Diversity, Equity and Inclusion: Making us all stronger
Are we there yet? Anyone who has children has surely heard that question. Are we there yet? Are we there yet? Often, that is also the question that is asked when we talk about diversity, equity and inclusion: Have we achieved equality yet?
There may not be one moment when we believe equality has been achieved. Progress has been made. However, diversity, equity and inclusion are now under attack. People—some at the heads of our federal, state and local governments—are working to eliminate the progress made over the past decades and punishing groups seeking to advance greater inclusion.
As president of the American Bar Association, I am proud to reaffirm our dedication to advancing diversity, equity and inclusion within our profession, our association, the justice system and society. Eliminating bias and enhancing diversity is one of this association’s four goals (Goal III). But why does our commitment to this goal matter?
In 2003, when issuing the decisions in Gratz v. Bollinger and Grutter v. Bollinger, U.S. Supreme Court Justice Sandra Day O’Connor opined that “we expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interests approved today.” O’Connor’s words were hauntingly similar to those uttered by Justice Sherman Minton in 1952. We all look to the day when we achieve equal opportunity, but without examining the opportunity gaps and educational opportunities, we might not make progress toward this desired state.
In the current environment, the language and discussion around diversity, equity and inclusion have become fraught with conflict. People quickly take sides without really discussing and listening. Phrases like “taking our jobs” and “DEI hire” suggest that jobs belong only to one group. Is that what we believe? The language poses diversity, equity and inclusion as a zero-sum game: Someone has to win, and someone has to lose.
In truth, diversity, equity and inclusion are foundational to deliver better solutions and expanding opportunities for everyone. When we promote having diverse perspectives at the table, we unlock innovative ideas and creative solutions that benefit our clients and communities. Diversity within the legal profession enhances the quality of the workforce and leads to outcomes rooted in fairness. Being inclusive also ensures that the justice system remains accessible and trustworthy for all.
Numerous studies underscore the value of diversity, equity and inclusion. Companies with greater diversity outperform their peers. A 2023 analysis by McKinsey revealed that organizations with the most ethnic diversity had a 39% higher likelihood of exceeding their financial goals. Companies in the top quartile in female representation on boards of directors are 27% more likely to outperform financially than those in the bottom quartile. It’s clear: Fostering diversity is not at odds with excellence; it is essential to achieve it.
While we have made considerable progress in the legal profession, our journey is far from complete. Women make up roughly 41% of all U.S. lawyers; and lawyers of color account for about 23%, doubling the percentage from a decade ago. These are meaningful gains, yet disparities persist. Hispanic individuals constitute only 6% of U.S. lawyers despite representing 19% of the national population; Black Americans are 13% of the population but comprise only about 5% of its lawyers.
The ABA has long been a leader in fostering diversity and inclusion. We have sponsored many programs, policies and initiatives aimed at eliminating bias and creating equitable opportunities. These efforts include mentorship programs, scholarship initiatives and advocacy for fair policies across the profession.
But our work is ongoing. As an association, our duty extends beyond rhetoric. We must champion inclusive practices, challenge biases wherever they appear and actively cultivate an environment where all individuals feel valued and empowered to succeed. We must encourage discussions about what diversity, equity, and inclusion is and what it is not. Words matter, and now more than ever we must participate in and bring clarity to the discussions. I encourage you not to be a silent bystander but an active participant in advancing Goal III.
Are we there yet? We should be asking “Are we on the right road?” and “Do we have enough gas to get there?” As participants in the judicial system, we need to ask, “Are we drivers of equity and fairness?”
Follow President Behnke on X @ABAPresident or email [email protected].
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