Page 8 - 2014_0203_SSPartnership

S8 | MONDAY, FEBRUARY 3, 2014 | Partnership
| NYLJ.COM

Best Practices for Integrating

Diverse and Women Laterals

their firms to take in order to combat uncon-
scious bias:
BY JEREMIAH A. DeBERRY
W • Conduct surveys (internally with cur-
ith the summer associate recruiting rent associates and externally, with former
season winding down and a new year associates) to identify the degree to which
beginning, now would be an ideal time
unconscious bias has affected attorneys and
to supplement the hard work that (hopeful- the firm’s workplace environment;
ly) produced improved diversity recruiting • Establish a formal and confidential com-
results, by focusing on the professional devel- plaint reporting committee that is comprised
opment of the diverse and women attorneys of (i) partners who are approachable and sup-

who are already practicing law at your firm.
portive of the firm’s diversity and inclusion
Among the number of factors affecting initiatives and (ii) senior level diversity and
the success and professional development inclusion professionals at the firm. If your
of diverse and women attorneys at law firms, firm does not have a full-time diversity pro-
none are more impactful than unconscious fessional on staff, perhaps that should be
bias, micro-inequities and social isolation. your first order of business. A critical role
While these issues are related, they are also of this committee will be to hear and address
very separate and distinct. As noted below, complaints about how unconscious bias and
unconscious bias can lead to micro-inequities, micro-inequities are affecting attorneys at the

which can lead to social isolation. If ignored firm;
and not adequately addressed, these issues • work with your firm’s marketing team
will most certainly stunt the professional or department to establish a process which
development of, and lead to a decreased ensures that, whenever possible and appro-
retention rate among, a firm’s diverse and priate, women and diverse attorneys are
women attorneys.
included in new business pitches and other
To better understand how law firm part- business development efforts.
ners and leaders can help address these Unconscious bias has a number of implica-
issues and make meaningful contributions tions on the work place environment. One

to diversity and inclusion efforts, let’s start of the more significant consequences is the
with a discussion of unconscious bias.
occurrence of micro-inequities.

Unconscious Bias
Micro-Inequities

Unconscious bias is a concept that has The term micro-inequities is used to
recently received a good deal of attention in describe subtle and often subconscious
the legal industry. However, it is not new to messages in the workplace that devalue,

many other industries. In its most basic form, discourage, and ultimately impair the per-
unconscious bias is the process by which formance of the recipient of such messages.
an individual attributes certain qualities to, While micro-inequities are often the result of
or makes assumptions about, all members unconscious bias, they can also result from CK
of a particular group based on such indi- overt and intentional discrimination. Micro- STO
vidual’s experiences, beliefs and learned inequities can take the form of actions, ges- I
associations. Typically, unconscious biases tures, words or tone of voice. Examples in
exist with respect to gender and race, but the law firm environment include:
they are also present with respect to other particularly among law firm partners who your decision making in the workplace. To • Mistaking the identity of an individual of

physical characteristics, including height, are reluctant to believe that they harbor any assess your own personal biases, visit the a certain ethnicity with another individual of
weight and hair color.
biases (unconscious or otherwise). The real- Project Implicit website (https://implicit. the same ethnicity;
The common theme of all unconscious ity is that, regardless of age, gender, sexual harvard.edu/implicit/research/) and take the • Checking emails, texting or otherwise
biases is that the person who holds such orientation or race, we all harbor such biases. Implicit Association Test (IAT). Most individu- being distracted and not making a eye contact
biases are unaware that they (i) harbor such It is part of the human condition, as we are all als who take this test are surprised at the during a one-on-one discussion with a diverse
beliefs, (ii) are making assumptions about influenced by our own experiences, convic- degree to which they harbor certain biases. or female attorney;
groups of individuals or (iii) are making tions, beliefs and other ideas and perspectives Even I, as a seasoned diversity professional, • Acknowledging the achievements of some
important decisions (employment or other- that help to create unconscious bias.
was surprised at my results.
team members, but not others (particularly
wise) based on such assumptions. This is in There are a number of circumstances in After taking the test, encourage other the accomplishments of diverse or women

contrast to overt discrimination/stereotypes, the law firm environment where unconscious partners in the firm to take the test and attorneys), even though the accomplishments
where a person consciously makes decisions bias can adversely affect diverse and women recommend that the firm engage outside are relatively equal;
or takes action based on assumptions that attorneys. For example, failing to consider a consultants who are experts in the uncon- • Consistently (unintentionally or not)
such person is fully aware of.
diverse attorney during succession planning scious bias arena and schedule a training mispronouncing an individual’s name;
In the workplace, unconscious bias is a discussions despite the diverse attorney’s session for all of the partners in your firm • Consistently not responding to messages
subconscious preference to work with and strong and long-standing relationship with or practice group.
from a diverse or female attorney without
engage others who share similar physical, the client. Another example would be fail- Taking the IAT and participating in uncon- justification;
intellectual and/or socio-economic charac- ing to consider a female attorney with young scious bias training are important steps for • Giving credit to a straight white male for

teristics. As a result of the oblivious nature of children for an assignment because the matter individual partners to take if they seek to an idea that was first proposed by a diverse
unconscious bias, it is a challenge to address,
would involve a significant amount of out-of- work more productively with attorneys who or female attorney; and
town travel.
are different from themselves.
• Extending invitations that are insensitive
The first step in combating unconscious In addition to taking the IAT and partici- or unwelcoming to members of under-repre-
JEREMIAH A. DBERRY is U.S. Director of Diversity & bias is understanding the degree to which you pating in training sessions, set forth below sented groups (i.e., invitations that assume
eInclusion at Mayer Brown in New York.
have biases and how they may be affecting
are actions that partners should encourage
only women will have child-care issues that