1:00 DIVERSITY: FINDING COMMON GROUND

MCLE ACCREDIATION 3.50 CLE HOURS / 3.50 ETHICS REGULAR / LIVE NE MCLE #179565 IA MCLE #332702

NEBRASKA LEGAL DIVERSITY SUMMIT

The Legal Diversity Summit will cover how to improve rela onships with those who are diff erent, become an ally, manage microaggressions from peers and clients, andcul vate an inclusive atmosphere, now and in the future.

This interac ve program seeks to help par cipants explore the depth of culture in a way that focuses more on our similari es than our diff erences. The dynamic and reveal-ing program explores:

Oluseyi {“Seyi”} O. Olowolafe, Esq. Jackson Lewis P.C.

CULTIVATING INCLUSIVE CULTURES: EMBRACING THE ROLE OF AN ALLY

This program will discuss law fi rms’ inclusion eff orts with a special focus on what individuals can do within their or-ganiza ons, regardless of size, to help cul vate inclusive cultures.

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Yvonne Sosa, Esq. Douglas County Public Defender’s Office

Joni Watke Stacy, Esq. Sena, Polk & Stacy, L.L.P.

Hang Tat, Esq. Tat Law Office

Chinedu Igbokwe, Esq. Banwo & Igbokwe Law Office, LLC

John Leonard Harris, M.Ed. Encouragement Consulting Service

2:45

RESPONDING TO MICROAGGRESSIONS AND INAPPROPRIATE COMMENTS

This panel will have a frank conversa on about instances of microaggressions and inappropriate comments and behaviors from employers, co-workers, and clients in various se ngs, including in the courtroom. The panel will discuss best prac ces for responding and dealing with feelings of resentment/anger/depression following these types of experiences to promote self-care/well-being.

3:45

Ed Marquette, Esq. Kutak Rock LLP

THE FUTURE OF DIVERSITY EFFORTS IN THE LEGAL INDUSTRY

This session demonstrates the challenges of diversity and inclusiveness programming and ini a ves in a world increasingly infl uenced by the Millennials’ unique view of diversity. The session explores, through demographic sta s cs, original research, and literature review, the role Millennials will play in shi ing diversity programming away from the tradi onal Civil Rights-based model that now characterizes diversity and inclusiveness eff orts with law fi rms and in their clients’ human resources departments. This session concludes with a discussion of how diversity and inclusiveness programs, both within law fi rms them-selves and for their clients, will need to change to become eff ec ve and with specifi c ideas on how to achieve mean-ingful diversity structurally and otherwise.

2:00

Kim McKelvey Director of Strategic Focus; Inclusiveness and Diversity at Kutak Rock LLP

CREIGHTON UNIVERSITY THE HARPER CENTER BALLROOM 602 NORTH 20TH STREET OMAHA

THAN

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OUR

SPO

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FRIDAY SEPTEMBER 6, 201912:00 PM 4:45 PM

2019

THE NSBA DIVERSITY SECTION PRESENTS THE

12:00 DIVERSITY SECTION LUNCHEON {must register to attend}

SUMMIT SPONSORKUTAK ROCK LLP

PROGRAM SPONSORSCREIGHTON UNIVERSITY SCHOOL OF LAWMcGRATH NORTHUNIVERSITY OF NEBRASKA COLLEGE OF LAW

understanding and overcoming the impact of our infl uences defi ning diversity and culturegaining a perspec ve of valuecrea ng a personal plan of ac on the formula for greater sensi vity

3:00

LAW STUDENT SPONSORSBAIRD HOLM LLPCLINE WILLIAMS WRIGHT JOHNSON & OLDFATHERMERCERTHE SCOULAR COMPANY

PRELAW STUDENT SPONSORSFRASER STRYKER PC LLPLEGAL AID OF NEBRASKA

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DIVERSITY: FINDING COMMON GROUND

John Leonard Harris, M.Ed.

Encouragement Consulting Service

2019 NEBRASKA LEGAL DIVERISTY SUMMIT SEPTEMBER 6, 2019 CREIGHTON LAW SCHOOL, OMAHA

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John Leonard Harris, M.Ed.

