Page 18 - Delaware Lawyer - Winter 2019

FEATURE
Better Understanding Implicit Biases
Part of building awareness is better understanding our own personal behav- ior. By now, most of us are familiar with explicit gender discrimination and out- right sexism. And we reflect — often with horror — on the way women have been treated even today. The #MeToo move- ment certainly crystallized and propelled the conversation and clarified that while we may have achieved progress, we have a long way to go toward understanding the depth and breadth of the forces that impede women’s advancement.
But we now understand that many of the modern abysmal outcomes for wom- en, minorities and other “out groups” in our profession have little to do with overt Mad Men-esque behaviors. Most of us like to believe we treat everyone equally. But we each hold implicit biases that af- fect how we behave.
Only by better understanding our in- dividual and organizational implicit bi- ases can we address them and challenge ourselves to be mindful of them — not only when making major decisions like hiring and promotion, but also day-to- day business decisions about who attends meetings, who sits first chair, who leads a conference call, and who serves on “of- fice housework” committees like holiday planning. To begin learning more about implicit bias, try taking the Project Im- plicit Gender Bias quiz at https://im- plicit.harvard.edu/implicit/user/agg/ blindspot/indexgc.htm.
Enlisting All Allies and Making this a ‘Professional Problem,’ Not just a ‘Woman’s Issue’
When I was practicing, I always found it strange that the best way we had con- ceived to solve gender inequity problems was to form committees, working groups, networking events and other opportuni- ties only for women. The upshot was a group of women without much institu- tional power gathered in a room to try to respond to the challenges women experi- ence in the profession. But when a group without power convenes to discuss its lack of power without enlisting those with power, the efforts can be doomed to fail.
16 DELAWARE LAWYER WINTER 2019
When it comes to our collective failure to advance diversity, equity and inclusion, we each
bear responsibility.
If 80 percent of a firm’s partners are men, how can the women hope to gain ground without their help?
Increasingly, industry commentators have focused on the critical role men can play in these efforts. One such commenta- tor is Melanie Breaux, who recently noted in The Legal Intelligencer (www.law.com/ thelegalintelligencer/2018/10/25/why- law-firms-must-include-men-in-the-push- for-increased-gender-equality) that men must be active participants in the conver- sation to really effectuate change.
The good news is that many newer lawyers of all genders are interested in advancing the conversation. What the profession needs now is leadership from senior attorneys to provide the structure and time to cultivate that communal approach to solving these seemingly in- tractable challenges. Creating “engage- ment committees” rather than “women’s committees” and inviting all members to share impediments to professional growth sends the message — especially to junior lawyers — that an organization is focused on the individual development of each attorney and not only on providing a space for one group to discuss issues that impact everyone.
Actively and Honestly Assessing Your Organization and its Relationship with Women
Leaders often believe others create problems, others sustain antiquated cul- tures and others impede advancement. It
is always easier to discuss a problem when we believe someone else causes it. In most cases, though, particularly when it comes to our collective failure to advance diver- sity, equity and inclusion, we each bear responsibility.
Whether you are a solo practitioner, oversee an entire office or firm, work in a public interest organization, work in the courts or work in a related environment, reflection on your contributions toward advancement is an important early step. And rather than focusing on more macro- level concepts like office culture or com- munity values, begin with the concrete evidence of outcomes:
• How many women hold leadership positions?
• How many women are prime con- tacts for major clients?
• How many of the professional ser- vices vendors your firm uses are owned by women?
• What is your policy around advanc- ing attorneys to leadership positions? Have you adopted a policy that requires that a significant percentage of candi- dates considered for open positions and leadership positions be women?
• Does your organization support flexible work arrangements?
• Does your organization have gen- der-neutral parental leave policies?
• What is the gender makeup of the team members who most often handle what Wharton Professor Adam Grant refers to as “office housework” (plan- ning parties, coordinating gifts, send- ing out calendar invites for business meetings and making reservations for business development meals)?
Each organization is different and will benefit from considering different aspects of its operation and leadership. Spending some time reflecting on the ways gender inequity can manifest in your organiza- tion and developing some metrics to track change will help you follow through and assess progress over time.
Sponsorship vs. Mentorship
We began this discussion focused on the changing expectations of junior at- torneys. So, as we continue to assess the strengths and weaknesses of our organi- zations, how do we begin to cultivate a