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.

BigLaw Identity Capital: Pink and Blue, Black and White

This Article advances a new capital framework for understanding the bargain between large law firms and their lawyers, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which large law firms and their lawyers exchange labor and various forms of capital — social, cultural, and identity. First, it builds on the work of Pierre Bourdieu regarding economic, cultural, symbolic, and social capital by examining the concepts of positive and negative capital, exploring the meaning of capital ownership by entities, and developing the notion of identity capital — the value individuals and institutions derive from their identities. Then, the Article advances a capital theory of BigLaw, in which large law firms and their lawyers engage in complex transactions trading labor, social, cultural, and identity capital for economic, social, cultural, and identity capital. Capital analysis sheds new light on the well-documented and troubling underrepresentation of diverse lawyers at BigLaw. It shows that the underrepresentation of women and minority lawyers is not solely the result of exogenous forces outside the control of large law firms such as implicit bias, but rather the outcome of the very exchanges in which BigLaw and its lawyers engage. Specifically, large law firms take into account the capital endowments of their lawyers in making hiring, retention and promotion decisions, and derive value from their lawyers’ capital, for example, by trading on the identity of women and minority lawyers in marketing themselves as being diverse and inclusive to clients and potential recruits. Yet, while BigLaw trades for the identity capital of women and minority lawyers, it fails to offer them opportunities in return to acquire the social and cultural capital necessary for attaining positions of power, resulting in underrepresentation. Moreover, these labor-capital exchanges are often implicit and made by uninformed participants, and therefore unjust. Exactly because the capital framework describes the underrepresentation of diverse lawyers at BigLaw as an endogenous outcome within the control of BigLaw and its lawyers, however, it is a cautiously optimistic model that offers hope for greater representation of diverse lawyers in positions of power and influence. The Article suggests policies and procedures BigLaw can and should adopt to improve the quality of the exchanges it offers to women and minority attorneys and to reduce the underrepresentation of diverse lawyers within its ranks. Employing the concepts of capital transparency, capital boundary, and capital infrastructure, it demonstrates how BigLaw can (1) explicitly recognize the roles social, cultural, and identity capital play in its hiring, retention and promotion apparatuses and (2) revise its policies and procedures to ensure that all of its lawyers have equal opportunities to develop the requisite capital and compete on equal and fair terms for positions of power and influence.

Campañas de sensibilización para la conciliación de la vida laboral y familiar: una propuesta de investigación para la igualdad de género

From a gender perspective, protection and advertising political actions about work-family should promote sharing responsibilities between sexes. Next to political action and specific measures, the project of equal opportunities needs a long-term strategy based on the education on equality. This article proposes the methodologic exposition of a study based on these premises. It facilitates and explains the protocol used for the analysis of the audio-visual advertising campaigns on conciliation emitted by the Woman’s Institute. The evaluation of the actions is focused on the effectiveness from the point of view of mass media. It provides some data that illustrates the proposed study. Finally, it considers the difficulties of the available sources of information.

Acciones públicas de sensibilización de género: el esfuerzo de la administración regional y local en comunicación publicitaria (1999-2007)

El artículo analiza las iniciativas de comunicación relacionadas con la igualdad de oportunidades entre mujeres y hombres. El objetivo es analizar con enfoque de género las acciones realizadas por parte de las instituciones públicas regionales y locales para sensibilizar y promover la conciliación entre la vida familiar y laboral de seis comunidades autónomas (Andalucía, Cataluña, Comunidad Valenciana, Galicia, Madrid y País Vasco) y de sus capitales, desde 1999 (cuando se aprueba la ley de conciliación) hasta 2007 (se aprueba la ley de igualdad). La información sobre publicidad convencional fue proporcionada por Infoadex. Para la recogida de otro tipo de iniciativas a través de medios menos convencionales se acudió a cuatro fuentes institucionales: 1) Ayuntamientos de las capitales, como fuente estrictamente local, 2) Diputaciones de la capital de la Comunidad Autónoma, como fuente provincial, 3) Direcciones Generales de la Mujer o instituciones análogas como fuente de información a nivel regional o autonómico y, por último, 4) otras concejalías vinculadas al tema de la corresponsabilidad, cuyo radio de acción también es autonómico. Los resultados, aunque con diferencias entre regiones, reflejan carencias en la cobertura de las acciones que llevan a cuestionar la falta de estrategia política en términos de comunicación, pese a la introducción sistemática de estos objetivos en la agenda internacional (ONU y UE) y del gobierno español. En consecuencia, las campañas publicitarias e iniciativas recogidas contribuyen a la visibilización del problema y al empoderamiento, pero no tanto al objetivo de la paridad.

