速 All Things Diversity & Inclusion
MAY/JUNE 2013 $5.95
The Legal Issue
Law Firms Championing Diversity & Inclusion p.8
AsianI Pacific-American Heritage p.60
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| PUBLISHER’S COLUMN
What We Believe
How many times when you meet people and they ask “What’s new?” do you hesitate to reply or become stumped by the question because you don’t know how Participants in May/June Issue to respond in a meaningful way? Let’s assume you’re asking me what’s new at Profiles in Diversity Journal. Although it’s a leading question, there are some interesting ways for me to reply, especially if you’re new to the magazine. Let’s begin with our purpose and reason for being. We believe that diversity and inclusion concerns are going to be around for as long as there are organizations. We believe that organizations that are serious about their workforce want and need to have access to productive and equitable practices. We believe that our role is to give voice and a window into these practices by the people who have the most direct experience. Through encouraging participation in our features and journalizing relevant workforce issues via our magazine and website we are, we believe, adding value. Our role of providing a business-like vehicle, our magazine, has been proactively providing space in our magazine for practitioners, managers, executives, CEOs, chief diversity officers, senior women leaders and many others who live and breathe diversity and inclusion every day. Yes, we’re a forum where people come together to share their views and experiences, lessons learned, obstacles overcome, so that others who share these concerns can comfortably benchmark and learn how to work better and more efficiently. Over our fifteen-year publishing history, ninety issues in fact, we have provided approximately 4,000 profiles of people sharing their experiences and perspectives. It’s really diversity of thought in action. We have profiled over 1,000 senior women executives who have shared their professional and work/life experiences so other women in the pipeline can benefit. This issue’s participants, located in the lefthand corner, number at sixty-four. Each year we provide space to celebrate cultural heritage months, Diversity and Inclusion Innovations Awards, Women Worth Watching Awards, and recognition and awarding organizations as Diversity Leaders. We’re all about communication and our features are designed to give voice to what really matters and is relevant to people working and competing in all areas of business, education, healthcare, military, government, nonprofit, and security. It’s a big job but our staff and supporting companies make it all possible. The goal is not to expect to find a cure for diversity and inclusion—the goal is to embrace difference and celebrate it. PDJ James R. Rector, Founder and Publisher email@example.com May/June 2013
James R. Rector VICE PRESIDENT OF OPERATIONS
James Gorman SENIOR EDITOR
Grace Austin SENIOR CONTRIBUTING EDITOR
April W. Klimley DIRECTOR OF CLIENT PARTNERSHIPS
Sarah Weber ART DIRECTOR
Paul Malanij HUMAN RESOURCES
Vicky DePiore EXECUTIVE ASSISTANT
Elena Rector CONTRIBUTING WRITERS
Noëlle Bernard Larry Bodine Eric S. Fisher Alanna Klapp Scott M. Porter Bari Zell Weinberger LETTERS TO THE EDITOR
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May / June 2013 Volume 15 Number 3
FEATURES 32 | THE FIRST AMENDMENT’S IMPACT ON CAMPUS DIVERSITY
34 | IS YOUR COMPANY PREPARED FOR TRANSGENDER EMPLOYEES? Employers take note: if your company has not done so already, it must begin to adjust policies to accommodate transgender employees.
36 | MILITARY DIVORCE: WHY ARE SO MANY FEMALE SERVICE MEMBERS GETTING DIVORCED?
The Department of Defense has documented a dramatic rise in divorce rates among military service members since the onset of conflict in Iraq and Afghanistan.
38 | THE TOP FIVE LEGAL AREAS EVERY SMALL BUSINESS SHOULD MASTER
40 | ACTIONABLE GAINS AT LEGAL DIVERSITY NONPROFIT 42 | OBAMA ADMINISTRATION 2.0: WHAT’S AT STAKE FOR EMPLOYERS? The stakes continue to be high for employers during President Obama’s second term, particularly in the diversity-focused areas of EEOC and immigration.
44 | LEGALIZING DISCRIMINATION: WOMEN’S DISCRIMINATION AROUND THE WORLD Discrimination against women by laws, policies, and other legislation around the globe is still a major impediment to gender equality.
PROFILES IN DIVERSITY JOURNAL
52 | THOUGHTLEADERS Attorneys and executives share their thoughts regarding increasing diversity in the legal field
LAWYER SPOTLIGHT 24 | PATRICK ROWE
09 | ANDREA A. BERNSTEIN
14 | BRENDA PARKS FULLER
19 | MARTY LORENZO
Senior Corporate Partner and Diversity Committee Chair, Weil, Gotshal & Manges LLP
Vice President and Associate General Counsel, Sodexo, Inc.
Member, Mintz Levin
Associate General Counsel, Accenture
20 | VALECIA M. MCDOWELL
25 | ANGEL SHELTON
10 | MINDY BRICKMAN
16 | HORACIO E. GUTIERREZ Corporate Vice President and Deputy General Counsel, Microsoft Corporation
Partner, McGlinchey Stafford
11 | ELIZABETH A. CAMPBELL
17 | TRACY RICHELLE HIGH
Litigation Team and Co-Chair, Diversity Committee, Moore & Van Allen
Vice President and General Counsel for Climate Solutions, Ingersoll Rand Company
21 | MADONNA A. MCGWIN
26 | MICHAEL H. SPENCER
Partner, Sullivan & Cromwell LLP
Vice President and Deputy General Counsel, Fannie Mae
Senior Associate General Counsel, Wal-Mart Stores, Inc.
12 | NINA CORTELL
18 | TYREE P. JONES, JR.
22 | JILL M. METZ
28 | NIGEL F. TELMAN
Partner, Haynes and Boone, LLP
Director of Global Diversity & Inclusion and Litigation Partner, Financial Industry Group, Reed Smith LLP
Principal, Jill M. Metz & Associates
Partner, Proskauer Rose LLP
23 | COLIN OWYANG
30 | RICARDO WOODS
Partner and Chief Diversity Officer, Andrews Kurth LLP
13 | AHMED J. DAVIS
Principal and National Chair of Diversity Initiative, Fish & Richardson P.C.
Executive Vice President of Regulation and U.S. General Counsel, National Grid
Partner, Burr & Forman LLP
IN EVERY ISSUE
06 01 | PUBLISHER’S COLUMN 04 | EDITOR’S NOTE 06 | BULLETIN 60 | ASIAN/PACIFIC AMERICAN HERITAGE In celebration of AAPI month this May, we honor leaders of AAPI background.
71 | DIGITAL DIVERSITY
72 | CATALYST
FOLLOW US AT:
According to two recently published Catalyst tools, China: The Legal Framework for Women and Work and India: The Legal Framework for Women and Work, women in both countries have many rights on paper— and relatively few in practice, despite their rapidly growing presence in the workforce.
