Maturing Diversity Initiatives

1
Maturing Diversity Initiatives
2
What we will cover

• Legal Framework for Diversity
• Business Case for Diversity
• Diversity Trends and the Business Impact
• Nixon Peabodys Diversity Challenge

3
Legal Framework for Diversity
4
Affirmative Action Plans

• Race-conscious action or decision may be
  permitted if done pursuant to a valid affirmative
  action plan
• Long-standing manifest imbalance between racial
  groups
• Action or decision does not trammel the rights of
  others (non-beneficiaries)
• Program as a reasonable termination point

5
2003 U.S. Supreme Court Case Grutter v.
Bollinger

• Grutter upheld the University of Michigan Law
  School admission process
• Race as a plus to be considered together with
  other factors in the admission process.

6
Grutter v. Bollinger

• 65 of Americas largest businesses filed a joint
  amicus brief supporting the law schools
  race-plus policy.
• According to these businesses
• The existence of racial and ethnic diversity in
  institutions of higher education is vital to
  our efforts to hire and maintain a diverse
  workforce . . . and such a workforce is
  important to our continued success in the
  global marketplace.

7
Grutter v. Bollinger

• Signatories included Xerox, General Electric,
  Eastman Kodak, Lockheed Martin, John Hancock
  Financial Services, Microsoft, Mitsubishi Motors,
  Pfizer, The Boeing Company, Coca-Cola, PepsiCo

8
Business Case for Diversity
9
Diversity Defined in the U.S.

• Race
• Gender
• Religion
• Sexual Orientation
• Gender Expression/ Identity

• Age
• Disability
• Color
• National Origin
• Ethnicity
• Multiculturalism

10
Why Should We Care About Diversity?

• The gay market segment is the fastest growing
  segment in the U.S.
• By 2010 nearly 50 of the total U.S. workforce
  will be comprised of women and people of color.
• By 2042, nearly a half of the total U.S.
  population will be people of color.

11
Why Should We Care About Diversity?

• Women-owned businesses are almost one-third of
  all businesses in the United States.
• The number of people employed with severe
  disabilities has quadrupled in the past twenty
  years.
• Less than one-third of U.S employers offer
  benefits for same-sex or opposite-sex domestic
  partners.

12
Diversity Trends and the Business Impact
13
Minority and Women General Counsel at Fortune 500
Companies in the U.S.
14
Impact on Business

• 1999 Diversity in the Workplace Statement of
  Principle
• Endorsed by general counsel of 250 U.S.
  businesses
• significant weight will be given to a firms
  commitment and progress in the area of diversity
  in the selection of outside counsel

15
Impact on Business

• 2004 Call to Action
• Endorsed by more than 100 general counsel of
  major corporations
• Advances diversity using the economics of outside
  counsel selection decisions
• intend to end or limit our relationships with
  firms whose performance consistently evidences a
  lack of meaningful interest in being diverse

16
Signatories to Diversity Pledges
17
Clients Asking About Our Diversity Effort
Boston Housing Authority
18
Clients Asking About Our Diversity Efforts

• Consolidation of outside counsel
• Request for proposals
• Diversity surveys
• Electronic billing
• Client relationships
• Financial incentives

19

• Nixon Peabodys
• Diversity Challenge

20
Diversity Challenge

• Focus on diversity
• Management Committee
• Departments
• Practice Groups
• Individual attorney

• Major Initiatives
• Recruiting
• Training
• Retention
• Promotion
• Business development
• Community involvement

21
Diversity Challenge

• Management Involvement
• Report progress to management
• Monitor progress toward goals
• Lead by example

22
Diversity Challenge

• Department Involvement
• Assign mentors
• Recruit diverse attorneys
• Succession planning

23
Diversity Challenge

• Practice Group Involvement
• Track assignments
• Mentor, train and coach
• Provide opportunities
• Client exposure / pitches
• Financial support for development activities
• Assignment of appropriate projects

24
Diversity Challenge

• Individual Involvement
• 40 hour annual challenge
• Attend a diversity event
• Mentor a diverse attorney
• Train a diverse attorney
• Participate in a firm-sponsored diversity
  initiative

25

• They always say time changes things, but you
  actually have to change them yourself.
• Andy Warhol

26
Thank You
27
(No Transcript)