Encouragement Consulting Services

Profiled For Nebraska

State Bar Association

Friday, September 6, 2019

SIX KEYS OF A PROGRESSIVE ORGANIZATION

• _______________________________ – Match behavior with values

• _______________________________ – We do not rest on our laurels

• _______________________________ – Take responsibility for the whole

• _______________________________ – Pledge to be “unified in purpose”

• _______________________________ – Believing in what you believe

• ______________________________ – Learning from your mistakes.

What does success look like when we keep our promises?

Expectations to

those on the inside

Expectations to those

on the outside

Aristotleonce said:

“We like those who resemble

us and are engaged in the same pursuits.”

What would a life lived by this philosophy possibly look like?

A willing and strategic “coming

together” of multiple parties

(even those in opposition) in an

effort to gain a result that is

both mutually satisfying and

beneficial for all involved.

WHAT DO WE MEAN BYWHAT DO WE MEAN BBBYBY

FINDING COMMON GROUND?

• ________________________________________________________

• _______________________________________________________

• _________________________________________________________

• ____________________________________________________________

____________________________________________________________

• ____________________________________________________________

What Questions What Questionnnns

Must We Ask?

______________________________________________What is the real issue?

____________What

______________________________at do I value?

_________________________________________________________What does the other party value?

____________________________________________What do we agree on?

________________________________________________________________________________________________________________________________________________________What is the end game __me ________________( ____________________________________________________________________________(__________________desired __________________________________________d result)?

____________________________________________________What are our differences?

WHAT ABOUT YOU?

___________________ (ME)+

________________ (THEM)+

___________________(US)

=GREATER ___________________

AND _________________

Examine PrejudicesUncover Stereotypes

Consider Values/BeliefsAssess Perspective of Value

Learn Cultural NormsAttend Cultural Events/Activities

Consider Languages/CommunicationLearn Values/Beliefs

GreetingMeetingSharingRelating

UNDERSTANDING____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

THE WAY WE PERCEIVE THE WORLD

_________________(Just the facts,

give me the details)

_________________(I’ll give the facts,

but I have to tell a story)

or

THE WAY WE ORDER THE WORLD

____________________(A place for everything and

everything in its place)

____________________(A place for everything)

or

• ______________________________________

• ______________________________________

• ______________________________________

• ______________________________________

• ______________________________________

• ______________________________________

What Does It Take to What Does It Takkkke to

Find Common Ground?

______________________________________The willingness to engage

______________________________________The openness to the process

______________________________________The desire to understand

______________________________________The opportunity to show respect

______________________________________The privilege to work together

______________________________________The ability to overcome differences

• __________________________________

• __________________________________

• __________________________________

• ___________________________________

Watch Your SPAM!

Based on what we have

learned here today . . .

• The one thing that I will START doing is . . .

• The one thing that I will STOP doing is . . .

• The one thing that I will CONTINUE doing is . . .

• The one thing that I will ENCOURAGE others to do is . . .

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

CULTIVATING INCLUSIVE CULTURES:EMBRACING THE ROLE OF AN ALLY

Oluseyi {“Seyi”} O. Olowolafe, Esq.,

Jackson Lewis P.C.

2019 NEBRASKA LEGAL DIVERISTY SUMMIT SEPTEMBER 6, 2019 CREIGHTON LAW SCHOOL, OMAHA

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©2019 Jackson Lewis P.C.

CULTIVATING INCLUSIVE CULTURES: EMBRACING THE ROLE OF AN ALLY

Oluseyi “Seyi” OlowolafeJackson Lewis P.C. | Omaha

Oluseyi.Olowolafe@jacksonlewis.com | (402) 391-1991

AGENDA

WHAT IS INCLUSIVENESS

• DIVERSITY VS. INCLUSION

THE WEEDS & PESTS (aka “CHALLENGES) OFCULTIVATING INCLUSIVE CULTURES

CULTIVATING AN INCLUSIVE CULTURE

EMBRACING THE ROLE OF AN ALLY

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WHAT DOES IT MEAN TO BE INCLUSIVE?

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EEO and Affirmative Action

Equal Employment Opportunity is required by law. Itmeans ensuring that all employment-related decisionsare made for legitimate, nondiscriminatory reasons,regardless of gender, race, religion, age, national originor any other protected characteristic.