74 | CORPORATE INDEX
twitter.com/diversityjrnl scribd.com/diversityjournal twitter.com/mentorings
76 | Q&A An interview with Lawyers.com Editor-in-Chief Larry Bodine on the Prop. 8 and DOMA cases to be decided by the Supreme Court in June May/June 2013
| EDITOR’S NOTE
significance of law cannot be overstated Law governs all aspects of our lives. From how we drive to what we eat to where we live, the law is significant in the lives of everyone. Those that oversee, decide, and defend the law bear an enormous burden—and truly deserve commendation for their work. Despite this, or more likely on account of this, the inequities in the legal profession and law schools have become a hot-button issue. Critics say that lawyers and judges should reflect the diversity of clients and citizens that are affected by the law. Most, too, are in agreement of how to fix the problem: for minorities and women to succeed, they need to enter in greater numbers the professional sphere and become leaders in their chosen professions. From my work covering the LCLD this issue, I heard a consistent issue being lamented: women and minorities may enter into law school, pass the bar, and even become practicing attorneys, but they usually don’t stay in the field long enough to become leaders of their firms or general counsels at corporations. That’s why the attorneys that do make it into those positions should be celebrated, as we are doing in this issue. In this May/June edition of Profiles in Diversity Journal, we are devoting the entire magazine to legal topics, diverse lawyers, and organizations and firms making a difference. Our Legal Issue is the first of its kind, but seeing the overwhelming responses from both firms and corporations in all our features, I know it won’t be the last. The issue also touches on some of the legal problems facing women and minorities in our country and throughout the world. I personally learned so much from my research on the legal discrimination that is facing women globally (seen on page 44). I think everyone should be aware of the severe inequities facing women, most of which are unfathomable to those living in the United States and Western nations. Around the world, girls and women every day are being forced to marry at an early age, are unable to work or own property, and are being fired from their jobs for being pregnant or too old. These injustices remind me of the importance of living in an equitable society with legislation that affirms the rights of the individual, while also calling attention to the delicate status of women’s position in the eyes of the law. In addition, we tackle other interesting and relevant legal issues, including conforming to EEOC policies in the workplace, the rise of military divorce, and free speech on campus. I hope you find the Legal Issue as interesting as I do. As always, feel free to write or send me an email at firstname.lastname@example.org. I look forward to hearing from you! PDJ Grace Austin
PROFILES IN DIVERSITY JOURNAL
The Diversity Leader award recognizes communications excellence in the area of D&I. Winning companies utilize different technologies and mediums as a way to improve internal and external communication. * Diversity Leader award-winning companies denoted by this symbol: DL
3M • Accenture • ADP, Inc. • Aflac American Institute for Managing Diversity Andrews Kurth LLP • Bank of the West BDO USA, LLP • Booz Allen Hamilton Caesars Entertainment Corporation Catalyst • Charles Schwab • Chevron Cincinnati Children’s Medical Hospital Center Cisco Systems • Citi • CSC • CVS Caremark Energizer • Ernst & Young LLP Fannie Mae • Ford and Harrison LLP General Electric • Gibbons P.C. Halliburton • Harris Corporation HCA Healthcare • Highmark Inc. Ingersoll Rand International Society of Diversity and Inclusion Professionals JBK Associates • Jones Lang LaSalle KPMG • Kraft Foods Inc. Lewis and Roca LLP The Lifetime Healthcare Companies Lockheed Martin Corporation Moss Adams LLP • MWV National Grid • New York Life Nielsen • O’Melveny & Myers LLP PNC Financial Services Group, Inc. PwC • Raytheon Company Rockwell Collins • Ryder System, Inc. Sandia National Laboratories Shell International Society for Human Resource Management Sodexo • Sparrow Health System Springboard Consulting LLC The Hartford Financial Services Group Inc. Thompson Hine LLP • TWI Inc. Union Bank, N.A. • UnitedHealth Group Vanguard • Verizon • Walgreen Co. Walmart Stores, Inc. WellPoint, Inc. • White & Case LLP
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To view these employees’ stories, scan the smart tag or visit bit.ly/SodexoCommunity
Quality of Life services on bit.ly/SodexoCommunity.
Bulletin University of Oklahoma College of Law Offers New Degree Abrego Named President of Legal Marketing Association Maziel E. Abrego, LLM, has been named president of the New York chapter of the Legal Marketing Association. Abrego, a former practicing lawyer in her native Panama, ABREGO is a senior manager of marketing and client services with Troutman Sanders LLP. She oversees work on business development, marketing projects, and public relations and communications for the New York office of the Atlanta-based firm. She is a longtime leader in legal marketing, having been active with the local chapter and international LMA organizations since 2001. She also has served on the Board of Directors of Law Firm Media Professionals since its inception in 2001. Abrego earned a Masters in Law degree from Fordham University in 2000, and her degree in law and political science from Universidad Santa Maria La Antigua in Panama in 1998. Established in 1992, the Metropolitan New York Chapter of the Legal Marketing Association (NYLMA) is a not-for-profit organization dedicated to serving the needs, representing the interests, and maintaining the professional standards of men and women involved in business development, marketing, public relations and internal communications, event planning, web, and creative services in the legal profession.
PROFILES IN DIVERSITY JOURNAL
The University of Oklahoma College of Law recently opened enrollment for its new Master of Legal Studies program with classes beginning fall 2013. The program gives students the opportunity to specialize in one of two areas: Indigenous Peoples Law, offered online, and Energy and Natural Resources Law, offered on campus. “The Master of Legal Studies Program extends OU Law’s rich history and international expertise in the areas of Indigenous Peoples Law and Energy and Natural Resources Law,” OU Law Dean Joe Harroz says. “This degree gives students a competitive edge in the marketplace by allowing them to concentrate their studies in one of two areas central to Oklahoma, our national economy, and the inherent broader policy conversations.” Founded in 1909, the University of Oklahoma College of Law is Oklahoma’s premier law school and the highest ranked “Best Law School” in the state by US News & World Report. OU Law is also nationally ranked as a top 15 “Best Value” law school and in the top 15 percent of “Best Law Schools” by National Jurist magazine. As Oklahoma’s only public law school, OU Law is currently the academic home of more than 500 students enrolled in the Juris Doctor, Master of Laws, and various dual degree programs. The Master of Legal Studies program is for both lawyers and non-lawyers seeking legal knowledge in Indigenous Peoples Law or Energy and Natural Resources Law. The master’s degree benefits those working with tribes, energy companies, or natural resources organizations who require a working knowledge of legal issues but not a license to practice law.
Helen Mahy Joins Schneider-Ross As An Adviser Schneider-Ross has announced that Helen Mahy has joined SchneiderRoss as an expert adviser and executive coach to support growing work in board evaluation. Mahy brings a MAHY wealth of experience from her time with National Grid, where she was group company secretary and general counsel. As the winner of the ICSA Company Secretary of the Year Award in 2011 and May/June 2013
National Grid’s Inclusion & Diversity Champion, she was quick to see the benefits of bringing together two external drivers for change in the boardroom: the need to conduct an external board evaluation and Lord Davies’ review calling for greater gender diversity. Mahy also chairs Obelisk Legal Support which provides high quality legal support to in-house legal teams and law firms by using top city lawyers who have left their firms to bring up families and now wish to return to work on a fully flexible basis. Director of Schneider-Ross Rachael Ross adds: “We are really looking
forward to working with Helen and know that she will play an important role in helping to achieve our shared ambition: to stimulate real change by challenging and supporting Boards to develop a more inclusive organization culture, not least in the boardroom itself.”
Quintiq Welcomes Kim Rhodes As General Counsel Quintiq, producer of supply chain planning and optimization (SCP&O) software, has announced the appointment of Kim Rhodes as vice president, general counsel, and secretary of the company. RHODES Rhodes previously served as senior vice president strategic initiatives, general counsel, and secretary for Fiberlink Communications. Prior to this, she held similar roles with Citigroup subsidiary Citi Prepaid, formerly Ecount, and Primavera Software, now Oracle. “Kim’s experience scaling best practices and her understanding of the legal challenges of a global enterprise will complement our expansion goals,” says Victor Allis, CEO of Quintiq. “Kim shares our passion and commitment to success, and with twenty years of business law experience, she will be a terrific addition to our management team.” As vice president, general counsel, and secretary at Quintiq, Rhodes is responsible for all legal affairs for the company globally. “I am very excited to join Quintiq’s extremely talented leadership team,” says Rhodes. “The company is an innovative, agile, and fast-growing leader in SCP&O software, and I look forward to contributing to its success.”
