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Arkansas Bar Building A Diverse Workplace June 2010 Rev

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Arkansas Bar Building A Diverse Workplace June 2010 Rev

  1. 1. BUILDING A DIVERSE WORKPLACE<br />Arkansas Bar AssociationAnnual MeetingJune 10, 2010<br />Ellen Ostrow, Ph.D., CMCLawyers Life Coach LLC<br />
  2. 2. WHY DIVERSITY?<br />Values of justice and fairness<br />Better problem solving<br />Greater creativity, innovation<br />Market competitiveness<br />Greater access to talent pool<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />2<br />
  3. 3. Patterns of white male dominance inherent in structure of law firms reproduce themselves again and again.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />3<br />
  4. 4. ADVANCEMENT<br /><ul><li>Attorneys of color = 4.32% partners</li></ul> 15.06% associates<br /><ul><li>Women = 17.06% partners</li></ul> 47.74% associates<br /><ul><li>Nationwide 41% of law offices have no partners of color.
  5. 5. 10% of law offices have no women partners</li></ul> NALP 2004<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />4<br />
  6. 6. Percent of Positions at Law Firms, by Gender<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />5<br />
  7. 7. Where are Women of Color?<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />6<br />
  8. 8. Barriers to Advancement<br />Toxic organizational culture<br />Ethnocentrism<br />Emphasis on assimilation vs. multiculturalism<br />Absence of diversity competence<br />Unconscious/unintentional bias<br />Lack of mentoring<br />Exclusion from informal networks<br />Lack of opportunities for advancement<br />Work/family conflict<br />Stigmatized reduced-hours policies<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />7<br />
  9. 9. Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />8<br />
  10. 10. PRESSUREto Assimilate<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />9<br />
  11. 11. Tall People in a Short World<br /> Imagine a world made by and for short people. In this world everyone is under 5’5,” and the most powerful are rarely taller than 5’3.” After years of discrimination, tall people finally call for change and short people agree that the current world is unfair and amends should be made.<br /> Short people first try to correct things by teaching tall people to act like short people – to minimize their differences by stooping to fit in the doorways or by hunching over to fit in the small chairs. Short people insist that once tall people learn these behaviors they will fit right in.<br />Being John Malkovich, 1999<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />10<br />
  12. 12. Some short people take another approach to routing discrimination: trying to make their world more accommodating to tall people by fixing some of the structural barriers that get in their way. They build six-foot high doors in the back of the building and purchase desks that don’t knock tall people’s knees. They even create some less demanding career paths – tall-people tracks – for those who are unwilling or unable to put up with the many realities of the short world that just can’t be changed.<br />Being John Malkovich, 1999<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />11<br />
  13. 13. Other short people take a third approach: they celebrate the differences of their tall associates. Tall people stand out in a crowd and they can reach things on high shelves. Let’s recognize the worth of those skills and put them to good use! And so the short people “create equity” by putting tall people in jobs where their height is an advantage, like designing brand extensions targeted to tall people.<br />Debra E. Meyerson & Joyce K. Fletcher, (2000) “A Modest Manifesto for Shattering the Glass Ceiling,” Harvard Business Review.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />12<br />
  14. 14. Faulty Assumptions about Meritocracy<br /><ul><li>The most qualified person for a job can be clearly determined.
  15. 15. Objective performance criteria can be established for a legal job.
  16. 16. Evaluators are free of bias.
  17. 17. Once a person is hired, everyone has an equal opportunity to succeed, limited only be individual abilities.
  18. 18. If a person works hard enough, s/he will be recognized and rewarded.</li></ul>Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />13<br />
  19. 19. What's the First Thing You See?<br />Race, gender and age are cues<br />Perceptually salient<br />Among first social categories that children learn<br />Lead to automatic categorization<br />Hard if not impossible to inhibit<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />14<br />
  20. 20. STEREOTYPES<br /><ul><li>Our brain’s tend to categorize and to connect social categories with characteristics (stereotypes)
  21. 21. These stereotypes exert a significant influence on our perceptions, memories, explanations for things that happen and behaviors – often without our awareness.
  22. 22. Stereotype-driven cognitive and behavioral events create an uneven playing field for minority members in a majority culture.</li></ul>Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />15<br />
  23. 23. Stereotypes…<br />allow efficient, if sometimes inaccurate, processing of information.<br />often conflict with consciously held or “explicit” attitudes.<br />Nosek, Banaji, & Greenwald, 2002<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />16<br />
  24. 24. Stereotypes are Self-Confirming<br /> Expectations can effect which information attended to and remembered as well as how we engage in interactions – often in a manner that reinforces expectations<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />17<br />
  25. 25. Minorities and women are often held to higher standards regarding their credibility and intelligence by supervisors and clientele, and their missteps are often more damaging to their reputations than would be the same missteps by majority colleagues who are not saddled by stereotypes that they are less capable.”<br />MCCA Creating Pathways to Diversity, White Men and Diversity – A Closer Look p.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />18<br />