Affirmative Action policies are “those in which aninstitution or organization actively engages in efforts toimprove opportunities for historically excluded groups inAmerican society.” – National Conference of StateLegislatures. The U.S. Government requires affirmativeaction efforts on the part of government contractors. BUTaffirmative action goals must be achieved withoutviolating equal employment opportunity laws.

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INCLUSION UNDER THE LAW

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Civil Rights Act of 1964 – prohibits discrimination based on race, color, national origin,sex, and religion

Age Discrimination in Employment Act – prohibits discrimination based on age

Americans with Disabilities Act – prohibits discrimination against qualified individuals onthe basis of mental or physical disability

Civil Rights Act of 1866 (“1981”) – prohibits race discrimination in the making andenforcing of contracts

Equal Pay Act of 1963 – requires employers to provide male and female workers withequal rates of pay for work that is equal

Family and Medical Leave Act – requires large employers to provide unpaid leave foreligible employees for pregnancy, child bearing and serious medical needs of theemployee, and the employee’s children, spouse, or parents.

Genetic Information and Non-Discrimination Act of 2008 – prohibits inquiries into andemployer reliance upon, medical information and physical conditions that might disclosegenetic information

Immigration Reform and Control Act of 1988 – prohibits national origin and citizenshipdiscrimination

Uniformed Services Employment and Reemployment Act of 1994 - prohibitsdiscrimination against persons because of their uniformed military service

INCLUSION UNDER THE MODEL RULES OF PROFESSIONAL RESPONSIBILITY

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Rule 2.1: Advisor – “In representing a client, a lawyershall exercise independent professional judgment andrender candid advise. In rendering advice, a lawyer mayrefer not only to law but to other considerations such asmoral, economic, and social and political factors,that may be relevant to the client’s situation.

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INCLUSIVENESS DEFINED

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INCLUSIVENESS:

• A sense of belonging for each employee

• The feeling that “I can be myself” at work

• Allowing individuals to bring their authentic selves to work

https://www.youtube.com/watch?v=B6uuIHpFkuo

DIVERSITY IN THE 21ST CENTURY

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DIVERSITY VS. INCLUSION

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Diversity• Who you are – The

“Demographics”• How many people with

different social identities in the workplace?

Inclusion• What you do – The

“Process”• Creating habits to

remove hidden barriers

• Interruptingimplicit bias

Organizations need both diversity and inclusion to besuccessful.” -- T. Hudson Jordan - Director, GlobalDiversity & Talent Strategies Pitney Bowes, Inc.

CHALLENGES TO CULTIVATING INCLUSION

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THE PEST & WEEDS OF INCLUSION

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Social Dilemmas:

• Individual Participation

- COVERING

• Managerial Participation

• Organizational Participation

INDIVIDUAL PARTICIPATION

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Social Identity –

• Individuals have a propensity to abstain contact with others theycategorize as different, whether those differences are functional(e.g. knowledge, skill, abilities) or not.

Covering – individuals with known stigmatized identitiesmake great efforts to keep the stigma from looming large

• Appearance

• Affiliation

• Advocacy

• Association

Based on a 2013 Survey, covering was shown to occur withgreater frequency within groups that have been historicallyunderrepresented

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APPERANCE-BASED COVERING

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Category Example

Race/Ethnicity “To overcome Asian stereotypes, I do my best to speak up, speak clearly, and carry myself in a confident manner.”

Gender “I weak clothes to appear more masculine, model male behavior to break down barriers to success, downplay my interest in feminine things.”

Disability “I don’t use my cane if I can avoid it.”

Socioeconomic Background “Growing up poor, I would make sure my clothes were name brand just so that I feel like I belonged.”

Covering that concerns how individuals alter their self-presentation –including grooming, attire, and mannerisms – to blend into themainstream

AFFILIATION-BASED COVERING

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Category ExampleRace/Ethnicity “I try to stay away from work that is stereotypical

of Asians (e.g. math)”

Gender “I do not mention family commitments in conversations with executive management, because they frown upon flexible work arrangements”

Age (Older) “ I worry that my age will block me from promotion since I am older than many people in my position so I am careful not to mention my age or anything that might date me.”