Deporte e igualdad: las voces de las deportistas de élite

El objetivo de esta investigación ha sido analizar y valorar las percepciones de las deportistas de élite ante su insuficiente presencia en el deporte. La metodología utilizada permite examinar e interpretar los pensamientos y creencias de una cohorte de deportistas de alto rendimiento. El instrumento utilizado para el tratamiento de los datos ha sido el programa informático AQUAD 7. En este estudio se abordan diferentes modalidades de relación de las participantes (el balonmano como deporte colectivo, el atletismo como individual y la lucha judo como una competición entre dos individuos). Los resultados muestran que las deportistas perciben situaciones de discriminación de género y ausencias de igualdad de oportunidades en su desarrollo profesional. Las conclusiones de este estudio aconsejan proponer un cambio en las políticas tendentes a la equiparación efectiva en la carrera deportiva de las mujeres.

La desigualdad entre mujeres y hombres en el sector hostelero español

Es un lugar común afirmar que una de las repercusiones positivas del desarrollo turístico es la facilitación de la incorporación de la mujer al mundo laboral. Así, las mujeres representan la mayor parte de la fuerza de trabajo del sector hostelero español y están representadas en todas las categorías laborales. Sin embargo, se sabe que dicha incorporación se realiza en condiciones desiguales y, específicamente en los hoteles, las mujeres ocupan mayoritariamente puestos de baja cualificación. También es un lugar común que una de las claves para el éxito del sector turístico es asegurar que los trabajadores sean eficientes y estén comprometidos con la empresa para garantizar la calidad del servicio prestado. Las políticas laborales deben promover una mayor igualdad de oportunidades, remuneración y condiciones de trabajo en el sector. En este trabajo se presentan evidencias de la disparidad salarial, la segregación vertical y la mayor precariedad laboral que sufren las mujeres en el subsector de la hostelería en España. Con este propósito se analizan datos estadísticos secundarios procedentes de organismos oficiales. Finalmente, se propone una reflexión acerca de las razones que motivan estas desigualdades, así como de las políticas que deberían seguirse para mitigarlas.

Towards the social inclusion of youth: Tools for analysis and policy design

The integration of youth into development processes is crucial in order to advance towards more egalitarian societies. Over the past few years, the Economic Commission for Latin America and the Caribbean (ECLAC) has regarded equality as the horizon for development, structural change as the way to achieve it, and policy as the instrument to reach that horizon. Equality is viewed as going beyond the distribution of means, such as monetary income, to include equal opportunities and capacities. This implies understanding equality as the full exercise of citizenship, with dignity and the reciprocal recognition of actors. Progress in this direction requires policies that promote the autonomy of subjects and pay attention to their vulnerabilities.

Microbial hyaluronic acid production

Hyaluronic acid (HA) is a commercially valuable medical biopolymer increasingly produced through microbial fermentation. Viscosity limits product yield and the focus of research and development has been on improving the key quality parameters, purity and molecular weight. Traditional strain and process optimisation has yielded significant improvements, but appears to have reached a limit. Metabolic engineering is providing new opportunities and HA produced in a heterologous host is about to enter the market. In order to realise the full potential of metabolic engineering, however, greater understanding of the mechanisms underlying chain termination is required.

