More Than A Statistic: The Human Side of DEI at Work
I have always been passionate about justice, but I grew up believing that the legal world was unattainable for people like me. I started life in a single parent family, with no connections in law. I’m neurodivergent and gender queer. In some ways, I wasn’t wrong. Law is an extremely competitive field. You need (at least) a degree, several years of qualifying work experience, a very supportive network, and a whole lot of grit just to get your foot in the door. Whilst the legal sector is, perhaps surprisingly, one of the more diverse professions in the UK, the diversity index reduces significantly when looking solely at solicitors and barristers with 85% identifying as white British and only 37% of female lawyers at equity partner level.
Yet the justice system affects us all. It is how we have collectively agreed that society should be governed, how we can assert our rights as citizens and remedy wrongs. The idea that the law should be a space only the elite can access is a troubling notion. The same is true for many sectors, from education to healthcare, banking to policing – diversity and inclusion is a sticking point for many professions and needs to be remedied at a structural level.
It is no secret that increased diversity leads to more productive and creative teams, and satisfied employees contribute to a greater retention rate and better decision making. But aside from the general legal requirement to prevent discrimination in workplaces, companies are often tempted by a checklist approach to diversity and inclusion, motivated by the bottom line. So, what can organisations do to ensure that DEI work goes deeper, and creates lasting and valuable change for its staff?
Over the past ten years working in professional environments - and four years in the legal profession - I have been gathering data and spotting patterns (as my neurodivergent brain often does) and come to appreciate some of the more tangible aspects of DEI.
Monitoring, evaluating and learning (MEL)
As a starting point, all organisations should collect anonymised data about their employees and applicants in order to monitor staff diversity. Whilst organisations are legally required to do this in terms of gender pay gap reporting, a more intersectional approach is encouraged to include reporting on disability, neurodiversity, ethnicity, social background, gender identity and sexuality. As humans many parts of our identities intersect. I am white, and recognise this privilege all too clearly in the legal world. On the flip side, my neurotype, social background, gender and sexuality are more marginalised, which affects how I hold myself in professional spaces. Gathering a wider range of data points on their staff allows organisations to understand the makeup of their organisation and evaluate where unconscious biases may have led to any gaps, set improvement targets and create an intentional hiring plan. Management could even have specific DEI goals linked to their performance targets.
Dignity at work
Whilst improving diversity should be a key focus for those responsible for recruitment, ensuring that staff are safe at work is vital to creating an inclusive environment. What is the working culture like at the firm? How can staff challenge bullying and harassment? Are managers trained to have difficult conversations with problematic staff? As a starting point, employers could invest in active bystander and unconscious bias training for everyone and allow staff to ask genuine questions in a safe learning environment. I have had many refreshing conversations at work about supporting transgender siblings and gay children after sharing some reading resources as part of LGBT+ History Month. We do not work in isolation from our private lives and conversations like these fill my heart with hope. I feel a little safer, and my shoulders relax a little more.
Transparency and feedback surveys
Transparency isn’t always encouraged in competitive business spaces, but it is important that staff can provide feedback or suggest new initiatives without retaliation. Having a centralised suggestions box (virtual or physical) or feedback survey is a good start, but staff will want to be able to see how their recommendations are being followed up and implemented.
Organisations could hold monthly drop-in clinics to open a two-way dialogue between HR (or those with people management functions) and the rest of the organisation. I have found this a particularly helpful way to understand the decision-making behind larger organisations, which can often be slow and bureaucratic.
Employee resource groups
Equally, organisations can set up working groups to allow employees with lived experience to discuss and contribute to firm policies from different perspectives. For example, those with disabilities may have something to say about an employer’s reasonable adjustments process, or how policies are worded. Those with parental responsibilities may wish to feed into the procedure for requesting parental leave. Transgender staff will want to read policies written using inclusive and gender-neutral language. Nevertheless, employee resource groups will need a network of support in place on a structural level to ensure that those with lived experience aren’t the only ones doing the work. As someone personally affected by certain issues at work, being instrumental to the solution can be empowering but also very draining.
Communication
Whilst an external communications strategy is great for advocating a diverse and inclusive working culture, there is sometimes a disconnect between the outward branding and internal practice at an organisation. Sometimes this is simply due to lack of awareness or insufficient resources. However, it can lead to staff feeling dissatisfied at work. Why not display pride flags all year round? Champion anti-racism resources as part of regular team meetings, not just during Black History Month? Set up a permanent prayer room onsite? Regularly evaluate the work-life balance? After all, we do not cease to exist in our multifaceted identities at any given moment. We are diverse humans all year round.
Reverse mentoring
Those more junior in their career will often be seeking mentors to gain a greater insight into the industry. However, future generations have a lot to teach those who have been working for years, particularly in terms of inclusivity. How about setting up a reverse-mentoring scheme at work to encourage cross-generational conversations? I have seen this work particularly well in the judicial sphere where the demographic of judges and very senior legal practitioners is significantly less diverse than junior solicitors and paralegals and the hierarchical approach to law can sometimes be a barrier to upwards change. Reverse mentoring can be a helpful tool to start changing the narrative.
Seeking external support
Opening discussions about diversity and inclusion can be difficult, and employers can often feel out of their depth when it comes to navigating more sensitive issues or conflicting interests. Seeking advice from an independent consultant can assist greatly with getting an outsider view on the organisation.
Implementing inclusive policies and designing robust recruitment strategies for a more diverse workplace should be motivated by the desire to empower every individual in the organisation. After all, we are more than a statistic. It is coincidental that this will likely improve a firm’s revenue and its retention rate. However, checkbox DEI initiatives simply won’t work long-term.
I have seen the legal sector change since stepping foot inside this elusive place four years ago, with conversations about race, gender, disability and social mobility becoming much more commonplace. I hope that this trend will continue to grow and that more people from diverse backgrounds will enter the legal world, amongst other underrepresented professional sectors. It can only benefit society as we know it.
Hanna opted to donate their fee for this article to the Race Equality Foundation, a charity dedicated to tackling racial inequality in public services. To find out more about their work, please visit their website.