Diversity in Mexico and beyond

Having an equitable and inclusive culture at the workplace is a challenge everywhere in the world. While there are universal discrimination practices, there are regions that face particular conditions that make inclusion even more complicated.

In this regard, irrespective of the relevant distinctions between the Latin American countries, we can identify certain challenges that seem to be present across the region, such as a widely embedded ‘machista’ culture, gender expectations that demand women to be devoted to their family and household chores, and a very conservative culture. The combination of these factors has created a culture that hinders women and minorities from accessing leadership roles.

In recent years we’ve seen a major interest by some companies in Latin America to adopt and foster diversity and inclusion (D&I) programmes that aim to attract diverse talent to their workforce. Global firms have been leading the efforts by adapting their international policies and best practices to Latin American countries.

However, the legal profession is perceived as falling behind on these initiatives, and this situation becomes more evident when we observe that there is a lack of diversity in the people occupying senior positions at law firms.

Finding the figures

One of the first challenges that we face when analysing D&I practices in Latin American law firms is the lack of information available. One of the few studies that we could access is an investigation by Marea Consulting, sponsored by Abogadas MX, which analysed the inclusion of women in leadership positions at Mexican law firms in 2018.

According to the study, 51% of female lawyers believed that their organisation had an inclusive culture that promote equal opportunities for women. It should be emphasised that while this perception is shared by three in every ten women in partnership roles, it is shared by only one in every five junior and medium-rank lawyers. Regardless of the factors that could cause this difference, it’s obvious that we need to work on promoting a more consistent and inclusive culture at work.

Turning to gender and sexuality, certain law-firms are becoming more proactive in promoting safe environments for LGBTQ colleagues as they adjust their internal policies and even became vocal on inclusion in the workplace. However, we still have a long journey to go to having more visible LGBTQ colleagues in leadership positions.

In our opinion, the most appropriate benchmark to measure the evolution of LGBTQ inclusion in the workplace is the Human Rights Campaign ( HRC) Corporate Equality Index, which rates companies attending to three key pillars: (i) non-discrimination policies across business entities; (ii) equitable benefits for LGBTQ workers and their families; and (iii) supporting an inclusive culture and corporate social responsibility. From the Latin American countries, an adjusted version of the HRC Corporate Equality Index has been implemented in Mexico and Chile.

It is worth noting that of the 126 companies that applied for the HRC Equidad MX Global Workplace Equality Program in 2019, less than 3% were legal firms. This is a good advance considering that in 2017, the year in which the index was released in Mexico, there were no law firms participating.

As actions say more than words, we will share our personal experiences at organisations which are undertaking important efforts to create a more inclusive environment for collaborators and affiliates to thrive.

Véronique Durand, counsel at Baker McKenzie and chair of the US–Mexico Bar Association’s D&I committee

Back in 2014, flexible work and the home office were not seen and accepted in Mexico.

Since my first pregnancy, the firm has been very understanding of the radical changes in my life. My second pregnancy however benchmarked my involvement in D&I issues. Just six months pregnant, I was rushed to hospital as I was on the verge of a very early delivery.

I was instructed to take strict bedrest until full term. After absorbing such heartbreaking news and trying to understand the implications of it, I called the office and told the partner, who at the time was head of Mexico's IP practice, that I wanted to continue working but could not move.

His response amazes me to this day: if I wanted to continue working the team would make it happen, as long as I took care of myself. As we moved my office to my home, the firm provided me with the opportunity to continue working notwithstanding my condition. They trusted me and allowed me to do the unimaginable at that time in a country like ours: work from home. I was able to continue with my career, which would otherwise have undoubtedly been brought to an abrupt stop, and for that, I am so grateful.

“I was able to continue with my career, which would otherwise have undoubtedly been brought to an abrupt stop.” Véronique Durand, Baker McKenzie

I came back to work stronger and convinced that our profession is trying very hard to grasp the benefits of having diverse and inclusive environments. I see and understand the lengths an organisation goes through to embrace that change, and the time and effort invested in drafting and putting into motion the right policies.

I applaud that nearly 3% of law firms, of which Baker McKenzie is one, have a 100 score at the HRC Equidad MX Global Workplace Equality Program.

There is a lot of work to be done, and every day more D&I champions, whether companies or individuals, need to be heard. D&I is not a trend, it’s a moral decision.

This is why when I was invited to be chair of the US–Mexico Bar Association’s D&I committee, I instantly accepted. The association is moving forward to be one of our industry’s most staunch D&I supporters as it encourages a dialogue exchange through a binational association for a better legal understanding between both countries.

It also promotes a more diverse community that is compounded by the richness of the religions, cultures, races, beliefs and traditions of both cultures. The US–Mexico Bar Association is looking to moving the agenda forward.

Abril Rodriguez, international tax partner at EY, leader of EY’s D&I LatAm North region and member of the US–Mexico Bar Association’s D&I committee

When I joined EY in 2013, given my previous experience, I was very conflicted on how I could handle my sexual orientation at work without affecting my career. However, in the firm I found a lot of support from the global D&I team, who encouraged me to launch the Mexican chapter of Unity, EY’s global LGBT & Allies (LGBTA) employee resource group.

After discussions with the Mexican leadership team, in 2017, EY became the first Big Four accounting firm in Mexico to have an LGBTA employee resource group (ERG), to march in the Pride Parade of Mexico City and to obtain a 100 score at the HRC Equidad MX Corporate Equality Index.

“Every company that has an LGBTA ERG is making a statement that they support LGBTQ inclusion.” Abril Rodriguez, EY

I truly appreciate the support I received from the local leadership team at the firm, which endorsed the different initiatives and later appointed me as the D&I Leader for LatAm North.

I believe that in order to make a real cultural change at the workplace, the leadership team must be truly engaged and should walk the talk, otherwise these initiatives are perceived as isolated efforts or just ‘pink-washing’.

Every company that has an LGBTA ERG is making a statement that they support LGBTQ inclusion and that they are committed to creating a safer environment for everyone. This ultimately has a great impact on the performance of colleagues, as they can devote their energy to work rather than covering up who they really are.

In addition, having an LGBTA ERG encourages LGBTQ employees to be open at work, allowing them to identify visible LGBTQ and ally role models and promote awareness through training and workshops.

If a law firm is considering endorsing LGBTQ inclusion, reviewing and adjusting non-discrimination policies and having a LGBTA ERG are good places to start. Even though coming out at work is a very personal decision and companies should respect that process, it is the company’s responsibility to work on creating safe environments in which all their colleagues can thrive.