Absence of corporate social reporting (CSR) in Bangladesh: a research note

This paper aims to broaden the present CSR literature by extending its focus to the absence of CSR within a developing country, an area which, to date, is relatively under researched in comparison to the more widely studied presence of CSR within developed Western countries. In particular this paper concentrates upon the lack of disclosure on three particular eco-justice issues: child labour, equal opportunities and poverty alleviation. We critically examine why this is the case and thereby illuminate underlying motives behind corporate unwillingness to address these issues. For this purpose, 23 semi-structured interviews were undertaken with senior corporate managers in Bangladesh. The findings suggest that the main reasons for non-disclosure include lack of legal requirements, lack of knowledge/awareness, poor performance and fear of bad publicity. Given these findings the paper raises some serious concerns as to why corporations would ever be expected to voluntarily report on eco-justice issues where performance is poor and negative publicity would be generated. These significant issues require careful consideration by policy makers at the national, regional and international levels.

Strategies against racism: a comparison of a social movement and case studies of anti-racist policy and practice in the local state

The thesis compares two contrasting strategies employed with the aim of combating particular forms of racism within contemporary Britain. Both are assessed as political strategies in their own right and placed within the broader context of reformist and revolutionary political traditions. The sociology of social movements is examined critically, as are Marxist and post-Marxist writings on the role of human agency within social structures and on the nature of social movements. The history of the Anti Nazi League (ANL) in the late 1970s and its opposition to the National Front is considered as an example of anti-racist social movement based on the Trotskyist model of the United Front. The degree to which the Anti Nazi League corresponded to such a model is analysed as are the potential broader applications for such a strategy. The strategy with which the ANL is compared is the development of anti-racist and equal opportunities policies within local government in the 1980s, primarily by Labour-controlled local authorities. The theory of the local state and the political phenomenon of municipal socialism are discussed, specifically the role of various groups operating in and around local authorities in the formation and implementation of anti-racist policy and practice. Following this general discussion, two case studies in each of the areas of local authority housing, education and employment are explored to consider in depth the problems of specific anti-racist policies. In summation the efficacy of the two strategies are considered as parts of wider political currents in tandem with their declared specific objectives.

The absence of corporate social responsibility reporting in Bangladesh

This paper aims to broaden the present corporate social responsibility (CSR) reporting literature by extending its focus to the absence of CSR reporting within a developing country, an area which, to date, is relatively under researched in comparison to the more widely studied presence of CSR reporting within developed Western countries. In particular this paper concentrates upon the lack of disclosure on three particular eco-justice issues: child labour, equal opportunities and poverty alleviation. We examine why this is the case and thereby illuminate underlying motives behind corporate unwillingness to address these issues. For this purpose, 23 semi-structured interviews were undertaken with senior corporate managers in Bangladesh. The findings suggest that the main reasons for non-disclosure include lack of resources, the profit imperative, lack of legal requirements, lack of knowledge/awareness, poor performance and the fear of bad publicity. Given these findings the paper raises some serious concerns as to why corporations would ever be expected to voluntarily report on eco-justice issues where performance is poor and negative publicity would be generated and profit impaired. Further research is still required to uncover current injustices and to imagine what changes can be made.

Equality, diversity and discrimination:a student text

This text is designed specifically for the increasing number of students taking modules in Equality andDiversity, including those taking the CIPD specialist elective Managing Diversity and Equal Opportunities module. The authors’ combined experience is used to offer a mixture of a strong practical focus and a clear academic approach to create a balance of theory and practice. This text is the only accessible, up-to-date and student-focused text in the market that specifically features this subject area. his text is designed specifically for the increasing number of students taking a module in Equality and Diversity. The text contains a range of features to aid student learning, including: - Learning objectives - at the beginning of each chapter summarising the content of the chapter - Tasks - interactive tasks to encourage students to research around the subject - Case studies - thought-provoking examples of practice - Legal cases - examples of legal practice - Key Points - at the end of each chapter, a summary of key issues raised in the chapter - Examples to work through - at the end of each chapter, mini case examples with questions to check students' understanding.

