Diversity and Inclusion:
The Administrator’s Role
Come Together
Rock Your Education
2010 Regions 5 & 6
Conference & Expo
S...
Diversity
Means
Business
“Diversity is the mix.
Inclusion is making the mix work.™”
- Andres T. Tapia, Hewitt Associates
Diversity *is* - PERIOD.
THE BUSINESS
CASE
Democracy.
Leadership.
The Right Thing to Do.
Good for Business.
The truth is
we must move beyond platitudes
to offer real business answers.
Maximizing
Performance
Demographic
Tsunami
Client Demand
Reducing Liability
THE ‘BUSINESS’
BUSINESS CASE.
Employee Engagem...
THE CALL TO
ACTION
“Using the experience of those on
the margin to rethink the whole...”
- Lani Guinier, California Law Review, 1996
Inclusio...
KNOW YOUR
1.
PEOPLE
Who are your people?
 Who is in the mix and what are their perspectives?
 What is important to them?
 What do they need...
Bowman and Brooke LLP
Who are your people?
 EEO-1 Report Categories (race, gender)
 GLBT/Ability Status/Veteran Status/O...
An Example:
Staff/Attorney Turnover Cost
PRINCIPLES:
2.
YOURS &
YOUR CLIENTS
WHAT DO THEY VALUE?
Merit?
Performance? Fairness?
Justice?
Excellence?
WHAT DO YOUR CLIENTS
VALUE
 Which of your clients communicate diversity as one of their
principles?
 How to find out:
 ...
3.
POLICIES:
Connect People
& Principles
WHO “IS” DIVERSE
WHY YOU CARE
The Diversity
Policy
DEFINE WHAT DIVERSITY IS
HOW DOES IT TOUCH
RECRUITING ATTORNEYS/STAFF? ...
The Diversity Policy
 How will you show your attorneys/staff they’re a vital part of
your workforce?

 How will you com...
TREND WATCH
 The Disability, Access,
and Inclusion Policy
 Disability-Aware
Hiring Efforts
 Better practices
The Divers...
4.
PRACTICES:
Put Policy
Into Action
 IDENTIFIES PRIORITIES & GOALS
 STRATEGIES & ACTIONS
 DEFINES OUTCOMES
The Diversity
Action Plan Build a Strong Plan th...
 ASSIGNS RESPONSIBILITY TO INDIVIDUALS/PRACTICE GROUPS
 IDENTIFIES HOW EACH ACTION WILL BE ASSESSED
 SEE ALA DIVERSITY ...
5.
LASTLY!
Establish an
Ongoing Program
INCENTIVISE
DIVERSITY WORK
PROVIDE
FLEXIBILITY
REPORT ON
RESULTS
BUILD IN
OVERSIGHT
FOUR WAYS TO
DRIVE RESULTS:
CHECKLISTS
“To help achieve our diversity
goals, all attorneys are
required to complete five to
10 diversity commitment
ac...
OVERSIGHT
IN
CONCLUSION
Diversity is a journey,
not
a destination.
Monitor and review your program
over twelve months, and adjust the
plan as nece...
Resource 1. Diversity in the Legal Profession: Next Steps - ABA
http://bit.ly/ABANextSteps
Encore - Resources
Resource 2. ...
Resource 6. The ALA Diversity Toolkit - ALA
http://alanet.org/diversity/Diversity_Toolkit.pdf
Encore - Resources
Resource ...
Rhonda Grayson
Manager of Diversity
Fish & Richardson, PC
Grayson@fr.com
12390 El Camino Real
San Diego, CA 92130
858.678....
Vic Maurer, ALA
vmaurer@alanet.org
75 Tri-State International, Suite 222
Lincolnshire, IL 60069-4435
847.267.1252 TEL
847....
Photo & Other Credits
SLIDE SOURCES
1 Photo Dictionary
http://www.faqs.org/photo-dict/phrase/377/microphone.html
3 Andrés ...
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Diversity and Inclusion: The Legal Administrator\'s Role

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Oct. 1, 2010 presentation at the Association of Legal Administrators Regions 5 & 6 Conference in San Diego, CA.

