman’s work is noticed, that she is put on key projects or client engagements, and advocate for her promotion.

Take the example of a woman partner who is now a leader in her firm and in the profession.  When she first came up for partner at her firm, she and her supporters assumed she would make partner. When she did not, her supporters rallied around her, engaged the support of other partners, including, critically, a member of the partner election committee, and she made partner the following year.

In the example above, note that the most important work of the lawyer’s sponsors was done behind closed doors.  As a sponsor stated in our latest report:

A lot of decisions…are made when you’re not in the room, so you need somebody who can…advocate for you and can bring up the important things of why you should advance. You need somebody or people at that table…speaking for you….I can’t think of a person who rose without a sponsor or significant sponsors.

Catalyst research regarding differences between women and men’s mentors in the high-potential MBA population corresponds to the findings in Catalyst’sWomen of Color in US Law Firms research report.  Of all the groups of lawyers Catalyst surveyed, women of color were the most likely to say they had a mentor, and white men were the least likely to say they had a mentor.  The difference emerges in terms of access to influential mentors.  Women of color were leastlikely to feel their mentors were influential.

Sponsorship does not replace mentoring, by any means.  Mentoring is still necessary, but it is not sufficient on its own.   Good advice without the opportunity to put that advice into action will take one only so far.  As Catalyst research demonstrates, women get a lot of advice, but are not getting ahead.

To learn more about the latest research on sponsorship, and hear from women leaders in the business and legal world, join me at the Seventh Annual National Association of Women Lawyers General Counsel Institute on November 3, 2011 for a panel discussion, Beyond Mentoring: Career Advancement Strategies.  For more information on NAWL’s General Counsel Institute and to register, visit NAWL’s website.

© 2011 Catalyst Inc.

Diversity and Its Impact on the Legal Profession

Recently posted in the National Law Review an article by Jon Minners of Vault Inc. regarding the importance of diversity in law firms:

“Diversity is a very critical element of our society,” said Robert J. Grey, Jr.—a partner at law firm Hunton & Williams—during a keynote speech at the 6th Annual Vault/MCCA Legal Diversity Career Fair, held on Friday, July 29, 2011 in Washington, D.C.

In discussing his path to Washington and Lee University School of Law, Grey engaged the audience with a story about his first meeting with the then-dean of the law school.  While his story was filled with humor, Grey conveyed an important message: rather than judging a book by its cover, the dean gave Grey the opportunity to fulfill his dream of becoming a lawyer.  Grey—who formerly served as president of the American Bar Association—has been an influential voice in the legal profession through his work and his commitments to pro bono and diversity.  He was nominated by President Obama to serve as a Board Member of the Legal Services Corporation—a post he now fills—and also currently serves as the Executive Director of the Leadership Council on Legal Diversity.

“Recognizing talent and giving it a chance – that’s what diversity is about,” said Grey.

Grey’s speech formed a fitting backdrop for the day as hundreds of minority, female, LGBT candidates and candidates with disabilities gathered at the Renaissance Hotel in downtown D.C. to speak with recruiters and hiring partners from law firms, as well as corporate and government employers.  Earlier in the week, candidates and legal employers on the West Coast participated in the career fair at the Westin Bonaventure in downtown Los Angeles.

Vault kicked off the career fair in D.C. by honoring the Top 25 Law Firms for Overall Diversity, Top 3 Law Firms for Diversity for LGBT, Top 3 Law Firms forDiversity for Women and Top 3 Law Firms for Diversity for Minorities. While recognizing that diversity is important throughout all careers, Vault.com‘s Law Firm Diversity Rankings focus on the legal profession. These rankings are the result of a survey taken by close to 16,000 law firm associates throughout the country.  This year, and for the third consecutive year, Carlton Fields was ranked the No. 1 Firm for Overall Diversity.

“This represents how far we have come as a nation and an industry,” said Gary Sasso, President and CEO of Carlton Fields, during the award ceremony.  “We have a very long-standing tradition of diversity.  We like to say we celebrate diversity in all things at all times.  It’s in our DNA.”

And it is fast becoming part of the DNA of many organizations who truly see the potential of a more diverse office makeup.  During a panel discussion moderated by Vault.com law editor Mary Kate Sheridan, various professionals in the legal industry weighed in on the subject and discussed ways to make sure that diversity is not just an idea, but a part of the everyday practice.

“Diversity wasn’t really something on top of anyone’s discussion list in the 80s,” said Jackie Stone, a partner at the law firm McGuireWoods.  “But it is an important discussion today.”

Thomas E. Zutic, a partner at the law firm DLA Piper, stated that because of its importance today, “diversity is not about window dressing.  It’s not a one time, show off to the client aspect of business.”

Stone added: “Clients are watching very closely.  They want to see that diversity continues in terms of who actually gets to do the work.”

Lori L. Garrett, vice president and managing director of the southeast region of theMinority Corporate Counsel Association (MCCA), said that once you recruit diverse talent, the best way to keep them is to make them feel like they are part of the team.  “Mentoring is one of the most important ways anyone can connect to supervisors,” she said.  “They understand what it takes to reach the next level, but diverse employees should not just speak to supervisors.  They need to create relationships everywhere.”

Zutic also noted that diverse candidates need to make sure they take ownership of their careers by making themselves desirable candidates.  “Grades are still important,” he said, noting that students should approach law school as their jobs and perform as well there as they would in their careers.  “It’s so basic, but it’s so important,” he said.  “We can talk diversity, but in the end, if you are not bringing the right skill set and the right credentials, it’s not going to work.”

© 2011 Vault.com Inc.