Parker Poe Hosts Annual ‘Life in a Law Firm’ Program The Raleigh, North Carolina and Columbia, South Carolina offices of Parker Poe Adams & Bernstein LLP created Life in a Law Firm to provide minority law students a realistic approach on how to succeed and be fulfilled in the legal profession. The firm started the program in 2007 in the Columbia office and expanded it in 2008 to Raleigh where Steve Benjamin (second from left), member of Parker Poe’s a session was scheduled Special Counsel and mayor of Columbia, greeting USC School of Law students at Parker Poe’s Life in a Law Firm February 23. program. “Our goal is to expose the students to different pathways in the legal field and provide perspective on what it’s like to practice law on a day-to-day basis,” says Sidney Evering, Parker Poe’s director of Diversity. “We’ve received overwhelmingly positive feedback from students who have participated in the past and we really look forward to hosting the program again this year.” From left: Parker Poe’s Director of Diversity Sidney Evering, USC School of Law student Leslie Simpson, and Parker Poe During the five-hour Associate Felicia Preston at the Life in a Law Firm program. program, students interact with attorneys from various practice areas including business law, employment, government, healthcare, litigation, public finance, and real estate. In addition to the sessions, students practice interviewing skills and gain one-on-one feedback from attorneys in mock interviews. Participating students represent six law schools in North Carolina— Campbell Law School, the Charlotte School of Law, Duke University School of Law, University of North Carolina School Law, North Carolina Central University School of Law, and Wake Forest University School of Law. South Carolina law students participated in a similar format in Parker Poe’s Columbia office on February 2. Parker Poe initiated the seminars as part of the firm’s commitment to encouraging diversity in the workplace and offering guidance and mentoring to the attorneys of tomorrow. According to the American Bar Association, during the 2011-2012 academic year, there were 156,458 law school students in the U.S., of which 35,859 were minorities. In North and South Carolina there were 6,028 law school students attending nine law schools. PDJ
THE LEGAL ISSUE 8
Diverse Lawyers Making a Difference For the May/June issue, in keeping with our Legal theme, we are highlighting some of the countryâ€™s most prominent diverse lawyers. The following is a peek into these attorneysâ€™ personal and professional lives and the issues of diversity in law that most concern them. Many wrote about pipeline issues, while others focused on a greater need for mentoring and leadership opportunities for practicing diverse attorneys. Still others focused on issues pertaining to diverse individuals, like gay rights and access to justice, while some wrote about their personal tales of how they succeeded in the profession. We hope you enjoy and are inspired by the following feature.
PROFILES IN DIVERSITY JOURNAL
HEADQUARTERS: New York City WEBSITE: www.weil.com BUSINESS: International law firm EMPLOYEES: 1,200
EDUCATION: BA, Syracuse University; MA, Columbia University; JD, Fordham University Law School MY PHILOSOPHY: Never say never. I never planned to become a partner, but now thirty-six years later, here I am. DESCRIBE YOURSELF IN THREE WORDS: Committed to clients
SENIOR CORPORATE PARTNER AND DIVERSITY COMMITTEE CHAIR
Different Paths to Success in Law The practice of law can be quite fulfilling, but there is no one way to do it. For some of us, it is all-day immediately; for others, we need to design a career path that will meet our personal and professional needs as they vary over time. As I found from personal experience, what works at one point in our careers may not be the answer at a different point. I began my career at Weil as a full-time associate and left after three years. I was welcomed back five years later (having spent most of my time away as the full-time mother of a young son) and was given an opportunity, unique at the time, to work first as a flextime associate and then as a flextime counsel, without restriction on my development as a lawyer. Fourteen years after coming back to the firm, I became a partner. For our profession to progress, we need to embrace the fact that there are different definitions of success and different paths to achieving that success. We must remain open to innovation and not be wed to doing things the old or traditional way. While taking a different path to success may be perceived as disproportionately affecting women, we recognize that it is an important issue for men as well, often reflected in the role that generational difference plays in career expectations. At Weil, we recently held two standing-room only workshops across multiple offices on “working with different generations,” helping millennials, gen-x, baby boomers, and traditionalists to better understand each other’s working styles and perspectives. The interactive workshops shared research on the defining experiences, values, and behaviors of each generation, and the strategies for working and communicating effectively with people from different generations While the specifics of my career trajectory may be unique (especially given how long ago it began), Weil continues to recognize that developing talent is key to our firm and encourages innovation. PDJ How did you become interested in law? While at Syracuse, I took a constitutional law course. The professor was absolutely mesmerizing, and started me thinking about a career in law.
Andrea A. Bernstein
Weil, Gotshal & Manges LLP
What advice do you have for upcoming lawyers? Work hard, develop your own personal style, take responsibility for your career, and don’t forget to smile.
WE MUST REMAIN OPEN TO INNOVATION AND NOT BE WED TO DOING THINGS THE OLD OR TRADITIONAL WAY. May/June 2013
Mindy Brickman PARTNER
Partnering with LCLD to Increase Minority Representation
HEADQUARTERS: New Orleans, Louisiana WEBSITE: www.mcglinchey.com BUSINESS: Legal services EMPLOYEES: 389
EDUCATION: BA, Princeton University; JD, Tulane University Law School MY PHILOSOPHY: Pay it forward—give others the same or better opportunities than those that were given to you. INTERESTS: Family, American literature, and politics DESCRIBE YOURSELF IN THREE WORDS: Fair, intelligent, compassionate
How did you become interested in law? I became intrigued with the law when I first read To Kill A Mockingbird. I admire Atticus Finch for doing the right thing, even when it wasn’t easy. How can we improve diversity in the legal field? We should continue to strive to recruit diverse attorneys, but we also should focus on the retention and promotion of them once they join our organizations. What are major factors in law and the legal profession today? How is the law and legal profession changing? The field of law is becoming increasingly competitive and, simultaneously, diversity is becoming recognized as an integral part of a successful law firm. Firms that do not recognize diversity is important will end up getting left behind. What advice do you have for upcoming lawyers? Get some real world business experience before attending law school. Learn what it is like to be on the client side before you become the lawyer representing that client.
PROFILES IN DIVERSITY JOURNAL
Recruiting, retaining and promoting diverse lawyers are integral components of success in the modern legal industry. As my firm’s chief diversity officer, I am extremely proud of our diversity efforts. Retention and continuing to nurture and grow these individuals is crucial as we develop and maintain a truly diverse and culturally rich workplace. Through our partnership with the Leadership Council on Legal Diversity (LCLD), our firm has made great strides in our diversity efforts. Our participation in LCLD programs forms the cornerstone of our current program. For example, we actively participate in both the LCLD Fellows program for senior associates and young partners, as well as the 1L LCLD Fellows program for current law students. Forming diverse leaders at multiple levels in the legal pipeline has worked well for us. As each year goes by, we gain increased momentum with more diverse hires and the success and promotion of the diverse attorneys among our current ranks. These efforts are coupled with all our LCLD participants’ commitment to mentoring those coming up behind them. With this built-in generational succession plan, I look forward to continued success. PDJ
RETENTION AND CONTINUING TO NURTURE AND GROW THESE INDIVIDUALS IS CRUCIAL AS WE DEVELOP AND MAINTAIN A TRULY DIVERSE AND CULTURALLY RICH WORKPLACE.
Elizabeth A. Campbell PARTNER AND CHIEF DIVERSITY OFFICER
Preserving the Talent Pipeline of Diversity in the Legal Profession As college admissions officers and others anxiously await the U.S. Supreme Court’s ruling in the Fisher v. UT Austin case, I find myself focused on “preserving” the talent pipeline to diversity, without regard to the outcome of the case. It is all but axiomatic that diverse perspectives can enhance the quality of legal services. It follows that diversifying the talent pipeline is one important means to increase representation diversity in the legal profession. Why? Almost all large law firms and many general counsel offices target first or second year law students. If the organization has a commitment to diversity and inclusion, as many do, the competition for diverse law student talent creates a log jam with many potential employers competing for a finite number of students. Efforts to increase diversity hiring at this point understandably can be frustrating. One solution is to focus on working with organizations, programs, and other efforts to ensure that more women and people of color see the legal profession as a desirable career option and are afforded the skills and resources—pre-law school—to be academically competitive. Such organizations include the local affiliates of the National Association for Urban Debate Leagues, which prepare a diverse population of high school students to achieve academic success, and Just the Beginning Foundation, which has excellent pre-law programming for high school students interested in going to law school. At the collegiate level, the Council on Legal Educational Opportunity is in its fortieth year of helping students improve their undergraduate performance and prepare for the law school admissions process and legal study itself. I also work with diverse law student organizations—ALSA, BLSA, CHLSA and OUTLaw—to provide 1L workshops at the start of the law school year to increase early academic performance, which is critical to the hiring process and to increasing the diversity in the pipeline long term. Thus, no matter the outcome of Fisher, our work on the talent pipeline must continue. PDJ
Andrews Kurth LLP HEADQUARTERS: Houston, Texas WEBSITE: www.andrewskurth.com BUSINESS: Legal REVENUES: $268 million EMPLOYEES: 800
EDUCATION: BA, American University; JD, University of Michigan Law School MY PHILOSOPHY: To be thankful for all of my blessings, to approach each day with a fresh start, to enjoy each day to the fullest, and to try to improve the life experiences of someone else as often as I can. INTERESTS: Music, theatre, professional sports, playing softball, education DESCRIBE YOURSELF IN THREE WORDS: Energetic, influential, fun TWITTER HANDLE: @eacampbelljd
How did you become interested in law? From watching Perry Mason on TV and reading the books on which the TV show was based. I enjoyed the problemsolving process and the analysis involved. I also liked Perry’s convertible! What has been your most memorable professional experience? Being sworn in to practice before the U.S. Supreme Court with Justice Thurgood Marshall on the bench. My parents and close family members attended the ceremony, but hardly to see me. They wanted to see Justice Marshall in person. He is one of our country’s greatest civil rights leaders and he worked tirelessly to benefit so many. As I raised my hand and took the oath, I felt that I was making a personal commitment to him to be the best lawyer that I could be. I think he would be proud that I coauthored an amicus brief in the Fisher case supporting UT’s admissions process.