Vic Maurer, ALA
Rhonda Grayson, Fish & Richardson

Published in: Career, Business
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  • To start, let’s define what I mean I say diversity, and I’m going to throw another word in there with diversity and that is inclusion.
    Diversity is… PERIOD. It’s defined by the mix of individuals in your workplace, in your market, in your community, and in your world. That mix isn’t a melting pot necessarily. It’s certainly not colorblind, to the extent that color is a characteristic of difference. But it’s all of those things: race, sex, gender, ethnicity, sexual orientation, disability, veteran status, where you and I went to school, how we handle conflict, where we grew up, and so much more. That exists. So for now, let’s agree that diversity, with a capital D, is just difference, and it exists.
    So we’ve got this mix, and that’s diversity.
    Another way I’ve heard this described is that diversity is being invited to the party and inclusion is being asked to dance. Being a train wreck on the dance floor myself, I can’t really validate that. Those of you that dance though, I’m seeing some heads nodding. Good.
  • NEXT STEPS ARGUMENTS
    Case 1: The Democracy Rationale
    Lawyers and judges have a unique responsibility for sustaining a political system with broad participation by all its citizens. A diverse bar and bench create greater trust in the mechanisms of government and the rule of law.
    Case 2: The Business Rationale
    Lawyers and judges have a unique responsibility for sustaining a political system with broad participation by all its citizens. A diverse bar and bench create greater trust in the mechanisms of government and the rule of law.
    Case 3: The Leadership Rationale
    Business entities are rapidly responding to the needs of global customers, suppliers, and competitors by creating workforces from many different backgrounds, perspectives, skill sets, and tastes. Ever more frequently, clients expect and sometimes demand lawyers who are culturally and linguistically proficient.
    Case 4: The Demographic Rationale
    Individuals with law degrees often possess the communication and interpersonal skills and the social networks to rise into civic leadership positions, both in and out of politics. Justice Sandra Day O’Connor recognized this when she noted in Grutter v. Bollinger that law schools serve as the training ground for such leadership and therefore access to the profession must be broadly inclusive.
  • Call to Action 2004 – Rick Palmore
    RFPs
    LCLD & IILP – investigating legal spend
  • OPPORTUNITY. NOT PROBLEM.
  • OPPORTUNITY. NOT PROBLEM.
  • NEXT STEPS ARGUMENTS
    The Business Case for Diversity Management and Inclusive Workplaces
    There is a strong, well documented business case for diversity management. Reducing turnover, increasing retention, reducing workplace tension, improved team cohesion, etc.
    The case for “diversity” more broadly is less clearly defined. Skeptics find this easier to attack.
    Case 1: Clients are demanding it.
    Case 2: It aligns with the mission and values of the judiciary and our legal system itself.
    Case 3:
    Case 4:
  • EEO-1 Report Categories
    - Demographics
    - Diversity Scorecard
    Benchmarking Surveys
    - CAIS Survey
    - California Law Firm Critical Mass Survey
    - Vault.com
    RFPS
  • First year attorney – summer associate program, judicial clerkship, recruitment, hosting them etc. $$ $$ $$
  • WHAT DO YOUR CLIENTS VALUE
    Here – specifically addressing diversity.
    Which of your clients communicate diversity as one of their principles?
    How to find out:
    Websites, Call to Action and other pledge lists, Awards, RFPs.
    Inventory this. Know what the legal spend is that comes from diversity.
  • Disability, Access and Inclusion Policy - Started in government and church.
    Disability stats
    Employers should work with law schools to make sure that they are interviewing and hiring candidates with disabilities.
    A person or group of people within a firm or company should be the “go to” representative for questions about disability and the hiring process.
    Braille Biz Cards
    General
    Getting up to speed on accommodations - the Job Accommodation Network and the Justice Department’s ADA hotline, can be helpful
    Worklife balance is important to disabled and nondisabled attorneys alike.
