Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships

This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures - especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their individual merit. While powerful in dismantling intentional discrimination, these standards rely on an assumption that lawyers are, and have the power to act as, atomistic individuals - a dangerous assumption that has been disproven consistently by the literature establishing the continuing and powerful influence of implicit and institutional bias. Accordingly, difference blindness, which holds all lawyers accountable to seemingly neutral standards, disproportionately disadvantages diverse populations and normalizes the dominance of certain actors - here, white men - by creating the illusion that success or failure depends upon individual rather than structural constraints. In contrast, we argue that a bias awareness approach that encourages identity awareness and a relational framework is a more promising way to promote equality, equity, and inclusion.

A Return to Little Things: Stories on Motherhood and Mistakes

A Return to Little Things includes three nonfiction pieces that revolve around the mistakes made by mothers and daughters. The collection investigates the idea that our lives are a sum total of the choices we have made. The essays directly address three specific situations that touch on the themes of motherhood, choices, and the human inclination to recall them with bitterness, and offer proof that time often allows us to move forward to forgiveness. Using humor and acceptance, the narrator is led through a labyrinth of emotions to come to peace with these choices. The stories serve as reminders that there are no mistakes, only lessons, and we must seek to understand them to live happy lives. This manuscript is a work in progress.