LGBTQ History Month: ‘Discrimination still exists’
Research continues to show that LGBTQ lawyers and other diverse members of the legal profession still suffer discrimination in huge numbers.
This discrimination borders on extreme for various sections of the LGBTQ community, and leads to many talented people either not joining the profession or not progressing as they otherwise should.
The legal profession has come a long way in welcoming people from diverse communities, including the LGBTQ2 communities—I personally have never felt that my career has been hindered by my sexuality— but there is more to be done as long as discrimination still exists and as long as the profession does not reflect society as a whole.
The recent focus of many firms— and their clients—on diversity and inclusion (D&I) issues is truly welcome, and the profession, including the IP field, is taking great strides towards equality and genuine inclusiveness in many different areas. Regulators and clients are absolutely right to put a spotlight on this issue and seek data and information from firms on D&I. That should be echoed across the whole legal supply chain.
Meaningful changes
It is clear that, for any meaningful changes to a firm’s culture, there must be buy-in from the highest levels of management and a genuine commitment to actively supporting equality for all.
All minority professionals, as well as potential new recruits, can spot tokenism a mile off and will either not join or give their all to a firm that does not genuinely treat them as an equal.
Visibly diverse people at the top echelons of a firm help to inspire junior members, and can also serve as mentors. There are many other ways to support LGBTQ people: firms should enable open communication (internally and externally) regarding their support for their LGBTQ people, and ensure that commitments are clearly visible and that their language in communication generally does not exclude anyone.
Firms could also place job adverts in specialised media, while management should support the creation of an LGBTQ network, stay in close contact with the network and give it visibility and resources.
Firms (or their HR departments) should also communicate with diverse employees and ask them about the obstacles they face and how the firm can help them overcome those.
Finally, firms should offer training on LGBTQ issues, as many people outside of the community may not be aware of or have given much thought to issues that impact the day-to-day lives of LGBTQ employees.
Simple signals
Allies should also not be forgotten about, since they can provide a very valuable support network, including in the workplace. They are fundamental in making LGBTQ individuals feel comfortable and equal in their workplaces.
This starts with sending simple signals of acceptance and support, but also recognising that prejudices still exist and taking steps to address them when they appear. Those interested in being more active can make contact with their LGBTQ networks and find out the many ways of getting involved, including ways without serious time commitments.
Everyone benefits from such involvement, including by broadening networks. Leaders, particularly, should show strong leadership by becoming visible allies of the LGBTQ community in the firm. Ultimately, this allyship leads to improvements within teams, better staff motivation generally and a stronger team spirit.
Management must be involved and offer time and resources to the creation of an official LGBTQ professional network, as well as being truly committed to establishing and maintaining a culture of openness, respect and trust.
Where leaders actively champion this cause, this attitude will eventually permeate through the entire firm.
Support is available
There are many organisations, including legal service regulators as well as other organisations in the IP community specifically, which offer guidance to promote and improve diversity and inclusiveness, and their resources and best practices should be consulted. It is crucial to create “safe spaces” in a workplace, where issues can be discussed openly and without fear.
Similarly, dialogue and communications on this matter should always be unthreatening, positive, and focus on the numerous benefits of being an equal opportunities workforce.
There will inevitably be some who may feel threatened by or look cynically upon such actions. But if firms communicate in a transparent way why they are promoting LGBTQ rights and highlight the business and human advantages of doing so, the benefits of being vocal and taking a stand clearly outweigh the disadvantages.
To any lawyer experiencing difficulty with being open about their sexuality or gender identity, I would reassure them that there are many safe spaces, such as hotlines or resources provided by LGBTQ2 networks, where they discuss their concerns confidentially. Coming out is an intimately personal choice, and should never be forced, but there are many organisations that support lawyers in understanding themselves better and becoming comfortable with their identity.
Michael Hawkins is a partner at Noerr. He can be contacted at: Michael.hawkins@noerr.com
