Maturing Diversity Initiatives

What we will cover…

Legal Framework for Diversity

Business Case for Diversity

Diversity Trends and the Business Impact

Nixon Peabody’s Diversity Challenge

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Legal Framework for Diversity

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Affirmative Action Plans

Race-conscious action or decision may be permitted if done pursuant to a valid affirmative action plan

Long-standing “manifest imbalance” between racial groups

Action or decision does not trammel the rights of others (non-beneficiaries)

Program as a reasonable termination point

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2003 U.S. Supreme Court Case: Grutter v. Bollinger

Grutter upheld the University of Michigan Law School admission process

Race as a “plus” to be considered together with other factors in the admission process.

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Grutter v. Bollinger

65 of America’s largest businesses filed a joint amicus brief supporting the law school’s “race-plus policy.”

According to these businesses:

“The existence of racial and ethnic diversity in institutions of higher education is vital to [our] efforts to hire and maintain a diverse workforce . . . [and] such a workforce is important to [our] continued success in the global marketplace.”

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Grutter v. Bollinger

Signatories included: Xerox, General Electric, Eastman Kodak, Lockheed Martin, John Hancock Financial Services, Microsoft, Mitsubishi Motors, Pfizer, The Boeing Company, Coca-Cola, PepsiCo…

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Business Case for Diversity

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Diversity Defined in the U.S.

Race

Gender

Religion

Sexual Orientation

Gender Expression/ Identity

Age

Disability

Color

National Origin

Ethnicity

Multiculturalism

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Why Should We Care About Diversity?

The gay market segment is the fastest growing segment in the U.S.

By 2010 nearly 50% of the total U.S. workforce will be comprised of women and people of color.

By 2042, nearly a half of the total U.S. population will be people of color.

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Why Should We Care About Diversity?

Women-owned businesses are almost one-third of all businesses in the United States.

The number of people employed with severe disabilities has quadrupled in the past twenty years.

Less than one-third of U.S employers offer benefits for same-sex or opposite-sex domestic partners.

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Diversity Trends and the Business Impact

Minority and Women General Counsel at Fortune 500 Companies in the U.S.

Impact on Business

1999 Diversity in the Workplace Statement of Principle• Endorsed by general counsel of 250 U.S.

businesses

• “significant weight will be given to a firm’s commitment and progress in the area of diversity in the selection of outside counsel”

Impact on Business

2004 Call to Action• Endorsed by more than 100 general

counsel of major corporations

• Advances diversity using the economics of outside counsel selection decisions

• “intend to end or limit our relationships with firms whose performance consistently evidences a lack of meaningful interest in being diverse…”

Signatories to Diversity Pledges

Clients Asking About Our Diversity Effort

Boston Housing Authority

Clients Asking About Our Diversity Efforts

Consolidation of outside counsel

Request for proposals

Diversity surveys

Electronic billing

Client relationships

Financial incentives

Nixon Peabody’sDiversity Challenge

Diversity Challenge

Focus on diversity:

• Management Committee

• Departments

• Practice Groups

• Individual attorney

Major Initiatives:

• Recruiting

• Training

• Retention

• Promotion

• Business development

• Community involvement

Diversity Challenge

Management Involvement• Report progress to management

• Monitor progress toward goals

• Lead by example

Diversity Challenge

Department Involvement• Assign mentors

• Recruit diverse attorneys

• Succession planning

Diversity Challenge

Practice Group Involvement• Track assignments

• Mentor, train and coach

• Provide opportunities

– Client exposure / pitches

– Financial support for development activities

– Assignment of appropriate projects

Diversity Challenge

Individual Involvement• 40 hour annual challenge

– Attend a diversity event

– Mentor a diverse attorney

– Train a diverse attorney

– Participate in a firm-sponsored diversity initiative

“They always say time changes things, but you actually have to change them yourself.”

– Andy Warhol

Thank You