1 Look Who’s Inside--- Understanding and Responding to Implicit Bias.
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Transcript of 1 Look Who’s Inside--- Understanding and Responding to Implicit Bias.
1
Look Who’s Inside--- Understanding and Responding
to Implicit Bias
2
The Attitude Adjustment:“It’s not fitness, It’s life”
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If it were easy, everyone would look like this
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The Playing Field
Conscious BiasUnconscious Bias
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Unconscious/Implicit Bias Defined
Includes both implicit attitudes and implicit stereotypes
98% of brain works without express cognition
Unconscious processes which influence the way in which we perceive and make determinations about people
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Implicit Association Test
www.implicit.harvard.edu
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Unconscious/Implicit Bias Examples
Symphony OrchestrasThe Rooney RuleLegal Writing SamplesResumes for Job Openings
8
The Playing Field
Changing Population DemographicsLegal Profession Demographic Trends
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Minority Representation
2013 Lawyers
among lawyers
14.4%
Minority
Non-minority
Source: Bureau of Labor Statistics 2013 (IILP)
Minority representation has risen slightly over the past 4 years from 11.6% in 2009 to 14.4% in 2013
10Source: Bureau of Labor Statistics 2013 (IILP)
Decrease in African American Lawyers; Increase for Others
4.3% 5.3% 4.4% 4.2%
3.4%3.2% 4.0% 5.1%
3.4%4.2% 4.3%
5.1%
0%
2%
4%
6%
8%
10%
12%
14%
16%
2010 2011 2012 2013
Asian American
Hispanic
African American
Per
cen
tag
e o
f A
LL
Law
yers
11Source: Bureau of Labor Statistics 2013 (IILP)
33.1%31.1%31.9%31.5%
0%
10%
20%
30%
40%
50%
60%
70%
2010 2011 2012 2013
Female
Male
Female Representationamong lawyers
Female representation rose slightly after stagnating for years
12Source: NALP 2015
Law Firm Diversity in 2014
21.0%
7.3% 2.4%0%
50%
100%
Female Minority MinorityFemale
Partners
44.9%
21.6%11.5%
0%
50%
100%
Female Minority MinorityFemale
Associates
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Representation of Lawyers with Disabilities in Law Firms
The representation of lawyers with disabilities in law firms is miniscule – less than 0.5%
Partners Associates
2004 0.16% 0.10%
2014 0.30% 0.28%
Source: NALP 2014
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Representation of LGBT Lawyers in Law Firms
The percentage of openly LGBT lawyers in law firms is very low – less than 2% of Partners and less than 3% of Associates
Partners Associates
2004 0.79% 1.33%
2014 1.65% 2.83%
Source: NALP 2014
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41.0%39.0%37.0%31.5%
0%
20%
40%
60%
80%
100%
2001 2004 2006 2011Source: Association of Corporate Counsel, Census of U.S. In-House Counsel
Corporate Counsel
0%
20%
40%
60%
80%
100%
2001 2004 2006 2011
Other
Native American
Asian American
Hispanic
AfricanAmericans
Women Minority
12.5%10.0% 11.0%
15.0%
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26.9%25.8%21.9%21.4%20.6%
0%
10%
20%
30%
40%
50%
2000-2001 2004-2005 2008-2009 2012-2013 2013-2014Source: ABA Section of Legal Education & Admissions to the Board 2013
Law School Enrollment
Minority enrollment increased from 20.6% in 2000-2001 to 26.9% in 2013-2014
Minority
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Trends in Profession Lack of critical mass for lawyers of color and other
diverse lawyers leads to feelings of isolation Stereotyping of incompetence continues but is
rebuttable Stereotyping of lack of commitment continues but is
rebuttable Challenge for women of color is exponentially greater Legal profession continues to be one of the least
diverse in the United States
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Rule 1:
Be Intentional about your Hiring Process, Board Outreach and
Goals
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How Do You Accomplish This?
Cast a broad net in your outreach—don’t just go to the usual places
Consider eliminating information from the hiring process that has no impact on the job/position
Be specific and explicit when you use search firms and insist on diverse slates
Use diverse interview teams Track diversity at each step of the hiring process Bottom Line: Your organization, its committees and its
board should be diverse
Rule # 1
2020
Rule 2:
Be Intentional about Mentoring Relationships
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Be Intentional about Mentoring Relationships in your Organization and its Board
Building relationships across lines of difference:Builds multicultural competenciesBreaks down stereotypesBroadens your cultural lens and experienceChanges attitudesReduces unconscious biasBottom Line: you will be increasing diversity within the profession
Rule #2
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Rule 3:
Accountability and Goals are Important
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First year Law Firm Associate class should mirror law school graduation pool
Work to eliminate racial/gender disparity in attrition
Encourage Law Firm members to match or beat NALP’s numbers for firm size nationally/by city
Promotion Rate – eliminate disparity Create diversity goals for the profession in
your community
Rule #3
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Rule 4: Work to Eliminate Micro-Inequities
The little things do matter:ImagesLanguageTalking over womenPoliciesLeadershipCreate an inclusive workplace culture through training/education
Rule # 4
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Rule 5: Succession Planning should be Intentionally Diverse
Broaden your scope when thinking about who succeeds you and future leaders—including committee leadership
Intentionally promote diverse relationships to build sponsorship relationships
Keep inclusion in mind Co-chairs are a great way to increase diversity and
plan for succession Be willing to lead by example—show firm members
how to be intentional about diversity and inclusion
Rule # 5
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Disrupting unconscious bias is a life long journey---not a
destination.
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