Law firms and employers are increasingly re-evaluating their diversity hiring programs, in the wake of the US Supreme Court’s affirmative action decision in higher education. It’s clear that there is a need for these programs to change, but finding the right approach presents a new challenge.
The rise of distinct tracks for hiring “diverse” candidates was initially understandable, meant to counteract past discrimination against women and minorities in law firm hiring. Yet, this approach came with its own issues. Instead of addressing the factors that excluded underrepresented groups from the typical hiring process, diversity programs became an add-on, often sending the message that diverse candidates can’t compete effectively in the regular hiring process. It also has the potential to generate animosity amongst non-diverse candidates, who might perceive an unfair advantage being granted to members of these underrepresented groups.
As we transition into a post-diverse world, it seems the best course of action may be to focus on inclusive excellence. Two presumptions form the basis of this approach. The first is that the ultimate goal of any hiring process should be to secure talent. However, excellence goes beyond simply hiring the individual with the best grades or the most awards. It also includes attributes such as maturity, empathy, judgment, and experience.
The second presumption underpinning inclusive excellence is that talent isn’t confined to any singular demographic group. Hence, a hiring process that results in homogeneous groups of employees is almost certainly not capturing the best talent.
There are two strategies that follow from an ethos of inclusive excellence. The first entails ensuring exposure to a diverse pool of prospective hires. This can be achieved by moving beyond traditional markers of merit and expanding the range of schools and channels from which firms recruit. Embracing junior lateral hiring is also a viable approach. Rather than focusing largely on credentials and potential, employing a strategy that values concrete performance yields better results.
However, this transition is not as simple as it may seem. Careful attention must be paid to providing equal opportunities for individuals from all backgrounds, not only in the hiring process, but also throughout professional development, from education to licensing procedures. Both law schools and law firms play a crucial role in fostering this inclusivity.
Finally, it’s important to remember that the goal of building a diverse workforce is to ensure that the most talented individuals are filling the available positions. As such, employers need to commit themselves to identifying and retaining that talent, wherever it may be.
Read the full article on Bloomberg Law. Written by A. Benjamin Spencer, dean of the William & Mary Law School.