Law firms are looking closely at how to make their workplaces inclusive — and diverse. That means making it clear everyone is welcome — and disrespect is not.
Many firms today are focused on creating a positive work environment for all employees including gay, lesbian, bisexual and transgender (LGBT) lawyers. This is a major shift in both thinking and acting. Being inclusive is also becoming a very prevalent topic these days. "It’s certainly a hot topic at the moment," said James Quarmby, a partner with Thomas Eggar LLP in Gatwick, England.
One reason for the increasing, and perhaps unexpected, heating up of the issue, he added, is linked to the culture and practice of law. "The legal profession is horribly conservative. Until about six or seven years ago [this] wasn’t really talked about."
Creating a culture of inclusion is a process, and not a quick one. "The profession of law has evolved and our profession is encouraging diversity, mainly in the area of gender. But these things take time," said Gita Anand, a partner and chair of the diversity committee with Miller Thomson LLP in Toronto.
For many firms, the first step on the road to a diverse and LGBT-friendly workplace is development of a policy that spells out the firm’s commitment in black and white. It’s a win-win approach, said Quarmby. "Policies make you more comfortable if you’re gay, and if you’re homophobic, they indicate those views should be kept to yourself. It’s a dual benefit."
Policy preparation has also been simplified. The Law Society of British Columbia, for example, has developed a number of model policies for firms to adapt and adopt to help them create more inclusive workplaces and support LGBT employees. These include guidelines for recruiting, interviewing, and hiring; respectful language; workplace equality; and workplace harassment.
In 2004, The Law Society of Upper Canada introduced Sexual Orientation and Gender Identity: Creating an Inclusive Work Environment: A Model Policy for Law Firms and Other Organizations. "The policy is designed to help law firms provide inclusive environments where a person’s choice to keep confidential or disclose information about their sexual orientation or gender identity neither results in discrimination or harassment, nor detracts from their dignity and self-worth or value to the firm," said Susan Tonkin, the law society’s communications advisor.
In 2008, Miller Thomson developed a diversity policy applicable to the entire firm — and rolled it out across the country from the corner office down. "It’s important to have commitment from the top," said Anand. "We launched our policy in every office separately by having a lunch or breakfast. The chair spoke to every group."
"Policies have to be worth the paper they’re written on," she added. "One way to show you’re not just paying lip service is to have action."
At Blake, Cassels & Graydon LLP for example, promoting diversity is part of the fabric of the workplace. "We have a long history of LGBT lawyers at Blakes, including in positions of leadership," said Bradley Berg, a partner in the Toronto office. "Our LGBT associates and partners get together on a regular basis, often with spouses. We also support various diversity initiatives in the legal profession and for LGBT students."
Last year Miller Thomson sponsored the 2009 Pride Gala and Awards in Toronto, part of the largest Pride celebration in North America. The firm will do the same thing again this year, and plans are also in the works for a conference involving LGBT clients.
Such leadership is essential — for everyone. "It is important that law firms play a leadership role in this area; having diversity of lawyers is good for firms, good for the profession and good for the public," said Susanna Tam, equity and diversity coordinator with the B.C. law society.
Indeed, said Quarmby, "it’s not just about making it better for the firm but also about making it better for the profession."
At the firm level, making the workplace a welcome place for LGBT lawyers and staff is good business. "One of the reasons for firms adopting diversity policies is for business reasons," said Anand. "It’s at the core of generating new ideas and innovation, and it is reflective of the community we service. More and more clients are asking for this."
In fact, said Berg, "our clients increasingly expect Blakes to reflect the broader community of diversity, particularly those clients from the United States.
"More importantly," he noted, "we expect it of ourselves. Blakes has been recognized as one of Canada’s Best Diversity Employers, the only law firm to make the list, and we want that trend to continue."
There is a need to improve performance. A new survey from the Human Rights Campaign Foundation in Washington, D.C., found that 51 per cent of employees hide their LGBT identity from most people at work. This is the simplest indication that more work needs to be done to translate inclusive policies into an inclusive climate, the non-profit organization concluded.
Hiding one’s LGBT identity is even more pronounced among younger workers. Only five per cent of LGBT employees ages 18 to 24 say they are totally open at work, compared to more than 20 per cent in older age cohorts.
"Our own research shows that two-thirds of LGBT employees say one reason they are not open to everyone at work is because ‘it’s nobody’s business.’ But this feeling is strongly tied to experiences of negative climate," said Samir Luther, associate director of the Foundation’s Workplace Project.
"These employees were most likely to feel not accepted by co-workers," he added, "and tend to exhibit signs of distress from a negative climate such as staying home from work, feeling distracted from work, feeling exhausted from hiding, and avoiding certain clients or customers."
A starting point for assessing progress and tipping the scales in favour of inclusion is knowing the lay of a firm’s legal landscape. "We’re starting to recommend that all businesses — and law firms in particular, given their tendency to closely track other workforce demographics — should provide opportunities for LGBT employees to optionally self-identify in anonymous engagement surveys and in their HR [human resources] records," said Luther.
Firms, he added, "should also communicate why they’re asking these questions — to maximize employee recruitment and retention and to demonstrate the firm’s commitment to non-discrimination."
Quarmby believes LGBT lawyers — senior lawyers — also have a role to play. "If you are someone of influence who is a partner and gay, you need to come out. That is a great way of showing [a firm is] fully committed."
"Having an equity partner [who is out] sends a much greater message than any policy," he added. "But you can’t force this on people. It’s private."
Law firms can, however, take action today to make their workplaces more inclusive for their lawyers and those yet to be hired. Those steps are being taken, said Anand. "We are moving forward."
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