i nnovation in diversity and inclusiveness: a dialogue about how colorado is leading the way
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Innovation in Diversity and Inclusiveness: A Dialogue About How Colorado is Leading the Way
COLORADO CAMPAIGN FOR INCLUSIVE EXCELLENCE
Presents
Featuring:
Bruce James, CEO/Managing Partner, Brownstein Hyatt Farber Schreck LLPSteve Smith, General Counsel, Lockheed Martin Space Systems
Sponsored By:
Commitment to Diversity
Colorado Campaign for Inclusive Excellence
Bruce James, Managing Partner Steve Smith, General Counsel
Commitment to Diversity
An Overview of CCIE
and the Data Supporting Its Critical Message
By: Bruce James
Colorado Campaign for Inclusive Excellence
About CCIE
• Addresses Pipeline, Recruiting, & Retention
• Piloting a ground-breaking inclusiveness program
• Organizes annual diversity conference and CLE programs
• Created Retention Initiative which involves 6 GCs and 34 law firms
By the year 2016, all Denver metro law firms and corporate legal departments will have successfully developed and implemented initiatives that create cultures of inclusion where attorneys of all backgrounds succeed without regard to gender, race, religion, national origin, disability, sexual orientation or gender expression.
Colorado Campaign for Inclusive Excellence
CCIE Mission
PARTICIPATING GCS
• Richard Baer, Qwest Communications• Michael Connelly, Xcel Energy Inc.• Kevin MacCary, United Launch Alliance• Annita Menogan, Red Robin Gourmet Burgers• Karen Ripley, MillerCoors LLC• Steve Smith, Lockheed Martin Space Systems
Colorado Campaign for Inclusive Excellence
Participating Law Firms
Colorado Campaign for Inclusive Excellence
What is “Diversity” in the Legal Profession?
What do we mean when we use the term “diversity” in the legal profession?
• What we are talking about: Compositional diversity and under-represented groups.
• What we’re not talking about: Affirmative action, quotas, compliance.
Diversity• Focus is on how many –
“the numbers”
• Resources go into recruiting/hiring
• Focus is on the value and contribution of diverse perspectives, backgrounds
• Resources go into retention
Difference Between Diversity & Inclusion
Inclusion
Colorado Campaign for Inclusive Excellence
Being invited to the dance Actually getting on the dance floor
Hidden Barriers to Retention
Dr. Reeves’ article on Meritocracy (Based on data from the 2006 ABA Visible Invisibility study)
Ability PLUS Opportunity = Success
Many diverse attorneys not afforded same opportunities; there are hidden barriers
Colorado Campaign for Inclusive Excellence
Composition of Lawyers in Colorado (Race/Ethnicity)
Minority attorneys comprise only 6.9% of all lawyers and judges in Colorado according to 2000 Census figures; 8.4% in 34 Denver law firms.
Colorado Campaign for Inclusive Excellence
Profession – Ranked by % of Diversity
Percent of Total – African
Americans
Percent of Total – Asian
Percent of Total – Hispanic or
Latino
Total Percent of Diversity
Computer Scientists 9.7 13.7 5.3 28.7Physicians/Surgeons 6.2 16.6 5.8 28.0Civil Engineers 3.2 11.2 9.2 23.6Aerospace Engineers 6.1 11.1 5.0 22.2Financial Managers 7.9 5.7 8.6 22.2Professors 5.2 11.9 4.0 21.1Dentists 3.3 12.0 5.2 20.5Architects 3.3 6.1 8.2 17.6Chief Executive Officers
3.9 4.0 4.8 12.7
Attorneys 4.6 2.9 3.8 11.3
Lawyers Rank at the Bottom of the List of All Professions for Percentage of Racial and Ethnic Minorities (2008 US Bureau of Labor)
How Does the Legal Profession Measure Up?
Representation Among Denver Attorneys
34 Denver area law firms reporting data to NALP in 2009:
Total Attorneys 1910
Total Female Attorneys 663 (34%)
Total Minority Attorneys 142 (7.43%)
African AmericanHispanicNative AmericanAsianMulti-racial
29 (1.5%)54 (2.8%)12 (.6%)43 (2.25%) 4 (.2%)
Total Openly Gay Attorneys 20 (1%)
Total Diverse Attorneys 162/1910 (8.43%)
2008 National Law Firm Partnership Statistics
• 19.21% women (up from 12.27% in 1993)
• 6.05% racial/ethnic minorities (up from 2.25% in 1993)• Only 1.88% are women of color
• 1.27% GLBTColorado Campaign for Inclusive Excellence
Research Findings – 2006 ABA Study
Attorneys of color (female attorneys of color, in particular) are more likely to be
• excluded from informal and formal networking opportunities, and marginalized.