    Flexibility (e.g., schedules, telecommuting, sabbaticals) works for everyone
    Employers can foster informal and formal communication channels so that every employee will be valued and heard.
    Employees must feel as if they can request accommodations confidentially and safely.
    Addressing negative reactions or fears about disability held by colleagues and subordinates is just as important as ensuring that partners and management understand disability rights.
  • IDENTIFIES PRIORITIES & GOALS
    STRATEGIES & ACTIONS
    DEFINES OUTCOMES FOR ACTIONS
  • ASSIGNS RESPONSIBILITY TO INDIVIDUALS/PRACTICE GROUPS
    IDENTIFIES HOW EACH ACTION WILL BE ASSESSED (DATA, DIRECT MEASURE, SURVEY, TREND, DEMOGRAPHIC PROFILE, COMPLAINTS, CONFLICTS REPORTED/RESOLVED, TRAINING COMPLETION RECORDS, PARTICIPATION IN D&I INITIATIVES)
    SEE ALA DIVERSITY TOOLKIT FOR HELP!
  • Don’t be afraid to revisit your original assumptions and review your original diversity policy!
  • Diversity and Inclusion: The Legal Administrator\'s Role

    1. 1. Diversity and Inclusion: The Administrator’s Role Come Together Rock Your Education 2010 Regions 5 & 6 Conference & Expo San Diego, CA
    2. 2. Diversity Means Business
    3. 3. “Diversity is the mix. Inclusion is making the mix work.™” - Andres T. Tapia, Hewitt Associates Diversity *is* - PERIOD.
    4. 4. THE BUSINESS CASE Democracy. Leadership. The Right Thing to Do. Good for Business.
    5. 5. The truth is we must move beyond platitudes to offer real business answers.
    6. 6. Maximizing Performance Demographic Tsunami Client Demand Reducing Liability THE ‘BUSINESS’ BUSINESS CASE. Employee Engagement Collaboration Innovation Immigration Globalization ? Litigation avoidance
    7. 7. THE CALL TO ACTION
    8. 8. “Using the experience of those on the margin to rethink the whole...” - Lani Guinier, California Law Review, 1996 Inclusion is about managing diversity. Inclusion is deliberate and requires action. PO LICIES PRACTICES PEOPLE PRINCIPLES
    9. 9. KNOW YOUR 1. PEOPLE
    10. 10. Who are your people?  Who is in the mix and what are their perspectives?  What is important to them?  What do they need to be successful in their work?  What tensions exist? Fish & Richardson, P.C.
    11. 11. Bowman and Brooke LLP Who are your people?  EEO-1 Report Categories (race, gender)  GLBT/Ability Status/Veteran Status/Others?  Assessments/Informal Surveys/Focus Groups/Interviews  Benchmarking Surveys
    12. 12. An Example: Staff/Attorney Turnover Cost
    13. 13. PRINCIPLES: 2. YOURS & YOUR CLIENTS
    14. 14. WHAT DO THEY VALUE? Merit? Performance? Fairness? Justice? Excellence?
