Progress for the advancement of many in our profession and beyond has historically been glacial, particularly for people of color, those with disabilities we can see and those that we cannot, and openly LGBTQ+ people. Events of the past year, including the U.S. Supreme Court decision on affirmative action and the censorship of DEI initiatives in a growing number of states, are likely to slow and potentially reverse the advances we as a profession have made and will also impact the broader business community. The increased vilifying of LGBTQ+ individuals, the ridicule of those who are differently abled, the significant rise in anti-Semitism, violence against Asians, and other acts of virulent exclusion will more likely go unchecked if we as lawyers do not exemplify, study, and champion diversity, as well as the elimination of bias and inclusion. As trained advocates, if we do not advocate for protecting the value of a diverse and inclusive culture, the brutal lessons from history will haunt us. Conflicting laws and regulations that vary significantly between the states create a challenging roadmap filled with obstacles for employers. Here are just a few best practices for law firms and companies to navigate what is now a balancing act when it comes to DEI in the workplace.

Still the Least Diverse Profession

"The law is the least diverse profession in the United States." This a headline from The Washington Post from 2015 and it still rings true today almost a decade later. Many groups of diverse individuals have encountered longstanding bias and obstacles. This means that even at the pinnacles of our profession, lawyers with excellent credentials struggle for a fair shake and a place at the table. The most recent statistics, as shown in NALP's annual diversity report, as to minority lawyers and women advancing are sluggish at best. Lawyers in traditionally marginalized groups still face harassment and bias at higher rates. Diversity efforts across the country in different areas (higher education and business for example), while better than before civil rights legislation, still have room for improvement. But the enacting of recent legislation calls into question how colleges, universities, employers, employees, etc. can push DEI efforts.