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DEI ‘should sit at the heart of client, risk and business growth strategies’

Diversity, equity, and inclusion (DEI) jobs were going strong just a few years ago, with many law firms hiring chief DEI officers. However, in the current workforce, a variety of factors are turning people off these jobs.

user iconLauren Croft & Jack Campbell 20 September 2023 Big Law
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A few years ago, there was a boom in DEI leadership roles, with a LinkedIn article describing them as “the job of the moment”.

In fact, between 2015 and 2020, head of diversity roles grew by a staggering 107 per cent. Meanwhile, director of diversity roles grew by 75 per cent, and chief diversity officer by 68 per cent.

Australia excelled in this space, with 1.04 DEI employees per 10,000 employees recorded. This was second only to the UK, which recorded 1.93.

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Baker McKenzie was one of many law firms to implement DEI initiatives, and inclusion, diversity and equity senior manager Matthew Jones said that having specific DEI roles has resulted in a number of benefits.

“Having a chief DEI officer at the global level, sitting as part of our operations team, helps our firm to focus and execute on our DEI strategy and hence build an inclusive culture. In addition, we have a team of in-house experts to ensure we are appropriately executing on our goals, across all regions. We know that there isn’t a one-size-fits-all solution to DEI,” he explained.

“In this way, Baker McKenzie is seen both internally and by our clients and the broader community in which we operate as taking DEI seriously, and being thought leaders in the professional services sector. It also means that we are able to attract talented people who have a similar commitment.”

However, since 2020, when DEI roles increased by 71 per cent worldwide, there has been a sharp drop in these positions.

Struggles with retention

People who took on the role of the head of DEI seem to be dropping off like flies. According to Tech Diversity Foundation executive director Luli Adeyemo, the progress made between 2015 and 2020 has fallen short in the last few years.

“[The LinkedIn report highlights] a good indicator in regards to the business commitment and the value they see in this particular position. But the caveat to that is the length of time that people stay in these roles. And the research there says they’re only staying in roles between 18 months to two years,” she said.

“And the reason for that being, the business is not truly supporting the roles. They know they’ve got to do something in the diversity, equity, and inclusion space beyond having a policy, so what they do [is] they hire someone and make it their responsibility. But they don’t then support that person.”

This lack of support and immense responsibility is driving people away, making way for a work environment that lets DEI policies take a step back.

“They see it as the beginning and the end. That’s our budget, we’ve hired somebody. That misunderstanding around what’s truly needed, that person ends up getting frustrated, they’re constantly battling that, banging their head against a brick wall, and they leave,” Ms Adeyemo added.

Diversity Council Australia chief executive Lisa Annese agreed.

“Organisations tend to underestimate how much work is involved in DEI, and so they don’t resource it properly. It becomes set-and-forget or gets grouped in with HR, but in reality, it takes a companywide approach. D&I isn’t an add-on; it requires transformational cultural change,” she explained.

“When this doesn’t happen, it’s extremely hard to make progress, and as a result, DEI professionals are facing things like diversity fatigue and burnout because the change they’ve been hired to create just isn’t happening. That lack of progress can be really demoralising, especially for people from marginalised groups.”

Mr Jones echoed a similar sentiment and said that DEI needs to be embedded across the entire organisation.

“It can be difficult, as the role can be challenging, multifaceted and is quite specialised. Saying that, people who are in DEI are committed to it and find it very fulfilling. It’s important that organisations have clear vision, ample resources and strong support from the leadership team to make the role work, particularly at the present time when things can be confusing and unsettled,” he added.

“DEI roles really need to be embedded across all functions, not just left up to one or two people; it won’t be effective if the DEI roles are siloed and not a part of the organisational strategy. Fortunately, Baker McKenzie has DEI as part of our global strategy, along with buy-in from all levels of management, which is fundamental to how we are able to make it work.”

Organisational responsibility

There’s no denying that it’s up to leaders to enact change. While it also needs to be upheld by employees, the higher-ups must begin integrating these themes into workplace culture, Ms Adeyemo said.

“It’s an organisation’s responsibility around the culture that’s created to make sure that people feel that they’re represented, people feel like they’ve got a voice, people feel like they’re safe, people feel like they belong, and they’re included,” she said.

“The whole business needs to take responsibility for the role that they play in that, and then not be one individual’s responsibility.”

This applies to both volunteer activities to drive DEI initiatives and salaried roles, added Mr Jones.

“Both require the articulation of a clear DEI vision and leaders in the business who can role model the right behaviours and have a visible and demonstrable DEI commitment. Having a salaried role shows the organisation is serious, and role modelling will encourage volunteers to support the DEI program,” he added.

“Crucially, everyone in the firm must understand and recognise that they have a part to play in making sure that DEI is embedded in the firm’s culture, and that it is not just the responsibility of the DEI manager.”

Future impacts

If these problems persist, organisations may struggle to attract and retain skilled workers.

“We know that the next generation of employees are seeking out companies that perform well in terms of DEI. Companies that perform poorly in this space will struggle to attract and retain talent, as well as [put] themselves at risk of discrimination, harassment and bullying complaints,” Ms Annese explained.

“DEI needs to be more than just a set-and-forget policy that sits on the shelf and is never reviewed because this space is constantly evolving, and workplaces will need to put in the work and the proper resourcing if they want to see tangible change. As the research clearly shows, the alternative is less innovation, poor talent attraction and retention, falling behind your competition, and even potential legal risks.”

Mr Jones emphasised that firms and other organisations need to “continue to normalise discussions about DEI” in addition to driving initiatives from the top down.

“DEI should not be seen as a side issue or optional – it should sit at the heart of client, risk and business growth strategies. Communicating the DEI strategy and sharing information when goals are achieved is also crucial,” he said.

“In particular, partners must be accountable for the DEI strategy and role model what’s desired by the organisation, if everyone is to be a part of it.”

And while DEI is a “strategic priority” with a shared responsibility across a business, Ms Adeyemo said “we’re not there yet”.

“The whole business should understand the role that a diverse workforce plays in achieving their goals and getting their outcomes. We’re not there because they just think it’s an HR thing.”

Ms Annese shared the same views.

“Employers need to recognise that diversity and inclusion are actually really good for business, so it’s in their best interest to take it seriously and resource it properly.

“[DCA] data shows that workers in inclusive teams are 10 times more likely to be innovative, four times more likely to work extra hard, 11 times more likely to be highly effective, and four times less likely to leave their job,” she said.

“Organisations with a strong focus on inclusion build really productive, high-impact teams, but for some reason, many employers don’t join the dots on that. If you treat people with dignity and respect, have a zero-tolerance approach to bullying and harassment, create some agility and flexibility and have a supportive management environment, people flourish.”

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