Haynes and Boone, LLP HEADQUARTERS: Dallas, Texas WEBSITE: www.haynesboone.com BUSINESS: Law firm EMPLOYEES: 1,000
EDUCATION: BA, University of Texas at Austin; JD, University of Texas School of Law MY PHILOSOPHY: Seize the day and enjoy it. INTERESTS: Law, family, community DESCRIBE YOURSELF IN THREE WORDS: Empathetic, hard working, lawyer/mom
Access to Justice Greatest Issue in Law My mother, who was a refugee from Nazi Germany, realized her dream when she was sworn in as a United States citizen. The Dallas Morning News featured her, with a huge smile and corsage, in a frontpage picture. The enormous pride she felt that day, and the high regard she held for our country and legal system were palpable and infectious. The promise of what our country has to offer remains vibrant and strong. But there are fissures that present enormous challenges. Meaningful access to our justice system has emerged as perhaps the biggest issue in the legal arena. The increasing diversity of our population and an ever-widening wealth gap exacerbate the problem. Language and cost issues threaten to deny access to the persons who need it most. And even when access is provided, it may only mean getting in the door and not achieving acceptable outcomes. The good news is that many fair-minded people, organizations, governmental agencies, and legislators are enacting important programs and working toward increased funding. States such as Texas and California are approving excellent pro se forms. Technology is a valuable tool. Websites provide important information to large populations, often in many languages. Justice Sandra Day O’Connor made a significant contribution when she founded the iCivics website—a webbased education project designed to teach students civics and inspire them to be active participants in our democracy. But of course so much more is needed. In a recent international survey, the United States did not fare well in the area of effective access, lagging behind other developed nations. In another study, several reputable organizations found that fewer than one in five low-income persons in America obtain the legal assistance they need. In short, we must improve access, reduce delay, and limit cost. If we don’t meet these challenges, then the great promise of this country and its remarkable legal system will fall short. In a Jewish text, we are advised that it is not incumbent upon us to complete the task, but we are not free to desist from trying. PDJ What has been your most memorable professional experience? Being a founder of the Center for Women in Law at University of Texas School of Law, which is dedicated to advocating for change and improving the status of women lawyers both in and outside the legal profession. What are major factors in law and the legal profession today? How is the law and legal profession changing? Tremendous change is underway, influenced by economic factors, globalization, and technology. The profession has become more competitive, with a premium on specialized knowledge and efficiency.
PROFILES IN DIVERSITY JOURNAL
Ahmed J. Davis PRINCIPAL AND NATIONAL CHAIR OF DIVERSITY INITIATIVE
Helping Young and Diverse Minority Attorneys Prosper
HEADQUARTERS: Boston, Massachusetts WEBSITE: www.fr.com BUSINESS: Intellectual property law firm REVENUES: $377.5 million EMPLOYEES: 1,200
EDUCATION: BS, Morehouse College; MS, Emory University; JD, Georgetown University Law Center MY PHILOSOPHY: Obstacles are the things you see when you take your eyes off of your goals. The Lord orders your steps, but you must have the confidence to take them. INTERESTS: Team sports, my family, the Bible DESCRIBE YOURSELF IN THREE WORDS: Humble, loyal, leader TWITTER HANDLE: @ahmedjdavis
Fish & Richardson P.C.
Fish & Richardson is in the business of helping other businesses—our clients. As an intellectual property (IP) law firm, we assist our clients in obtaining patents and protecting their IP rights. A company’s IP is one of its greatest assets from which much of the business evolves. By actively representing our clients, securing their inventions with patents, helping enforce those patents when necessary, and protecting against incorrect or unfair assertions of infringement, we are helping our clients create and keep jobs. If we do our job effectively and help clients build and protect a strong IP base, we create certainty in the business world, which leads to more research, design, and manufacturing from which jobs will flow. A well-prepared workforce is a necessary predicate to success in job creation. As the national chair of Fish & Richardson’s Diversity Initiative, I believe that individual mentoring is an important and often overlooked aspect of this process. At Fish, we inspire and train our young attorneys to succeed. Whether an attorney chooses to spend his career at Fish or ultimately move to another profession, we hope to equip young attorneys with knowledge and experience that they can use throughout their careers. As my firm’s first and only African American equity partner, I know too well the struggles law firms have in attracting and retaining well-qualified minority attorneys—especially in the area of IP law. Our firm’s 1L Diversity Program identifies first-year law students who have the background needed to succeed in IP law and provide work experience that will help these students thrive in a law firm environment. By nurturing diverse talent, we are building a stronger workforce and helping to bridge the need for more minority attorneys with support and guidance. In my view, this investment in people is key to fixing our economy. Too often, we view the economy solely through the lens of revenue generation, while overlooking professional development and relationship building. When companies invest in individuals and support the nurturing of relationships with one’s peers, then we gain a sense of confidence and collective purpose. This confidence spurs development and innovation, which ultimately lead to healthier business environments and stability for our economy. PDJ
A WELL-PREPARED WORKFORCE IS A NECESSARY PREDICATE TO SUCCESS IN JOB CREATION.
Brenda Parks Fuller VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
Recession Only Strengthens Diversity Case in Legal Profession
Sodexo, Inc. HEADQUARTERS: Gaithersburg, Maryland WEBSITE: www.sodexousa.com BUSINESS: Quality of life services; facilities and food service management REVENUES: $8.8 billion EMPLOYEES: 125,000
EDUCATION: BA, Vassar College; MPA, Columbia University; JD, Harvard Law School MY PHILOSOPHY: Don’t find a fault, find a remedy. DESCRIBE YOURSELF IN THREE WORDS: Adventurous, tenacious, principled INTERESTS: Family, travel, antiquing TWITTER HANDLE: @SodexoDiversity
PROFILES IN DIVERSITY JOURNAL
The recent recession has resulted in a decline in the legal ranks of women and attorneys of color. Many of the strides made towards achieving a diverse bar now pale in comparison to where we are today due to the economic downturn. Advancing diversity to prerecession numbers and beyond is the challenge and opportunity for firms and corporate legal departments that embrace an inclusive work environment. A diverse legal team is simply better equipped to bring innovation and creativity to the legal challenges of today’s multicultural world. At Sodexo we continue to attract top legal talent and staff by casting a “wide net” for talent acquisition. Within our law department we believe we cannot speak credibly to outside counsel about their diversity unless we ourselves reflect that diversity. Mentoring, training, and secondments are useful career experiences for diverse lawyers entering the profession and who seek advancement. Firms and corporations should continue their commitments to these efforts and expand them. In addition, there is a role for other programs that target upcoming lawyers as students. For example, we host a job shadowing program where we pair first-year law students with an attorney for the day to experience legal practice in a corporate setting. They accompany attorneys to client meetings or participate in contract negotiation sessions. Women, minorities, second career-types, and groups that are traditionally underrepresented in corporate law are particularly encouraged. The Sodexo job shadowing program is one that I am particularly proud of. I conceived and launched this program out of my interest in ensuring there is a pipeline of diverse attorneys knowledgeable about corporate legal practice. Since the program’s launch in 2004, 104 students have been hosted, and I have made a personal commitment to continue to mentor and coach alumnus. The role of mentoring cannot be underestimated in helping us recover some of the ground we have lost with the exodus of diverse counsel during the recession. PDJ Why is diversity important specifically to the legal field? A commitment to diversity simply makes sense. Demographics show future trends where racial and ethnic diversity will continue to grow. Establishing a legal team of individual and unique people allows the group, in all its human components, to reflect the diversity of thoughts, ideas, and experiences of the clients it serves. What are major factors in law and the legal profession today? How is the law and legal profession changing? I see slow, yet promising, steps by more corporate law departments around workplace flexibility. For some companies fiscal considerations are the primary drivers encouraging work from home scenarios, but the future belongs to those who embrace flexible work arrangements as a work/life balance imperative. For example, I work from home, and find my alternative work arrangement allows me to be more focused and productive.