    15. 15. WHAT DO YOUR CLIENTS VALUE  Which of your clients communicate diversity as one of their principles?  How to find out:  Inventory this. Fraser Milner Casgrain LLP
    16. 16. 3. POLICIES: Connect People & Principles
    17. 17. WHO “IS” DIVERSE WHY YOU CARE The Diversity Policy DEFINE WHAT DIVERSITY IS HOW DOES IT TOUCH RECRUITING ATTORNEYS/STAFF? CONTRACTOR/SUPPLIER DIVERSITY? COMPENSATION MODELS BENEFITS/PERKS/401(K)
    18. 18. The Diversity Policy  How will you show your attorneys/staff they’re a vital part of your workforce?   How will you communicate your commitment?  How will you educate your workforce? Luce, Forward, Hamilton & Scripps LLP
    19. 19. TREND WATCH  The Disability, Access, and Inclusion Policy  Disability-Aware Hiring Efforts  Better practices The Diversity Policy
    20. 20. 4. PRACTICES: Put Policy Into Action
    21. 21.  IDENTIFIES PRIORITIES & GOALS  STRATEGIES & ACTIONS  DEFINES OUTCOMES The Diversity Action Plan Build a Strong Plan that Caldwell Leslie & Proctor, PC
    22. 22.  ASSIGNS RESPONSIBILITY TO INDIVIDUALS/PRACTICE GROUPS  IDENTIFIES HOW EACH ACTION WILL BE ASSESSED  SEE ALA DIVERSITY TOOLKIT FOR HELP! The Diversity Action Plan Build a Strong Plan that Theodora Oringher Miller & Richman PC
    23. 23. 5. LASTLY! Establish an Ongoing Program
    24. 24. INCENTIVISE DIVERSITY WORK PROVIDE FLEXIBILITY REPORT ON RESULTS BUILD IN OVERSIGHT FOUR WAYS TO DRIVE RESULTS:
    25. 25. CHECKLISTS “To help achieve our diversity goals, all attorneys are required to complete five to 10 diversity commitment action items from the firm’s award-winning Diversity Checklist as part of the annual evaluation and compensation process.”
    26. 26. OVERSIGHT
    27. 27. IN CONCLUSION
    28. 28. Diversity is a journey, not a destination. Monitor and review your program over twelve months, and adjust the plan as necessary. Celebrate and communicate gains. Praise progress. Be Patient, be Persistent!
    29. 29. Resource 1. Diversity in the Legal Profession: Next Steps - ABA http://bit.ly/ABANextSteps Encore - Resources Resource 2. Sustaining Pathways to Diversity: Next Steps - MCCA http://bit.ly/MCCANextSteps Resource 3. The Myth of Meritocracy - MCCA www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=614 Resource 4. California Critical Mass Study – Talent Advisory Bd. www.talentadvisoryboard.com/TAB_-_Fenwick_Critical_Mass_Report_-_Final.pdf
    30. 30. Resource 6. The ALA Diversity Toolkit - ALA http://alanet.org/diversity/Diversity_Toolkit.pdf Encore - Resources Resource 7. Diversity Best Practices Guide - NALP http://www.nalp.org/diversitybestpracticesguide Resource 8. Shook Hardy Bacon Checklist - SHB http://www.pwc.com/us/en/law-firms/surveys/cultural-awareness-survey.jhtml Resource 5. Diversity Self Assessment for Law Firms - MCCA www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=996
    31. 31. Rhonda Grayson Manager of Diversity Fish & Richardson, PC Grayson@fr.com 12390 El Camino Real San Diego, CA 92130 858.678.5642 Encore
    32. 32. Vic Maurer, ALA vmaurer@alanet.org 75 Tri-State International, Suite 222 Lincolnshire, IL 60069-4435 847.267.1252 TEL 847.267.1399 DIRECT Encore
    33. 33. Photo & Other Credits SLIDE SOURCES 1 Photo Dictionary http://www.faqs.org/photo-dict/phrase/377/microphone.html 3 Andrés T. Tapia http://inclusionparadox.com/ 4 ABA Center… http://new.abanet.org/centers/diversity/Pages/default.aspx 7 Call to Action http://www.abanet.org/women/leadershipacademy/2010/han douts/calltoaction.pdf 8 Lani Guinier http://www.law.harvard.edu/faculty/guinier/racetalks/future_ aa01.htm 12 Revolving Door http://www.designbuild- network.com/contractors/joinery/dorma/dorma3.html All photos in this presentation are the property of Vic Maurer & the Association of Legal Administrators except where noted below: SLIDE SOURCES 19 Sarah Reinertsen http://www.doubleexposure.com/PTI_Mantoani.sh tml 25 SHB Checklist http://www.shb.com/diversity/DivChecklist63009.p df 26 “SnugglePup” http://www.flickr.com/photos/snugglepup/389664 3139/sizes/o/in/photostream/ 28 “A Change” http://www.flickr.com/photos/notsogoodphotogra phy/3019100611/in/set- 72157594587540517/lightbox/ 31 FR Logo http://www.fr.com/
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