Promote Diversity and Inclusivity to Increase Organizational Success and Well-Being

The research is clear: Diverse organizations perform better —not only are they more profitable, but they are in a better position to recruit talent, and their diverse teams make better decisions than homogeneous groups.

While diversity alone is a laudable goal, organizations and the individuals within them fare better when they also pursue inclusion equity. Consequently, organizations should define them separately:

Diversity —The presence of difference within a given setting. Often diversity will refer to the social identities of people within an organization.
Inclusion —The process by which people with different identities feel valued and welcomed in a given setting. Inclusion is a set of behaviors that embrace diversity and leverage them to make the organization more successful. An organization can be diverse without being inclusive.
Equity — A process to ensure people have access to the same opportunities, while recognizing that not everyone starts from the same place and that eliminating barriers may be necessary to ensure opportunity.

The United States Supreme Court has recognized the value of diversity in many contexts, and, in one case commented, “Effective participation by members of all racial and ethnic groups in the civic life of our Nation is essential of the dream of one Nation, indivisible, is to be realized.” The benefits of diversity, however, are not limited to race and ethnicity, and apply with equal force to other social identities, including gender and gender identity, sexual orientation, age, ability status, religion and creed. And effective participation in the civil life of our Nation should include the opportunity to receive a legal education and practice the profession of law.

Despite the importance of diversity in promoting a just society, law remains one of the least diverse professions, both in terms of racial and ethnic diversity and gender diversity. Equally concerning is the fact that approximately 70% of diverse associate attorneys and approximately 85% of diverse lateral attorneys leave their firms within five years of being hired.

Equity and inclusion impact the well-being of employees within organizations. In one study, over 80% of employees who experienced, or even witnessed, bias in the workplace reported that it had a negative effect upon their happiness, confidence, and well-being. Unfortunately, in many organizations, employees often feel that they must “hide” or “assimilate” one or more aspects of their identities, even though research demonstrates that their performance suffers when they do so. Ultimately, a sense of belonging within an organization reduces employees’ stress levels and improves their physical health and emotional well-being.

To achieve the benefits of inclusion and promote well-being, organizations must do more than simply treat diversity as a question of demographics. Organizations that value diversity only as measured by the demographic profile of designated groups will fare less well than organizations that broadly value inclusion and belonging. Consequently, organizations should focus upon dimensions of organizational culture that promote employee belonging and retention, including:

Common purpose — Individuals experience a connection to the mission, vision, and values of the organization.

Trust — Individuals have confidence that the policies, practices, and procedures of the organization will allow them to bring their best and full self to work.

Appreciation of individual attributes — Individuals perceive that they are valued and can successfully navigate the organizational structure in their expressed group identity.

Sense of belonging — Individuals experience their social group identity as being connected with and accepted in the organization.

Access to opportunity — Individuals perceive that they are able to find and utilize support for their professional development and advancement.

Equitable reward and recognition: Individuals perceive the organization as having equitable compensation practices and nonfinancial incentives.

Cultural competence: Individuals believe the institution has the capacity to make creative use of its diverse workforce in a way that meets business goals and enhances performance.

Respect: Individuals experience a culture of civility and positive regard for diverse perspectives.

Recommendations

1. Provide your employees with access to diversity, inclusion, and equity training, resources, and events.

Challenge Level: Easy

Specify frequency and depth of training (not just one-time but ongoing)
Make training mandatory, not optional, for all levels including leadership
Include training on microaggressions, allyship, and bystander intervention
Provide training on intersectionality (multiple overlapping identities)
Address that training alone is insufficient without accountability and policy changes
Ensure training is evidence-based and includes action-oriented components

2. Directly offer or support lawyers in attending business development symposia or other educational opportunities specifically designed for women and traditionally underrepresented lawyers.

Challenge Level: Easy

Address the systemic barriers that prevent diverse attorneys from accessing clients and relationships
Include senior attorney/partner sponsorship for business development
Provide funding/resources, not just permission to attend
Create internal opportunities for diverse attorneys to develop client relationships
Address implicit bias in client allocation and origination credit

3. Incentivize participation in diversity, inclusion, and equity education and initiatives by incorporating engagement into the organization’s compensation structure.

Challenge Level: Easy

4. Create an effective and sustainable internal mentoring and sponsorship program for women and lawyers from underrepresented communities.