Thanks to you,
Our legacy will be a healthier future for her. In May, WellPoint pays tribute to generations of Asians and Paciﬁc Islanders who have enriched our country’s history and celebrates the generations to come. At WellPoint, diversity is more than just the ‘right thing to do’. It’s the way we approach business, how we build relationships within our communities and with our employees. Our associate resource groups – including ACE (Asians Committed to Excellence) – reﬂect our commitment to creating a culture of inclusion for all. Better health care, thanks to you.
For more information, visit: www.wellpoint.com/careers
® Profiles in Diversity Journal. ® Registered Trademark, WellPoint, Inc. © 2013 WellPoint, Inc. All Rights Reserved. EOE.
THE LAWYER SPOTLIGHT
Horacio E. Gutierrez
Microsoft Corporation HEADQUARTERS: Redmond, Washington WEBSITE: www.microsoft.com BUSINESS: Computer software, devices, and services REVENUES: $74.30 billion EMPLOYEES: 94,290
EDUCATION: LLB, Graduate degree in Corporate and Commercial Law, Catholic University (Caracas, Venezuela); JD, University of Miami Law School; LLM, Harvard Law School MY PHILOSOPHY: Aspire to being the best, then put in the work it takes. DESCRIBE YOURSELF IN THREE WORDS: Driven, focused, humorous INTERESTS: Reading, film, soccer TWITTER HANDLE: @horaciog
CORPORATE VICE PRESIDENT AND DEPUTY GENERAL COUNSEL
Intellectual Property Protections Key to Growth and Jobs It is hard to single out just one most important legal issue. Although I don’t know if it is the most significant legal issue today, especially given all of the controversial issues that reach the Supreme Court, I think that one important issue is the role of intellectual property in the global economic environment. We stand at a crossroads today that could determine whether or not intellectual property continues to serve as a global engine of innovation and economic growth. IP protections—patents, copyrights, trademarks, and trade secrets—play a key role in driving innovation and creativity, leading to economic growth and new, high-paying jobs. IP may appear to be a somewhat esoteric topic, but if we don’t preserve and enhance the system that has served the U.S. and the world so well, our future will be far less bright. PDJ How did you become interested in law? I was born and raised in Maracaibo, Venezuela. I knew early on that I wanted to be a lawyer. My father was an attorney, and I grew up surrounded by books about history, political science, and law, which I would read from time to time and learned to love from an early age. I started law school at sixteen, graduated by twenty-one, and became a partner at a law firm in Venezuela by twenty-eight. I took a brief detour into investment banking, but it only confirmed for me that my interests were in practicing law. How can we improve diversity in the legal field? The root causes of the lack of diversity in the legal profession are varied, and require action from a number of different angles. First, we must encourage young people from a wide variety of backgrounds to consider a legal career. Helping young people understand what lawyers do and the value they create for companies and society is key to developing a great pipeline of diverse talent. But we must also recognize that there are significant socioeconomic factors that make it difficult for minorities to pursue a legal career. Scholarships, student loans, and other programs are critical to helping minority students overcome these barriers. It is also important to provide support that enables them to succeed. This is why establishing mentoring networks is so important in the long term.
PROFILES IN DIVERSITY JOURNAL
WE STAND AT A CROSSROADS TODAY THAT COULD DETERMINE WHETHER OR NOT INTELLECTUAL PROPERTY CONTINUES TO SERVE AS A GLOBAL ENGINE OF INNOVATION AND ECONOMIC GROWTH.
Are Diverse Attorneys Becoming Leaders? Over the past decade, law firms increasingly have focused their efforts and resources on the recruitment, retention, and advancement of women and minority lawyers. While progress has been made, one significant issue that still remains is whether these women and diverse lawyers are now occupying influential roles both within their firms and on their client relationship and trial teams. When measuring the progress of our work, we should be mindful that the raw number of diverse lawyers is not the end goal: We should aim to lead practice areas, head offices, and participate in firm culture in positions of decision-making authority. Groups like the Leadership Council on Legal Diversity, the Institute for Inclusion in the Legal Profession, and the Minority Corporate Counsel Association examine the spheres of influence diverse lawyers have and offer viable solutions as to how a true diverse and inclusive profession can be achieved. In addition to these organizations, in 2011, a number of women judges of New York’s Appellate Division, First Department, released a fact sheet drawing attention to the fact that women litigators appear in commercial cases at a far lower rate than their representation in law firms. This fact sheet led to a panel of distinguished jurists and lawyers discussing the factors that lead to this phenomenon and what can be done to ensure that women and minority lawyers have the opportunities and the experience and skills required to take on leadership roles. While there is work to be done, I am grateful that our dialogue continues. PDJ
Sullivan & Cromwell LLP HEADQUARTERS: New York City WEBSITE: www.sullcrom.com BUSINESS: Law firm
EDUCATION: BA, Yale University; JD, Harvard Law School MY PHILOSOPHY: Always try to do your best, but realize that what your best is at any given moment may change.
How did you become interested in law? Since I was seven years old, I have always wanted to know my rights.
INTERESTS: Reading, writing, exercise
Why is diversity important specifically to the legal field? The inclusion of voices from all backgrounds is key to providing the best, reasoned, logical legal advice possible.
DESCRIBE YOURSELF IN THREE WORDS: Strong-willed and spirited
What are major factors in law and the legal profession today? How is the law and legal profession changing? Ensuring that diversity and inclusion principles remain a priority for clients, firms, and corporations; the pace of litigation has changed, but the core principles remain the same.
Tracy Richelle High
What advice do you have for upcoming lawyers? Push yourself. Then push yourself harder.
WE SHOULD AIM TO LEAD PRACTICE AREAS, HEAD OFFICES, AND PARTICIPATE IN FIRM CULTURE IN POSITIONS OF DECISION-MAKING AUTHORITY.
Tyree P. Jones, Jr. DIRECTOR OF GLOBAL DIVERSITY & INCLUSION AND LITIGATION PARTNER, FINANCIAL INDUSTRY GROUP
Civil Rights Debate Continues Over Gay Marriage One of the most significant issues in the law and our profession today is gay marriage rights. This term, the U.S. Supreme Court heard oral arguments in both Hollingsworth v. Perry, concerning California’s voter-approved Proposition 8, and United States v. Windsor, concerning the federal Defense of Marriage Act. No matter your view on the issue, one cannot ignore that these cases present SCOTUS with civil rights issues of a magnitude not seen since Brown v. Board of Education and its progeny. The passage of ballot initiatives and legislation on this issue underscores the critical role the legal profession plays in shaping the rights in our society. Windsor is both about gay marriage and about states’ rights, bringing before the justices the question of whether states can control the domestic relationships of their citizens. Perry raises an even bigger question about whether the Constitution’s guarantee of equal protection under the law prevents states from banning the marriages of lesbian and gay couples. Profound differences emerged within society and the legal profession as Windsor and Perry traversed the judicial system. Clearly the debate around civil rights and inclusion for all continues apace. We wholly support LGBT initiatives at Reed Smith. We partner with the National LGBT Bar Association, provide space for the organization’s national headquarters in our Washington, D.C. office, and proudly sponsor many of its events, including the 2013 New York Regional Corporate Counsel Out & Proud award reception. Since 2008, our London office has supported “Pink Law” LBGT programming at every level; and our other offices around the globe support numerous initiatives to ensure the representation LGBT individuals firm-wide. PDJ Why is diversity important specifically to the legal field? By actively bringing about the change we say we desire. Lawyers are no shrinking violets. We doggedly pursue our objectives and incent others to do so as well. No different approach is required here. We must recognize that excellent talent resides in packages of all stripes and ensure that personal and professional biases do not get in the way of including those diverse individuals into our respective organizations and profession. What are major factors in law and the legal profession today? How is the law and legal profession changing? Excellence remains table-stakes. One’s ability to possess not just substantive legal knowledge but an ability to understand the needs of clients and maintain passion for their circumstances is a distinguishing attribute in the profession. These attributes reside in an ever-increasing group of individuals with diverse life experiences.