• not integrated into the firm’s internal networks.• not receiving desirable assignments (especially those that help them meet
required billable hours). • not having substantive contacts with clients.• reporting that many employees appeared to feel uncomfortable around
them. stuck in dead-end assignments.• receive differential assignments that cause difficulty in meeting billable
hour requirements. • receive “soft evaluations”• denied promotion opportunities.
Colorado Campaign for Inclusive Excellence
2007 Denver Diversity Survey -Strong Perception of Unfairness
30% of all attorneys, including 25% of white males, believe racially and ethnically diverse attorneys do not receive critical career-enhancing opportunities on an equal basis, such as• promotions, • networking opportunities, • training, • mentoring, • client contact, and • fee-generating assignments.
2007 Denver Diversity Survey -Strong Perception of Unfairness
Our Dialogue with
Associates on Diversity and Inclusiveness
By: Steve Smith
Law Firm Associate Attrition
2008 Law Firm Associate Attrition StatisticsNational Association for Law Placement
• 16% overall associate attrition in 2008.• 79% of associates leave their firm within 5 years.• More associate departures are unwanted (40%) by
their firms than wanted (33%).• The rate of attrition is higher for minority associates.
Colorado Campaign for Inclusive Excellence
Law Firm Associate Attrition
Based on 2008 statistics gathered by the National Association for Law Placement
Colorado Campaign for Inclusive Excellence
Associate Survey Results:Demographics
Survey Respondents
63 associates completed the survey 41 Diverse (racial/ethnic minorities, GLBT) 22 Non-diverse (white women) 45 Female 18 Male
Colorado Campaign for Inclusive Excellence
Associate Survey Results:Summary
Areas of Concern
• Retention of diverse attorneys • Diverse associates report that other diverse attorneys
are leaving because of:• Lack of mentors• Discrimination• Inadequate training• Unfair evaluations
Colorado Campaign for Inclusive Excellence
Associate Survey Results:Summary
Areas of Concern
• More than half disagree or don’t know if their firm’s diversity committee is active or effective
• Diverse associates were less likely than the white female attorney respondents to perceive that diverse attorneys in their firm are included in
committees engaged in running the firm agree that diverse attorneys were participating in the power
structure of their firm
Colorado Campaign for Inclusive Excellence
Associate Survey Results:Summary
Areas of Concern• Only half know the standards for advancement and
more than half don’t know what factors are considered in promotion decisions
• Half are having trouble meeting their billable hour requirement • mostly due to a lack of billable work --- this is
impacting the diverse associates at a disparate rate (42.5% vs. 27%)
Colorado Campaign for Inclusive Excellence
Associate Survey Results:Wish List - FLEXIBILITY
“Flexibility in how success is defined. I think success is more than the billable hour. To be a happy, fulfilled person I need more than this job. I would want more time with my family.”
“Flexible hours.”
“Flexibility regarding working hours because I have young children; as much respect as the male attorneys even though I have to leave to take my kids to doctors appointments, etc.”
“More flexibility in taking on different assignments in difference practice areas.”
“Lower or more flexible billable hours requirement, and an opportunity for meaningful part-time or flex-hours work.”
“Greater flexibility over my schedule.”
“I would want to work with supervisors that are flexible and clearly communicate their expectations.”
“A flexible, part-time option for women who wish to have a family and keep a meaningful, though less demanding, career in law.”
“More flexible work schedule.”
