Lawyers weighed in on their employers' inclusion strategies in new a Minority Corporate Counsel Association report that found, in some cases, legal departments are falling behind firms.

The report analyzed 2018 survey data from more than 600 legal industry professionals, with more than half working in-house and 38% at law firms, looking at lawyers' perceived levels of inclusion, fairness and respect at work.

Here's the good news for legal departments: in-house counsel were more likely to report feeling their workplace was fair, meaning hiring and promotion practices are seemingly merit-based. According to the MCCA's report, that's the “factor that has the single greatest impact on belonging for attorneys,” which is tied to higher retention and engagement rates. 

But fairness scores reported by attorneys of color and LGBT lawyers at companies and firms are still lower than their white and heterosexual peers. Women on average gave their workplace a slightly lower fairness score than men.

Firms scored higher than in-house teams on two other key inclusion factors. Legal department employees reported lower average “voice and influence” ratings than firm counterparts. That indicates in-house counsel may not feel their input is factored into leaders' decisions, or that there's a lack of reporting structures.

“Open up formal opportunities not only for anonymous (e.g., via survey) feedback, but brown bag lunches, etc. where dialogue around diversity and inclusion IS the agenda,” said one respondent, an LGBT woman working for in-house counsel, in a statement included in the MCCA report.

Lawyers of color and LGBT attorneys were less likely than white or heterosexual respondents to feel they had influence at work, or that their voices were being heard. Women reported a higher average “voice and influence” score than men.

Legal department members also reported slightly lower “workplace respect” ratings than their peers at firms. But both groups gave employers relatively high average scores, nearly 4 out of 5.

These ratings were based on whether employees felt their colleagues treated them with respect regardless of their background. Again, people of color and LGBT lawyers—from firms and in-house teams—reported lower average scores than white or straight peers. One in-house respondent offered a suggestion to improve workplace climate and feelings of respect.

“Leadership could actively participate more in D&I events,” said the respondent. “They do a good job of encouraging these efforts, but they don't all participate or actually engage with the department in these events.”

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