PROFILES IN DIVERSITY JOURNAL
Reed Smith LLP WEBSITE: www.reedsmith.com BUSINESS: Law firm REVENUES: $1.01 billion EMPLOYEES: 3,400
EDUCATION: BA, Bowdoin College; JD, Georgetown University Law Center MY PHILOSOPHY: My philosophy is based on the historic civil rights tenet, voiced by Fannie Lou Hamer, Dr. Martin Luther King, Jr., and others: No one is free until everybody’s free. It is best summarized by the Golden Rule: Do unto others as you would have them do unto you. INTERESTS: Time spent with family, movies, golf DESCRIBE YOURSELF IN THREE WORDS: Earnest, conscientious, tenacious
THE LAWYER SPOTLIGHT
Mintz Levin HEADQUARTERS: Boston, Massachusetts WEBSITE: www.mintzlevin.com BUSINESS: Law firm EMPLOYEES: 953
EDUCATION: BA, JD, University of San Diego MY PHILOSOPHY: At the risk of over-simplifying the principles that guide my actions: seek fulfillment in fulfilling others’ needs. INTERESTS: I’m very interested in three “Es”—entrepreneurship, education, and empowerment. I spend time cultivating and honing leadership skills in youth, entrepreneurs, and seasoned executives. I also enjoy activities that I can do with my family, like surfing, rock climbing, and running 5Ks. DESCRIBE YOURSELF IN THREE WORDS: Filipino American, Family Man, Marine TWITTER HANDLE: @martylorenzo
Marty Lorenzo MEMBER
Immigration Reform as Engine for Economic Growth The most significant issue in law and business today is common-sense immigration reform. This issue touches all of American society on many levels, not the least of which is its impact on business and family. American employers must be able to attract and retain the best and brightest innovators and workers in the world. Moreover, we need to ensure that immigrant workers are able to bring their loved ones here in a timely manner, because most workers come to the U.S. while leaving a loved one in their home country. The Asian American community, in particular, would benefit from reforming our family-based immigration system. Seventy-five percent of Asian Americans are foreign-born—the highest percentage of any major ethnic group. Many of the highly skilled immigrants who help drive our economy are of Asian descent. Entrepreneurship also plays a significant role in the Asian American community. A U.S. Census Survey of business owners reported that Asian Americans owned approximately 1.5 million businesses in the U.S. in 2007 and generated over $506 billion in gross receipts, which is more revenue than any other group except non-Hispanic Whites. According to a Nielsen report, the buying power of the Asian American community reached $718.4 billion last year and it is expected to reach over $1 trillion by 2017. However, nearly half of the family members in the current visa backlogs are relatives of Asian Americans. There are family members from China, India, and the Philippines, for example, who have been waiting anywhere from ten to twenty-three years. When families are unified in the U.S., earnings remain here because Americans have less need to send money abroad to their family members. An efficient immigration system that addresses shortfalls that Asian Americans face will be an engine of economic growth for all Americans. As a board member of the Asian and Pacific Islander American Chamber of Commerce and Entrepreneurship, I look forward to taking part in national discussions regarding immigration reform and other important legal and business issues that face our diverse nation. PDJ What has been your most memorable professional experience? One memorable experience occurred when I represented an investment bank in an underwritten public offering. The bigger Silicon Valley firm that represented the company found an “insurmountable problem” at the eleventh hour, blamed the auditors, and threatened to derail the deal. After consulting the auditors and company’s counsel, I forged a solution that got the deal done. I then became counsel for the company. What advice do you have for upcoming lawyers? Never forget that without our noble profession, society would be unable to grow and people would settle their differences in the streets—always uphold the ideals which make our diverse nation great. Also, be the person your dog thinks you are.
Valecia M. McDowell LITIGATION TEAM AND CO-CHAIR, DIVERSITY COMMITTEE
Becoming Economically Viable While Serving the Community Lawyers don’t view their occupation as a profession anymore and it shows. Instead, they view the practice of law as just another job. They “punch-in” when they roll out of bed with iPhones in hand and never really punch-out. The modern lawyer is too often driven solely by the tiny increments of time charged to a client. These practitioners forget their civic responsibilities, are irresponsible in their ethical obligations, and rarely spare the time necessary to fully weigh their clients’ concerns as they rush from one engagement to the next. As a result, communities suffer from a dearth of leadership, clients suffer from lack of thoughtful analysis, and we suffer as we try to desperately squeeze in one more conference call while on vacation with our families. It’s untenable. Whole lawyers are better lawyers. As a profession, we have to find a way to be economically viable, zealous advocates without losing our way. PDJ How can we improve diversity in the legal field? Our clients can bring about the greatest immediate and positive impact on diversity in the legal profession. When our clients are intentional about engaging talented women partners and partners of color to serve as client relationship managers, the profile of those lawyers will be elevated within their respective law firms and legal communities. This will serve to create many additional opportunities for women and minority associates within the pipeline. Moreover, this will serve as the clearest demonstration of the “business case” for law firms to invest in diversity hiring, retention, and promotion. In the end, if our clients want to see this change, they can make it happen. What are major factors in law and the legal profession today? How is the law and legal profession changing? Fee sensitivity, including the desire for alternative and fixed fee arrangements, is a major factor that is driving change and altering the way law firms and clients conduct business with one another. Firms that can successfully adapt to this new environment will thrive and their clients will receive quality services at anticipated and reasonable rates. This dynamic is driving important shifts in how firms hire, staff cases, and approach case resolution, among many other things.
LAWYERS DON’T VIEW THEIR OCCUPATION AS A PROFESSION ANYMORE AND IT SHOWS. INSTEAD, THEY VIEW THE PRACTICE OF LAW AS JUST ANOTHER JOB.
PROFILES IN DIVERSITY JOURNAL
Moore & Van Allen HEADQUARTERS: Charlotte, North Carolina WEBSITE: www.mvalaw.com BUSINESS: Law firm EMPLOYEES: 580
EDUCATION: BA, JD, Duke University MY PHILOSOPHY: I can accomplish everything I need to with a little bit of creativity and a whole lot of hard work. INTERESTS: Historical fiction, independent films, spending time with my dog Zada DESCRIBE YOURSELF IN THREE WORDS: Silly, tenacious, imaginative
VICE PRESIDENT AND DEPUTY GENERAL COUNSEL
Protecting Society While Maintaining Rights and Freedoms I believe the most significant legal challenge we face today is finding the right balance between individual rights and liberties and ensuring social justice on the other. Civil rights, including equal employment opportunity, reproductive rights (upholding Roe v Wade, etc.), and the freedom to marry who you love, are among many critical freedoms, but those freedoms may be meaningless unless we also protect our society by taking affirmative steps against the social injustices of hunger, homelessness, poor/failing educational systems, gun violence, illegal drugs, and climate change. Our future depends on getting this balance right. I don’t have the answers, but I do get frustrated by the politics that get in the way of progress. PDJ
HEADQUARTERS: Washington, D.C. WEBSITE: www.fanniemae.com BUSINESS: Mortgage finance EMPLOYEES: 7,000
EDUCATION: BA, University of Rhode Island; JD, Georgetown University Law Center MY PHILOSOPHY: Understand and do what is right. INTERESTS: Law, history, education DESCRIBE YOURSELF IN THREE WORDS: Passionate, supportive, hard-working
What has been your most memorable professional experience? In addition to various litigation victories, over the course of my career as an employment lawyer, I believe that I have made the greatest contribution by educating my clients about equal employment opportunity and providing counsel on the dayto-day decisions that ensure compliance with the law. I also feel honored that my clients have asked for, and listened to, my opinion on doing the right thing in difficult situations. Why is diversity important specifically to the legal field? The legal profession is inherently bound by tradition and precedent—we need to break free of the unconscious biases that hold us back. The focus I have seen on diversity in law firms, in-house, and the government is a great step, but it needs to evolve into a presumption that diversity in its best and true form (e.g., diversity of thought derived from different experiences) brings a value that is otherwise missing from the homogenous practice of law. To do that, those with power must create opportunities for those who would not otherwise have them—and they must shepherd them through to fruition. Once we make the table big enough to fit us all, we need to allow everyone to have a meaningful seat at that expanded table. When that happens, I trust that women and minorities will feel more comfortable staying there.