Challenge Level: Moderate

Define the difference between mentoring (advice) and sponsorship (advocacy for advancement)
Emphasize that diverse attorneys need sponsors who will advocate for them in decision-making spaces
Address cross-demographic mentoring/sponsorship and potential challenges
Include accountability for sponsors (are their mentees advancing?)
Ensure mentoring doesn’t become an additional burden for underrepresented attorneys (they’re often asked to mentor many others)

Utilize the resources of the Colorado Attorney Mentoring Program to assist in developing these programs or improving current internal mentoring and sponsorship programs. Visit www.coloradoattorneyexcellence.org for more information on the CAMP program.

5. Create inclusive workspaces and organizational policies to support neurodivergent employees.

Challenge Level: Challenging

Engage Employees in Designing Their Work Structures – Offer open conversations and assessments to understand individual preferences and challenges. Allow neurodivergent employees to co-design their schedules, such as adjusting work hours, remote work options, or breaks to align with their peak focus times. Tailored schedules improve
productivity, job satisfaction, and retention.

Example:
A neurodivergent employee may work best in quiet environments during the early mornings; create a plan that supports remote work or flexible hours.
Implement Outcome-Based Work Models – Shift focus from rigid schedules to results-driven performance metrics. This approach values deliverables over hours worked, reduces stress, allows employees to work at their best, and increases overall effectiveness.

Example:
A legal professional can meet deadlines and attend key meetings but may prefer to work asynchronously on document drafting.
Provide Sensory-Sensitive Work Environments – Offer options such as noise-canceling headphones, quiet rooms, or adjustable lighting for neurodivergent employees working onsite. For
remote employees, provide stipends for ergonomic or sensory-friendly home-office setups. A comfortable environment enhances focus and well-being.
Train Managers on Neurodivergent Inclusivity – Conduct workshops for leaders to understand neurodivergent needs and how to support flexible work models effectively. This Increases empathy, reduces stigma, and ensures consistency in policy application.

Example:
Educate managers about common accommodations, like extended deadlines during overstimulation periods.
Regularly Review and Adjust Policies – Schedule periodic check-ins to ensure flexible work arrangements remain effective and address evolving needs. This keeps the system adaptive and
foster trust between employees and management.

Extend to other disabilities and chronic health conditions
Address stigma and disclosure concerns (employees may fear negative consequences)
Provide clear accommodation request processes
Include autism, ADHD, dyslexia, and other specific neurodivergent conditions in training
Address that accommodations benefit everyone, not just those with diagnosed conditions

6. Develop a robust and substantive equity, diversity, & inclusion initiative within the organization.

Challenge Level: Challenging

Consider creating a position dedicated to improving and sustaining diversity, inclusion, equity, and belonging within the organization.
Develop a diversity & inclusion action plan.
Include diversity, inclusion, and equity goals in the organization’s business or strategic plan.
Create ongoing programming and educational opportunities for lawyers regarding implicit bias.
Evaluate institutional barriers to the success of women and underrepresented lawyers and create a plan to remedy those barriers.
Survey employees on organizational culture, lawyer autonomy, morale, and belonging.
Clarify that DEI work requires dedicated resources and budget, not just volunteer effort
Address that DEI roles should be adequately compensated and empowered
Include accountability metrics and consequences for not meeting goals
Emphasize the importance of data collection and transparency
Connect DEI goals to compensation and advancement decisions

7. Address Systemic Barriers to Advancement and Create Equitable Pathways to Leadership

Challenge Level: Challenging

Audit work assignment systems to ensure equitable access to high-quality, challenging work and client development opportunities
Combat bias in performance evaluations, feedback, compensation, and promotion decisions through structured processes and evaluator training
Provide targeted sponsorship (not just mentorship) where senior leaders actively advocate for diverse attorneys’ advancement
Address the leadership pipeline by identifying high-potential diverse attorneys early and providing leadership development
Eliminate tokenism by ensuring diverse attorneys receive origination credit fairly and aren’t burdened with unpaid diversity work
Monitor and address patterns where diverse attorneys are concentrated in certain practice areas or excluded from profitable work
Create transparent advancement criteria and ensure diverse attorneys have equal access to partnership or leadership tracks