An exploration of the absence of corporate social reporting (CSR) in Bangladesh

This paper aims to broaden the present CSR literature by examining the absence of CSR within the context of a developing country. This is an area which to date is relatively under researched in comparison to the more widely studied presence of CSR within developed Western countries. For this purpose, 23 semi-structured interviews were undertaken with senior corporate managers in Bangladesh. The findings suggest that the main reasons for non-disclosure include lack of legal requirements and lack of knowledge/awareness. The other reasons mentioned are lack of resources, poor performance and fear of bad publicity and inherent dangers in additional disclosures. The paper has raised some serious public policy concerns by exploring the underlying motives for absence of CSR in general and some eco-justice issues in particular (e.g. child labour, equal opportunities and poverty alleviation). These significant issues require careful consideration by the policy makers at the national, regional and international levels.

Students' recollections of participating in a first year residential learning community experience

The purpose of this qualitative study was to gain an understanding of what participation in a first year residential learning community meant to students 2–3 years after their involvement in the program. Various theories including environmental, student involvement, psychosocial and intellectual, were used as a framework for this case study. Each of the ten participants was a junior or senior level student at the time of the study, but had previously participated in a first year residential learning community at Florida International University. The researcher held two semi-structured interviews with each participant, and collected data sheets from each. ^ The narrative data produced from the interviews were transcribed, coded and analyzed to gain insights into the experiences and perspectives of the participants. Member checking was used after the interview process. A peer reviewer offered feedback during the data analysis. The resulting data was coded into categories, with a final selection of four themes and 15 sub-themes, which captured the essence of the participants' experiences. The four major themes included: (a) community, (b) involvement, (c) identity, and (d) academics. The community theme is used to describe how students perceived the environment to be. The involvement theme is used to describe the students' participation in campus life and their interaction with other members of the university community. The identity theme is used to describe the students' process of development, and the personal growth they underwent as a result of their experiences. The academics theme refers to the intellectual development of students and their interaction around academic issues. ^ The results of this study showed that the participants valued greatly their involvement in the First Year Residents Succeeding Together program (FYRST) and can articulate how it helped them succeed as students. In describing their experience, they most recall the sense of community that existed, the personal growth they experienced, the academic development process they went through, and their involvement, both with other people and with activities in their community. Recommendations are provided for practice and research, including several related to enhancing the academic culture, integrating faculty, utilizing peer influence and providing further opportunities to create a seamless learning environment. ^

Students' recollections of participating in a first year residential learning community experience

The purpose of this qualitative study was to gain an understanding of what participation in a first year residential learning community meant to students 2-3 years after their involvement in the program. Various theories including environmental, student involvement, psychosocial and intellectual, were used as a framework for this case study. Each of the ten participants was a junior or senior level student at the time of the study, but had previously participated in a first year residential learning community at Florida International University. The researcher held two semi-structured interviews with each participant, and collected data sheets from each. The narrative data produced from the interviews were transcribed, coded and analyzed to gain insights into the experiences and perspectives of the participants. Member checking was used after the interview process. A peer reviewer offered feedback during the data analysis. The resulting data was coded into categories, with a final selection of four themes and 15 sub-themes, which captured the essence of the participants' experiences. The four major themes included: (a) community, (b) involvement, (c) identity, and (d) academics. The community theme is used to describe how students perceived the environment to be. The involvement theme is used to describe the students' participation in campus life and their interaction with other members of the university community. The identity theme is used to describe the students' process of development, and the personal growth they underwent as a result of their experiences. The academics theme refers to the intellectual development of students and their interaction around academic issues. The results of this study showed that the participants valued greatly their involvement in the First Year Residents Succeeding Together program (FYRST) and can articulate how it helped them succeed as students. In describing their experience, they most recall the sense of community that existed, the personal growth they experienced, the academic development process they went through, and their involvement, both with other people and with activities in their community. Recommendations are provided for practice and research, including several related to enhancing the academic culture, integrating faculty, utilizing peer influence and providing further opportunities to create a seamless learning environment.