Madonna A. McGwin
I BELIEVE THE MOST SIGNIFICANT LEGAL CHALLENGE WE FACE TODAY IS FINDING THE RIGHT BALANCE BETWEEN INDIVIDUAL RIGHTS AND LIBERTIES AND ENSURING SOCIAL JUSTICE.
Jill M. Metz PRINCIPAL
Helping Change Laws on Book In my opinion, and from a perspective of diversity, the most important contribution lawyers can make is to get involved in the drafting and passage of laws. For many years of my practice I accepted the laws on the books, no matter how confusing or inequitable they were. Instead, I worked in the courts finding analysis of those laws to convince judges to decide in favor of my client, for instance arguing for my clients that a transgender parent’s custody and visitation rights could not be restricted just because the parent is transgender or that a lesbian parent could not have restricted visitation just because she took her son to a gay pride parade. This work was very powerful in changing the law. With experience, I know that legislation is just as powerful at protecting and establishing the rights of parents. Lawyers in my firm have been working on a complete rewrite of Illinois’s laws establishing parentage. This bill will provide the most progressive parentage law in the United States. This is the work that lawyers should get involved with to make true the Constitution’s promise of a more perfect union.
Jill M. Metz & Associates HEADQUARTERS: Chicago, Illinois WEBSITE: www.jillmetzlaw.com BUSINESS: Law EMPLOYEES: 4
How did you become interested in law? I found I had a lot in common with lawyers who loved their work: a curious mind, getting enjoyment from working on complex puzzles, and being able to run my own business and make my own plans. What has been your most memorable professional experience? Being the president of the board of directors of the ACLU of Illinois has been a life expanding experience. This privilege has allowed me to meet and get to know lawyers and other professionals I would not otherwise have had an opportunity to meet and to work with the organization’s staff of bright, dedicated, and committed civil libertarians. While serving in this volunteer position, the organization has been a vital part of drafting and passing through the state legislature a civil union act and a law to end the death penalty, as well as having a marriage equality bill pending. I enjoy being part of a process that works on a host of progressive legal advances with the legislature and the courts. What advice do you have for upcoming lawyers? Find what in the law you have a passion for and then find a way to do that law even if it takes time to figure it out. Practice it as a volunteer, in your extra work at a firm, or by starting your own private practice.
IN MY OPINION, AND FROM A PERSPECTIVE OF DIVERSITY, THE MOST IMPORTANT CONTRIBUTION LAWYERS CAN MAKE IS TO GET INVOLVED IN THE DRAFTING AND PASSAGE OF LAWS.
PROFILES IN DIVERSITY JOURNAL
EDUCATION: JD, Loyola University of Chicago MY PHILOSOPHY: I see my firm as a small town firm in a big city where we care about our clients and are better prepared than the other side. We are always looking for a way to expand the law to cover circumstances that start out as unique but often become the next hot legal issue. INTERESTS: I enjoy bike riding along the lakefront and across the country, adding to my unique Pez dispenser collection, and working with the ACLU to support our country’s constitutional principles. DESCRIBE YOURSELF IN THREE WORDS: Earnest, dedicated, principled
THE LAWYER SPOTLIGHT
Colin Owyang EXECUTIVE VICE PRESIDENT OF REGULATION AND U.S. GENERAL COUNSEL
Changing the World Through our Profession
HEADQUARTERS: New York City WEBSITE: www.nationalgrid.com BUSINESS: Utility REVENUES: $11.9 million EMPLOYEES: 18,000
EDUCATION: BA, MA, Yale University; JD, University of Michigan Law School MY PHILOSOPHY: Do the right thing, especially when no one’s looking, and be a lifelong learner. INTERESTS: Parenting, reading, working out, motorcycling, snowboarding DESCRIBE YOURSELF IN THREE WORDS: Down-to-earth
How did you become interested in law? I had an uncle in law enforcement and saw unfairness in the world, so the two just went together naturally. What has been your most memorable professional experience? Having mentors who saw more in me than I saw in myself. Why is diversity important specifically to the legal field? Diversity is important because the legal field is a part of our diverse society and has influence on events around us.
The world continues to move faster than our profession. Every day is another opportunity for our profession to influence the direction the world is heading. When we don’t take initiative, we lose an opportunity to make the world that much better of a place for those who come after us. We too easily find comfort in serving a client whose lead we must follow and can squander the opportunity to lead our client to the future we must create together. In every instance, the right solution is the one forged in the crucible of heated but respectful debate by passionately curious people from different backgrounds, different life experiences, different professional training, and differences of every sort, but bound by the common objective of what is best for the collective good. That discourse must be had habitually and with relish by every participant eager to see life from a different perspective and thereby expand his or her own view. It must emanate from a shared calling to seek out differences, explore them, embrace them, and integrate them into what had been one’s life understanding. The discussion must be dispassionate yet founded on unshakeable convictions of what is right, informed by advocates on every side, but adjudicated by open-minded listeners and led by clearthinking transparent communicators capable of spreading the good word. It is a calling for a profession such as ours. Let’s do the most we can with the skills of our trade to change the world or at least our little corner of it. PDJ
How can we improve diversity in the legal field? We can improve diversity one person at a time.
EVERY DAY IS ANOTHER OPPORTUNITY FOR OUR PROFESSION TO INFLUENCE THE DIRECTION THE WORLD IS HEADING. May/June 2013
THE LAWYER SPOTLIGHT
Accenture HEADQUARTERS: New York City
ASSOCIATE GENERAL COUNSEL
WEBSITE: www.accenture.com BUSINESS: Consulting, technology services, outsourcing REVENUES: $27.9 billion EMPLOYEES: 261,000
EDUCATION: JD, LLB, University of Western Australia INTERESTS: The arts, cooking and entertaining, traveling and skiing
Working to Keep Diverse Lawyers Currently, at entry level, we see roughly the same numbers of men and women and increasing numbers of diverse candidates entering the legal profession. This might seem encouraging, but as you move upwards, law at firms and in-house is often still dominated by men. Companies that are able to attract diverse talent may find themselves still asking: How do we ensure our diverse employees are successful? At Accenture, and in our legal department, we approach this issue in multiple ways. It’s important to create an environment in which all people can advance their careers. To do this, we help ensure the success of our people is always connected to our leadership. We look regularly at our hiring, retention, and performance management to better identify and understand trends or ways we in which we can improve. We have forums for our lawyers to discuss their concerns and the issues they would like to see addressed. Our leadership shares their own personal stories so our people can learn about their experiences and translate that into their own success. All Accenture people are assigned a career counselor—someone who works with you to navigate and succeed on your career path, and encourages open discussion about your personal career opportunities, goals, and work/life balance, among other things. As a whole, Accenture is a people organization and the legal group is no different. We look to attract and retain talented, motivated, and diverse individuals. We want people to want to work here and to feel they’re part of a culture that is inclusive and that will help them define success their own way. PDJ What has been your most memorable professional experience? There are two, and both involved being thrown in the deep end. The first was when I was a junior litigation lawyer and had to jump in and oversee a commercial case. The second was when I became involved in a complex transaction that involved multiple European countries. Some of these countries had never conducted such a deal so I had to learn, listen, and then persuade effectively. Why is diversity important specifically to the legal field? The simple answer is that fostering a diverse environment is not only the right thing to do but it is also a smart business decision. There are three reasons why I believe this is true. Law is a challenging profession. We need to attract and retain the brightest and best candidates. Our clients and markets expect us to be diverse. People want to do business with a company that reflects society. Diverse teams bring a richness of thinking and different perspective versus teams of people with similar backgrounds, who may have similar ways of thinking and problem solving.
IT’S IMPORTANT TO CREATE AN ENVIRONMENT IN WHICH ALL PEOPLE CAN ADVANCE THEIR CAREERS.
