Breaking the Illusion: Strategies to Overcome Tokenism and Achieve Real DEI Results

Wednesday, June 28, 2023  

Posted by: Paulette Brown

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Tokenism Obstructs Your DEI Progress. Here’s How to Avoid It

by Paulette Brown, Executive Advisor of ALFDP

If your law firm was failing to reach its financial goals, management probably would not address that by hosting events about finance or writing more social media posts about the importance of financial goals. More likely, firm leadership would swiftly implement a plan to change that, continually revisiting and adjusting that plan based on the firm’s progress.

The law firms and companies that have experienced the most success in their diversity, equity and inclusion (DEI) efforts have applied that same approach.

Without baking DEI into your firm’s structure and processes, you could fall prey to tokenism, which happens when efforts are made merely to keep up appearances and avoid criticism, creating the illusion of equality in the workplace without actually achieving it. Such DEI efforts will be hollow – symbolic but ultimately ineffective.

Below are some suggestions on how to avoid tokenism at your law firm.

Prioritize Substance Over Appearance

As with any business issue, DEI will only improve if you implement an effective strategy to improve it. Achieving your goals therefore means worrying less about the appearance of your DEI work and more about its actual substance and effectiveness. Instead of leaning on attorneys or staff to serve as the face or voice a specific group, for instance, remember that DEI initiatives should be everyone’s responsibility and in everyone’s interest.

Likewise, when taking group photographs or creating promotional material, do not single out employees to create the impression of greater diversity if they did not play a key role in the team or case being highlighted. There is nothing wrong with wanting to demonstrate what you are doing to improve diversity at your firm and what you have achieved so far, but once you make DEI part of your firm’s overall strategy, you will find that it will become more diverse organically.

Develop a Strategy for Creating Opportunities

When developing your DEI strategy, consider what structural and policy changes your firm could make to ensure all attorneys and staff have realistic opportunities for professional development and promotion. When doing so, look for patterns such as unconscious biases that might be holding the firm back from being a more diverse, equitable and inclusive workplace.

Then consider how those biases can be interrupted. Are new mothers less likely to advance in the company, for example, or are applicants who attended specific universities more likely to receive callbacks even when other candidates are equally qualified?

Rather than becoming preoccupied with simply hiring more diverse candidates, the DEI strategy you develop should be what attracts a diverse group of candidates to your firm and keeps them there. As you are making these changes, be transparent with your employees about the context behind them and embrace feedback.

Measure Impact

Numbers are your friend. Allow them to guide you and reveal what’s missing from your firm’s DEI strategy, but don’t allow them to drive your entire approach. Tallying up how many people from a specific group work at your firm so you can tick a box won’t create meaningful change or result in anyone feeling valued or included. Instead, look at each employee as the whole person they are.

We are all so much more than our race, gender, religion or socioeconomic status, after all. Delve deeper into your diversity metrics to help you design new systems and structures that work better for everyone. If 15% of your attorneys are Black women, how many are leading projects, and how much weight do their voices carry in major decisions? Consider the impact every employee has on the firm and how you can be more inclusive.

Make Accommodations

While the firm’s benefits, workstyle and policies might work well for you, that doesn’t mean everyone has what they need to thrive. A diverse group of employees will come from a diverse range of cultures, backgrounds and generations (think holiday patterns, lifestyles, family structures and health concerns). They will therefore have a diverse range of needs and barriers to overcome in order to succeed at work. Consider what your firm can do to accommodate everyone.

Lead by Example

It’s not sufficient to appoint a DEI chief, create a committee and then leave them to it. For DEI initiatives to be successful, they must be incorporated into all aspects of the business. Management should therefore be at the forefront, attending meetings and getting involved. Leading by example not only demonstrates that the firm cares about DEI but also encourages others to make it their responsibility too, which increases the likelihood of success. 

Keep At It!

By ensuring everyone is supported and has what they need to succeed, you are not only doing right by the people in your firm and making a real difference in the legal community; you are also helping your clients and boosting your bottom line. A team with more diverse perspectives is a team that’s better at problem solving, innovation and working together. By following these steps to avoid tokenism, you can ensure your firm’s diversity score is built to last – not just to look good on paper.