Age (Younger) “I do not like taking time off during the day for doctor’s appointments because I feel that being younger, I have not earned that that type of flexibility. “

Covering that concerns how individuals avoid behaviors widely associated withtheir identity, often to negate stereotypes about that identity.

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ADVOCACY-BASED COVERING

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Category Example

Race/Ethnicity “Even though I am of African descent, I would never correct people if they make jokes or comments about African stereotypes.”

Gender “I try not to make gender an issue at all. I never suggest it is an issue and do not bring up gender bias as a factor when considering applicants, even if it might be present.”

Citizenship “Having a green card and not being a full citizen, I do not like to speak about anything political. The risk of hearing ‘if you don’t like it here, just leave’ is always a fear.

Political Affiliation It is difficult during an election year to not offend anyone who may be a Republican or a Democrat. As such, I tend to downplay my own beliefs.”

Covering that concerns how much individuals “stick up for” their group.

ASSOCIATION-BASED COVERING

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Category Example

Race/Ethnicity “I don’t want people to define me as African, so I have been hesitant to participate in activities geared toward the African community.”

Sexual Orientation “I never bring a plus 1 to work events. I also try to avoid mentoring or sponsoring only people of color or LGBTQ.”

Disability (Mental Health) “While I privately associate and support others with depression, I avoid doing so publicly. I publicly say I believe in equality for all but never mention it is personal.”

Teetotalism “Alcoholism runs in my family and I gave it up years ago. However, the last time I went out with our group, I was ribbed loudly for not ordering an alcoholic beverage. Now, I always give an excuse not to join them so people have begun to think I am standoffish.”

Covering that concerns how individuals avoid contact with otherindividuals of their own group.

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MANAGERIAL PARTICIPATION

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Social Identity –

• Managers are likely to use salient social categories (e.g. race,gender, functional specialization) as indicators of value andpreference similarity.

• Managers are likely to prefer individuals with whom they share (andwith whom their subordinates share) category membership

- “Homosocial reproduction” – managers who hire their own kind

Attraction-Selection-Attrition – not only are managers likelyto select applicants similar to themselves and the currentworkforce, but applicants similar to the current workforce aremore likely to be attracted to the organization in the first place.Those who do not fit in become alienated and leave,, creatingover time a more homogeneous organization by attrition.

ORGANIZATIONAL PARTICIPATION

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The dilemma of Organizational participation is theculmination of both individual participation andmanagerial participation where managers andemployees see themselves shouldering the apparentand immediate costs, but not necessarily enjoying thebenefits.

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CULTIVATING AN INCLUSIVE CULTURE

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HOW TO CULTIVATE AN INCLUSIVE CULTURE

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MANAGING BIAS

BUILDING COMMUNITY

AWARENESS TO RESISTANCE

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HOW TO CULTIVATE AN INCLUSIVE CULTURE

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It is not possible to be human and not have predispositions toward different groups

Bias defined: a particular tendency, trend, inclination,feeling or opinion, especially one that is preconceived orunreasoned.

Types of Bias: Conscious and Unconscious

Attitude: association between a social group and apositive or negative evaluation

Stereotype: association between a social group and abehavior or trait – applies to all members of the group

MANAGING BIAS

HOW TO CULTIVATE AN INCLUSIVE CULTURE

Conscious

Firm belief you do not treat people differently based on their identities

Unconscious

Implicit bias and stereotypes that influence your behavior without you even knowing it

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Managing Bias

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HOW TO CULTIVATE AN INCLUSIVE CULTURE

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Managing Bias COGNITIVE BIASES: a systematic error in thinking that

affects the decisions and judgments that people make.

Cognitive biases are mental shortcuts or glitches that ancause your brain to make mistakes. They causedistortion in the way we perceive reality.

Your mind loves shortcuts. For example, if we didn’thave an unconscious mind imagine how difficult drivingwould be. You would not be able to drive and also talkand eat and think about your to-do list, etc.

There are many more cognitive biases than arediscussed in the following slides. The following slidesare examples of just a few of the cognitive biases.

