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Diversity, inclusion shouldn’t fall on HR, says lawyer

Diversity and inclusion policies require oversight from leadership to be truly embedded in the workplace, according to a lawyer and advocate.

user iconMalavika Santhebennur 04 November 2022 Big Law
Diversity, inclusion shouldn’t fall on HR, says lawyer
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Media Diversity Australia chief executive Mariam Veiszadeh spoke to Lawyers Weekly ahead of the upcoming inaugural Women in Law Forum 2022 about intersectionality and the double, triple, or multiple-glazed glass ceilings that women from minority groups have to contend with in the workplace.

“There’s ample research that indicates what is sometimes described as a double or triple whammy, where women of culturally diverse backgrounds in particular and those with additional diversity dimensions and multiple identities face greater disadvantage,” she said.

“Sometimes, this could be conscious bias or unconscious bias, and these women could face it during the recruitment process or prior to that. Unconscious bias is a real thing, and those in leadership positions need to acknowledge how it can operate in society more broadly.

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“It can mean that sometimes they are hiring in their own image, and decisions are not always made based entirely on meritocracy.”

Intersectionality refers to the ways in which different facets of a person’s identity could expose them to multiple and overlapping forms of discrimination and marginalisation.

These could include social characteristics such as gender and gender identity, ethnicity, Aboriginality, socioeconomic status, disability, and others.

Ms Veiszadeh will address these issues during her session at the Women in Law Forum in November and outline how to implement effective, sustainable diversity and inclusion and hiring policies to level the playing field for minorities.

Lack of diversity in leadership

Ms Veiszadeh highlighted that the lack of cultural diversity has been a persistent issue across industries and professions, particularly in leadership positions.

“There is diversity at the entry level, but those individuals do not make it up the leadership pipeline. The question is why,” she mused.

For example, the Board Diversity Index 2022 released by the Governance Institute of Australia and Watermark Search International is a detailed investigation of the ASX300, examining five types of diversity: gender, cultural background, skills/experience, age, and tenure and independence.

It found that while more women are assuming director positions (667 in 2022 compared to 633 in 2021), just 19 per cent of female directors hold 48 per cent of female-occupied seats, reversing gains made in 2021 when 29 per cent of female directors held about 51 per cent of female-occupied board seats.

Additionally, cultural diversity had remained stagnant, with 90 per cent of directors being from Anglo-Celtic backgrounds, similar to 2021 levels.

Boosting diversity starts at the top

Changing the tide requires organisations to apply an intersectional lens to their diversity, equity, and inclusion strategy and consult widely with staff, Ms Veiszadeh proposed.

“A good strategy recognises that people aren’t just one thing,” she said.

“In the case of women, there are usually multiple layers to their identity, which add additional barriers, challenges, and nuances.”

Having a long-term vision and allocating staff, resources, and funding are also essential, as is executive oversight, Ms Veiszadeh added.

“Diversity, equity, and inclusion shouldn’t be the realm of HR or employee resource groups, or people with lived experience who might be junior,” Ms Veiszadeh said.

“Executives should oversee it. If it doesn’t have that top-down approach, it’s not going to have the relevant buy-in or be embedded within an organisation.”

Targeted recruiting to engage wider talent group

Recruiting a diverse group of CEOs, executives, and board members would require organisations to cast their net widely, Ms Veiszadeh said.

This could be done by approaching recruiters that target certain communities, such as First Nations groups, or sending job advertisements to those who can tap into certain communities to engage a diverse group of candidates.

“It’s about changing mindsets and recognising that there are additional inherent barriers in place, resulting in an unequal playing field,” she said.

“It’s not good enough to say you tried and no one applied or that those are the only people in the system. You have to recognise that maybe where you’re advertising, your jobs [aren’t] reaching everybody and [are] not accessible.

“You have to really question what your organisation is doing to foster talent from various backgrounds.”

Why strong allyship from executives is critical

Ms Veiszadeh concluded that executives must become a “genuine and supportive ally” of their employees by utilising their position and privilege.

This would require those without the lived experience of having intersectional identities to understand their own identity and acknowledge the privilege that it affords them.

“A lack of self-awareness would mean a lack of support top-down from the executive level, not because people are ill-intentioned but because sometimes it comes down to ‘you don’t know what you don’t know’,” Ms Veiszadeh said.

“There are systems and structures in place that need to shift at a social level, so it requires executives to display humility and a greater impetus to become aware of the things that they don’t know.

“Leaders could listen to those with lived experience, accept their truth, and recognise that while it may not be their lived experience, it is the experience of many others, it is valid, and it needs to be given the position and prominence that it deserves.”

To hear more from Mariam Veiszadeh about the impact of intersectionality in the workplace and how you can smash the double-glazed glass ceilings, come along to the Women in Law Forum 2022.

It will be held on 24 November at Grand Hyatt Melbourne.

Click here to book your tickets and make sure you don’t miss out!

For more information, including agenda and speakers, click here.

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