Colorado Campaign for Inclusive Excellence
Associate Survey Results: Associate Wish List
Clients/Business Development
Promotion/Advancement
Mentoring
Evaluations
Work Schedule
Firm Culture
Training
More transparency and greater insight into how the firm operates
Responsibility
Kinds and Amount of Work
Supervision
The CCIEInclusive Network –
A Framework For Action
By: Bruce James
CCIE Creating a National Model
Colorado Campaign for Inclusive Excellence
10 Pilot Organizations Participating in the Inclusiveness Network• Corporate Law Departments:
Qwest CommunicationsXcel Energy
• Law Firms:Brownstein Hyatt Farber & Schreck LLPDorsey & Whitney LLPHolland & Hart LLPHolme Roberts & Owen LLPKamlet Reichert LLPWhite and Steele LLP
• Government:Colorado Attorney General’s OfficeDenver City Attorney’s Office
Piloting CCIE’s Inclusiveness Program
OUR EXPERIENCE WITH THE CCIE’s INCLUSIVENESS NETWORK
• THE PILOT PROGRAM PROVIDED A STRONG FRAMEWORK WITHIN WHICH WE COULD HAVE A FOCUSED EFFORT TO IMPROVE INCLUSIVENESS IN OUR ORGANIZATION
• WE HAVE IMPLEMENTED THE FOLLOWING ACTIONS FOLLOWING OUR ADOPTION OF THE PILOT PROGAM:
FORMATION OF AN INCLUSIVENESS AND DIVERSITY COMMITTEE, WITH REPRESENTATION FROM ALL OFFICE LOCATIONS
TRAINING ON WORKPLACE INCLUSION AND CULTURE CHANGE LED BY NATIONALLY KNOWN CONSULTANT BILL PROUDMAN
DEVELOPED A MISSION STATEMENT FOR INCLUSIVENESS AND DIVERSITY
PREPARED AND SUBMITTED TO ALL FIRM ATTORNEYS A CONDFIDENTIAL CULTURE AND DIVERSITY SURVEY
EVALUATED SURVEY RESPONSES TO ESTABLISH OUR COMMITTEE GOALS FOR 2010
Colorado Campaign for Inclusive Excellence
Piloting CCIE’s Inclusiveness Program
NEXT STEPS: IDENTIFY 2-3 ACTION ORIENTATED GOALS EACH YEAR TO
ACCOMPLISH AND COMMUNICATE OUR GOALS AND OUR SUCCESS OR FAILURE IN ACHIEVING THOSE GOALS FIRM WIDE
IDENTIFY A STRONGER CORE GROUP OF NON-DIVERSE ATTORNEYS TO JOIN THE COMMITTEE AND SUPPORT ITS EFFORTS ACROSS OUR FIRM
STUDY THE RESULTS OF CCIE’S ASSOCIATE SURVEY AND DEVELOP A PLAN IN PARTNERSHIP WITH OUR CLIENTS TO INCORPORATE GREATER FLEXIBILITY IN ASSOCIATE WORK SCHEDULES
ESTABLISH A STRONGER MENTOR PROGRAM FOR ALL ATTORNEYS AND UNDERSTAND HOW THE MENTOR PROGRAM CAN IMPROVE OUR CULTURE OF INCLUSIVENESS
Colorado Campaign for Inclusive Excellence
Colorado Campaign for Inclusive Excellence
Next Steps
An Overview of theRetention Initiative Meeting of GCs and MPs:
Tuesday, March 16, 2010at the
2010 Rocky Mountain Legal Diversity Summit
By: Steve Smith
Discussion Questions
• What are General Counsel willing to do to encourage law firms to focus on diversity?
• To what extent can General Counsel assist diverse attorneys in “making rain” (i.e. marketing advice and strategies, connections).
• What can General Counsel do with respect to flexibility around billing to make a difference?
Colorado Campaign for Inclusive Excellence
Discussion Questions
• What are some of the barriers to keeping diverse attorneys in your organization?
• What are the challenges you see to creating a more inclusive environment where diverse attorneys want to stay?
• What steps can you take to address those challenges?
• How can we be more proactive in moving from diversity to inclusiveness?
• What are some of the ways that GCs can partner with MPs to work on diversity and inclusiveness?
Colorado Campaign for Inclusive Excellence
Colorado Campaign for Inclusive Excellence
2010 Rocky Mountain Legal Diversity Summit
Tuesday, March 16, 2010 8:30 a.m. – 5:00 p.m.
University of Denver Sturm College of Law2255 E. Evans Ave.
Register at www.colegaldiversity.org
Colorado Campaign for Inclusive Excellence
ACC-Colorado – Upcoming Events
Corporate Law – Wednesday, February 17th - 11:45 a.m. – Cool River
Happy Hour – Thursday, March 25th – 4:00-6:30 p.m. – Cool River
International Arbitration – Wednesday, April 7th – 11:45 a.m. – Denver Athletic Club (downtown)
For more information, visit www.acc.com/coloradochapter
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