If You Are Human, You Have Unconscious Biases

Cognitive Biases

Illusion of Objectivity

Availability Bias

Attribution Bias

Anchoring Bias

Confirmation Bias

Affinity Bias

Ableism

Sexism

Classism

Racism

Ageism

Sizeism

Heterosexism

Religious Imperialism

Rankism

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Social Biases

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HOW TO CULTIVATE AN INCLUSIVE CULTURE

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Managing Bias Illusion of Objectivity: an inability to acknowledge our own

biases

Availability Bias: top of mind –estimating what’s more likelybased on availability of memory

Attribution Bias: infer causes of events or behaviors

Anchoring Bias: the initial valuation influences the finalvaluation without even knowing it

Confirmation Bias: tendency to search for, interpret, favorand recall information in a way that confirms one’s preexistingbeliefs

Affinity Bias: favoring people who are like you and havesimilar

Illusion of Objectivity

A type of unconscious bias that keeps us from fullyacknowledging our biases

• Assuming we’re not biased makes us more biased*

• Color-blind, gender-blind, age-blind, etc.

Interrupt it > actively doubt your objectivity

*Uhlman, E.L. & Cohen, G.L. “I Think It, Therefore It’s True”: Effects of Self-Perceived Objectivity onHiring Discrimination,” 104 Organizational Behav. & Hum. Decision Processes 207, 210-11 (2007).

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Availability Bias

Top of mind - estimating what’s more likelybased on availability in memory

Ex: estimations of how often children areabducted. These events are quite rare – childrenare far more likely to die in accidents. But thevast majority of the population believes that theyare more common than they are, and behavesaccordingly.

Interrupt it > don’t default to what’s top ofmind

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Attribution Bias

People infer causes of events or behaviorsdepending on their group affiliations.

“Our” group is judged as individuals, and wetend to make excuses when individuals in our group make mistakes or behave badly.

People in the “other” group are judged moreharshly.

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Anchoring Bias

The initial valuation influences the final valuation withoutyou even knowing it.

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Confirmation Bias

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Confirmation bias: the tendency to search for, interpret, favor and recall information in a way that confirms one’s preexisting beliefs or hypotheses.

Example: I am scared offlying. So, I notice I only pay attention to the news articles showing problems with flying. And think to myself “see flying is dangerous.”

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Affinity Bias

Favoring people who are like you and have similarinterests and backgrounds

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BUILDING COMMUNITY

Inclusive cultures involve a shared sense of belonging.

Belonging can be felt toward the organization itself, the team,and shared affinity groups within the organization.

• Affinity groups increase awareness and understanding across adiverse people set

• They also offer ideas for enhancing inclusive behaviors

• They serve as a sounding board for marketing and communicationsteams

• They ease the transition of new individuals by creating a sense ofcommunity so newly on-boarded individuals do not feel lonely orisolated

Inclusive organizations are successful at creating a sense ofbelonging through community activities at work and off-site.

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AWARENESS

Cultivating an inclusive culture for diversity to growmeans change for your organization.

Change is always met with some resistance, i.e.:

• Names mistakenly left off a list

• Failing to introduce someone during meetings

• Failure to include some in work-related social engagements

• Invitations that implicitly exclude some (i.e., company holidayparty is not wheelchair accessible)

• Taking calls or texting while some are speaking, but not others.

• Greeting some but not others

• Interruptions, inside jokes, sighing, eye-rolling with some

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EMBRACING THE ROLE OF AN INCLUSIVE ALLY

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BEHAVIORAL CHANGES

Seek out diversity, different experiences

Oppose yourself on stereotypes

Find commonalities with others who appear different

Audit your decisions for bias, especially affinity bias

Improve empathy; put yourself in other people’s shoes

Keep an open mind and encourage others to do thesame

Learn about other cultures, genders and groups

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TAKE AWAYS

In order for diversity to thrive, effort must be put forth tocultivate an inclusive culture.

To exterminate the pests and weeds that will thwart aninclusive environment requires a buy-in from eachindividual in the organization

Cultivating an inclusive culture is an ongoing processthat requires managing biases, building communities,and staying aware of resistance.

Embracing the role of an inclusive ally means we eachneed to have a fundamental behavior change in ourmindset, attitude, and perception of how we interact withothers.

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Thank YouWith more than 900 attorneys practicing in major locations throughout the U.S. and Puerto Rico, Jackson Lewis provides the resources to address every aspect of the employer/employee relationship.

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THANK YOU

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