  26. 26. “I have been told on more than one<br />occasion, when I asked others for<br />work, that a case was not the “right”<br />one for me, but that I would be kept<br />in mind for future assignments.<br />I also have been asked to become<br />involved in a matter that was deemed<br />to be right for me — either because<br />the presiding judge was black, the<br />jury pool included significant minority<br />representation, or the client was<br />black.<br />This raises a much larger question<br />that I cannot answer: namely, do these<br />same people believe a case is not a<br />good fit for me or other black partners<br />when the judge is white, the jury pool<br />non-diverse, or the client is thought to<br />prefer a white attorney?”<br />Phillip L. Harris, Confronting Race, Chicago Lawyer, July 2007<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />19<br />
  27. 27. Glass Ceiling Penalizes Women Through Two Distinct Patterns<br /><ul><li>Harder for women to be seen as competent – must demonstrate higher level of competence or demonstrate competence over and over again (descriptive stereotype)
  28. 28. Women penalized for being too competent (prescriptivestereotype)</li></ul>Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />20<br />
  29. 29. What is assertive or<br />ambitious in a manis aggressive in a<br />woman.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />21<br />
  30. 30. He’s smart<br />and talented; she’s lucky.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />22<br />
  31. 31. WORK-FAMILY CONFLICT<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />23<br />
  32. 32. THE MATERNAL WALL<br />Resumes of childless women received<br />twice as many call backs as those of mothers.<br />There were no differences in call backs for<br />men with or without children.<br />Correll, et. al. 2007<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />24<br />
  33. 33. Are Emily and Greg More Employable Than Lashika and Jamal?<br /><ul><li>White-sounding names received 50% more callbacks.
  34. 34. Amount of discrimination uniform across occupations, industries.
  35. 35. Equal Opportunity Employers and federal contractors discriminate as much as other employers.</li></ul>M.Bertrand & S. Mullainathan (2003) Poverty Action Lab, 3, 1-27.<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />25<br />
  36. 36. Implicit Association Test<br /><ul><li>100s of 1000s of experiments across the globe over the last 14 years, many different methods, many different populations
  37. 37. Powerful tool for revealing unconscious bias
  38. 38. Unconscious bias - judgments and thoughts that, if unexamined, remain outside of conscious awareness or conscious control (e.g., stereotypes that one does not endorse, but may still influence one’s judgments or behaviors).
  39. 39. Unconscious bias-related tools and concepts can be used as a means of furthering workplace diversity efforts
  40. 40. Fairness in the workplace can only be achieved when blatant, obvious obstacles (e.g., sexual harassment and race discrimination) ANDsubtle, hidden barriers (e.g., stereotyping and unconscious bias) are addressed.</li></ul>https://implicit.harvard.edu/implicit<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />26<br />
  41. 41. Behavior Predicted by IAT<br />Individual showing pro-white pattern on IAT will do the following when in the presence of a black person:<br /><ul><li>Lean forward less
  42. 42. Turn away slightly
  43. 43. Close his/her body
  44. 44. Less expressive
  45. 45. Less eye contact
  46. 46. Stand further away
  47. 47. Smile less
  48. 48. Hesitate and stumble over words
  49. 49. Laugh at jokes less
  50. 50. Will not affect what person consciously chooses to say or feel or do
  51. 51. Individual is unlikely to be aware of changes in behavior</li></ul>Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />27<br />
  52. 52. Stereotypes are…<br /> Applied more under circumstances of:<br /><ul><li>Time pressure
  53. 53. Ambiguity, lack of information
  54. 54. Stress from competing tasks
  55. 55. Lack of critical mass</li></ul>Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />28<br />
  56. 56. Barriers to Equality and Inclusion<br />Words mean little in terms of the real messages that we send and receive. <br />The meaning of our messages is frequently delivered through subtle micromessages. <br />Subtle, often subconscious signals represent core of the messages we send, and can either demonstrate inclusion or exclusion.<br />Micro-inequities – apparently small events which are often ephemeral, hard to prove, covert, often unintentional, frequently unrecognized by perpetrator<br />Occur wherever people are seen to be different: African Americans in a white firm, women in traditionally male environment<br />Micro-inequities – usually small in nature but not trivial in effect<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />29<br />
  57. 57. How Stereotypes and Dominance<br />Are Maintained<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />30<br />
  58. 58. Diversity is Opportunity<br />Diversity can be drawn on as a resource for building on employees’ strengths <br />Allows individuals to be freed from concerns about inclusion – more able to innovate, reach potential <br />Enables diverse employees to bring viewpoints of their distinctive social group memberships to generating solutions for clients and the firm<br />Interactions across difference are opportunities for learning<br />Fostering supportive, resilient relationships promotes individual and organizational thriving<br />Because no one group valued more than another no one is marginalized – employees free to engage, challenge and support one another<br />Creating an inclusive work environment is essentially about cultivating a climate of respect, compassion, openness<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />31<br />
  59. 59. ALIGNMENT<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />32<br />
  60. 60. Creating an Inclusive Organization<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />33<br />
  61. 61. Path to a Diverse Firm<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />34<br />
  62. 62. COMMUNICATION<br /> CONSTRUCTIVE ENGAGEMENT<br />Ellen Ostrow, Ph.D., CMC © 2010 Lawyers Life Coach LLC<br />35<br />
  63. 63. CONTACT INFORMATION<br />Ellen Ostrow, Ph.D., CMC<br />Lawyers Life Coach LLC<br />910 17th Street, N.W.<br />Suite 306<br />Washington, DC 20006<br />Phone: 202-595-3108<br />Email: Ellen@lawyerslifecoach.com<br />Web: http://LawyersLifeCoach.com<br />To subscribe to our freeezine, “Beyond theBillable Hour,”go to http://LawyersLifeCoach.com<br />

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