8. Foster Belonging and Psychological Safety While Supporting Identity-Specific Needs

Challenge Level: Challenging

Create and fund Employee Resource Groups (ERGs) or affinity groups with executive sponsorship and ensure participation counts toward professional development
Combat microaggressions through clear reporting processes, bystander training, and accountability for perpetrators
Address intersectionality by recognizing that attorneys hold multiple identities with unique experiences and barriers
Provide culturally competent mental health resources that address identity-based stressors including racial trauma, gender-based harassment, and discrimination
Support specific populations through inclusive policies: LGBTQ+ benefits and healthcare, disability accommodations and accessibility, religious and cultural observances, and support for first-generation attorneys
Create inclusive social and networking opportunities that don’t center on alcohol, accommodate various needs, and avoid perpetuating exclusion
Reduce code-switching and assimilation pressure by valuing diverse perspectives and allowing attorneys to bring their full, authentic selves to work

9. Embed DEI Throughout Organizational Systems and Hiring to Client Relations

Challenge Level: Challenging

Address bias in hiring through structured interviews, diverse panels, holistic credential evaluation, and monitoring of hiring patterns
Ensure work-life integration policies account for diverse needs including caregiving responsibilities, religious observances, and the unique pressures faced by underrepresented attorneys
Create inclusive client development by dismantling “old boys networks,” educating clients on the value of diverse teams, and resisting client requests that exclude diverse attorneys
Partner with law schools, specialty bar associations, and pipeline programs to support diverse attorneys from education through career advancement
Design inclusive firm events and spaces that accommodate disabilities, dietary restrictions, caregiving obligations, and various comfort levels
Provide ongoing, mandatory training for all levels on implicit bias, microaggressions, allyship, intersectionality, and specific identity competencies (LGBTQ+, disability, neurodiversity, religious/cultural)
Integrate DEI considerations into all organizational policies and practices rather than treating it as a separate initiative

Real World Examples from Pledge Participants:

Hired a DEI Specialist that is providing DEI learning sessions to the attorneys on an ongoing basis. We have 2 lunch and learns directly relating to diversity and inclusion this year. Additionally, this role brings diversity-certified courses to the forefront of the attorney on an ongoing basis. We have updated our employee handbook through the EDI lenses as well.
Maintained a Diversity, Equity, and Inclusion Committee, chaired by our paralegal, and with participation by Members, Associates, and support staff. We discussed the interplay between well-being and diversity, equity, and inclusiveness at various times.
Had a firm book group discussion on the book, “Caste: the Origins of Our Discontents” by Isabel Wilkerson to discuss the major impact that DEI issues can have on individuals and the broader community, and the significance of diversity, equity, and belonging considerations on the topic of well-being.
Encouraged all employees to put a diversity, equity, and inclusion biography on our firm’s website to highlight each individual’s unique identity and to encourage a sense of belonging.
Provides regular and innovative support for the well-being of all employees, including attorneys and professional staff from underrepresented communities. As individual’s needs are not uniform, and the firm seeks to provide an array of resources – from mentoring through our affinity groups to webinars and other resources – empowering our employees with information about resources most appropriate for them at any given time.
Below is a non-exhaustive but representative list of various DEIB related programs and resources we offer to support the well-being of our employees:
- Affinity Groups: the firm has multiple self-formed voluntary affinity groups. These groups serve as invaluable mentorship, support, and friendship networks for many of our attorneys and professional staff and include groups supporting all who identify as caregivers, Black, Indigenous, and other People of Color (BIPOC), LGBTQ+, women and non-binary colleagues, veterans, and first-generation attorneys and professionals who are in the first generation of their family members to graduate from college or law school.
- APCares Community: a firmwide affinity group designed to support caregivers by providing relevant programs and content, collegial support communities, and firm resources.
- D&I Office Hours: a recurring program where the Chief Diversity & Inclusion Officer and D&I Committee Chair discuss DEIB topics relevant to the firm Community.
- Programming: Our firm hosts periodic programing on well-being topics for underrepresented communities. The firm recently hosted the 2023 Diversity & Inclusion (“D&I”) retreat offered presentations on workplace mental health, focusing on individual support, developing team adaptations that could be individually tailored, and an interactive session on impostor syndrome.
- Newsletters & Other Communications: the firm has an internal D&I newsletter, which highlights relevant well-being topics, tips, and reminders.
- Importantly, associates are provided with diversity and inclusion engagement and community service hours, along with the well-being credit hours noted elsewhere to ensure they prioritize participating in the firm’s programs in these areas.
The DEI committee focuses on providing educational programs and activities that celebrate diversity and inclusion to foster a well-rounded firm atmosphere. The DEI committee hosted a presentation by Judge Chris Cross on his book “Beat the Drum for Justice” in November 2024 to the entire firm.