PROFILES IN DIVERSITY JOURNAL
Angel Shelton VICE PRESIDENT AND GENERAL COUNSEL FOR CLIMATE SOLUTIONS
Law Needs Diversity of Opinion to Function Fully and Be Fair The single most important issue in the legal profession today is the lack of representation by minorities and women in the legal field—as seen in the low levels of enrollment in law schools and the scarcity of lawyers and judges from both groups. This is an especially troubling matter, as a field as pervasive as law, one that influences all parts our world and applies to us all, needs a diversity of opinion in order to function to its fullest potential and to be fair and just to all. The current situation begs the question of whether there are enough adequate diversity programs in place to encourage minorities and women to enter the legal profession and then succeed in it. There are a number of key challenges to consider, which include: • Getting students accepted into law school, then having them graduate adequately prepared to enter the legal profession • Recruiting new law school graduates to competitive law firms or companies • Retaining them in a variety of practice areas once employed, while providing them with opportunities to be consistently mentored and developed To help resolve the issue, there are a number of steps that can be taken—ranging from developing more aggressive, hands-on programs to help drive student interest in law, to helping the best and brightest students gain acceptance to competitive schools, to designing programs aimed at assisting law students through their schooling and helping them find engaging employment opportunities. In addition, I hope that students are inspired to put forth great effort to reach their full potential, both professionally and personally, without being limited by their differences but empowered by them. It is paramount for schools and the legal profession to take notice of the shortage of minorities and women in the field today. Diversity is an integral part of how the world operates. It encourages us to appreciate the complexity of the modern world and helps us to function in an increasingly globalized economy. PDJ
Ingersoll Rand Company HEADQUARTERS: Swords, Ireland WEBSITE: www.ingersollrand.com BUSINESS: Diversified industrial REVENUES: $14 billion EMPLOYEES: 46,000
EDUCATION: BA, MBA, Clemson University; JD, University of Illinois MY PHILOSOPHY: Work hard, play hard. INTERESTS: Sports, traveling, mentoring underprivileged youth DESCRIBE YOURSELF IN THREE WORDS: Driven, committed, creative
Why is diversity important specifically to the legal field? There are many legal issues that impact people in different ways, so diverse counsel is very valuable. It’s important to have people with different backgrounds, perspectives, and experiences weigh in and provide guidance. Better, more holistic outcomes can be reached that way. How can we improve diversity in the legal field? More women and minorities need to apply and excel in law school. To make this happen, we need additional resources and programs aimed specifically at assisting women and minority law students to excel.
Michael H. Spencer SENIOR ASSOCIATE GENERAL COUNSEL
Lack of Diversity Threatens Legal Profession The lack of diversity in the legal community is the most significant issue affecting the legal profession. Department of Labor statistics show that out of the major professions, the legal profession is the least diverse. This can be attributed not only to the lack of enough pipeline efforts, but also to the attrition rates of diverse attorneys. Diverse attorneys are either not making it into law school or are deciding to no longer pursue the practice of law after a few years of practice. With the recession, it has been noted that diverse attorneys have been disproportionally affected. There have been various reasons given for such circumstances, but we are focusing on what we can do to change this continuing trend. Walmart continues to spend a great deal of its resources on pipeline efforts and we are closely analyzing which are the most effective. The legal department of Walmart also has implemented a Secondment Program, with LCLD member law firms, which gives talented diverse outside counsel associates an opportunity to work in-house with Walmart for six months. This creates a unique learning experience for the associate and helps build relationships that will enhance the associate’s career. We have had two successful programs with both SNR Denton and Littler. We are pleased with how the program has worked and look forward to building it into an even better program. We are also looking at how to build a better scorecard in which to help better rate our law firms on cost, performance, and diversity. We hope that these efforts will help reverse the trend and continue to improve the opportunity for diverse attorneys to reach the highest levels of the legal profession. PDJ How did you become interested in law? Learning about how pioneers such as Thurgood Marshall used the law to change America. Why is diversity important specifically to the legal field? Attorneys are the gatekeepers of the law and through diversity, all people can have access.
What advice do you have for upcoming lawyers? Do not be afraid to raise your hand for assignments. It will get you noticed.
DIVERSE ATTORNEYS ARE EITHER NOT MAKING IT INTO LAW SCHOOL OR DECIDING TO NO LONGER PURSUE THE PRACTICE OF LAW AFTER A FEW YEARS OF PRACTICE.
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Wal-Mart Stores, Inc. HEADQUARTERS: Bentonville, Arkansas WEBSITE: www.corporate.walmart.com BUSINESS: Retail REVENUES: $469.2 billion EMPLOYEES: 2.2 million
EDUCATION: BBA, James Madison University; JD, Washington and Lee University MY PHILOSOPHY: Take the time to invest in others. It will be your greatest legacy. INTERESTS: History and religion DESCRIBE YOURSELF IN THREE WORDS: Driven, adaptable, collaborative
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Nigel F. Telman PARTNER
Promoting Diverse Lawyers in Early Years of Practice Since I became a lawyer almost twenty years ago, efforts to increase diversity have focused almost exclusively on creating opportunities to recruit young diverse attorneys into large law firms and corporations. Indeed, such pipeline initiatives have recently expanded to include promising diverse high school students. While I certainly support these efforts and understand their value in promoting legal diversity, I believe there should be equal—if not more—emphasis on creating opportunities for diverse lawyers in their fourth, fifth, and sixth years of practice, particularly in large law firms. It is clear to me that the level of success attained by diverse attorneys over their careers directly correlates to the development opportunities available to them during these critical years. This is the time when lawyers develop and solidify their reputations with management and colleagues. If they are identified as “superstars,” they are more likely to achieve success and, as a result, stay in the organization (and the profession) longer. But to be considered superstars, young attorneys have to be given multiple opportunities to prove themselves during these early years. Such opportunities usually come in two forms: working on matters directly with an organization’s most respected attorneys, and working on matters that are the most valued by the corporation or law firm. If we want to have more successful diverse and female lawyers in the profession, we have to focus greater effort on giving them meaningful opportunities early in their careers to work with senior lawyers or to play a role in high-profile business and legal matters. Not only will such opportunities help diverse attorneys develop substantive knowledge and experience more quickly, but it will also help them build reputations as go-to lawyers for important, complex matters. The more opportunities diverse lawyers have to develop into superstars, the greater the likelihood they will continue to practice law while, at the same time, serve as role models and potential mentors for younger lawyers entering the profession. PDJ What has been your most memorable professional experience? Preparing and trying my first case to a jury. When the judge granted my motion for judgment in favor of my client without me having to present direct testimony from any of the defense’s witnesses, I understood clearly at that moment why success in the legal profession requires strategic thinking and preparation. Why is diversity important specifically to the legal field? Diversity of thought produces the best approach to any legal issue. Solutions that come from a diverse group of people will always be more creative than those from individuals who have similar backgrounds and experiences. However, the key—and often the challenge—is ensuring equal participation in the problem-solving process.
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Proskauer Rose LLP HEADQUARTERS: New York City WEBSITE: www.proskauer.com BUSINESS: Law REVENUES: $736.4 million EMPLOYEES: 1,500
EDUCATION: BS, Cornell University; JD, Boston University School of Law MY PHILOSOPHY: There is no substitute for hard work and persistence INTERESTS: Cycling, American history, architecture DESCRIBE YOURSELF IN THREE WORDS: Strategic, responsible, loyal
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Ricardo Woods PARTNER
Identifying and Solving Diversity Issues in Law The importance of recognizing the need for diversity is one of the most significant issues in the legal profession. More importantly, the failure to acknowledge the root of the cause of the lack of diversity in the profession is a hindrance to finding measurable solutions. As lawyers, we should approach a lack of diversity in our profession in the same manner as we approach other organizational problems: gather information, determine if a problem exists, identify the cause, develop a measurable solution, and implement the solution. There is tremendous strength in forming diverse legal teams, especially when it comes to diversity of thought. Law firms are better equipped and clients are better served when diverse teams of lawyers are available to provide a holistic view of the issues at hand. The differences within a client-team and the firm as a whole make an organization stronger. The legal industry will benefit from greater diversity efforts at the local and national levels. PDJ How did you become interested in law? As a kid, I really liked figuring out problems. If what I was working on in school or outside of school had a process and it was challenging, I enjoyed doing it. During my undergraduate studies in college, an older fraternity brother and I discussed his studies in law school and passion in life. It was then I realized they aligned a lot with my interests and solidified my interest in law school. What has been your most memorable professional experience? My most memorable professional experience was making partner at Burr & Forman in 2012. At this time, I became the first African American partner at a major law firm in the city of Mobile’s history. Why is diversity important specifically to the legal field? Diversity is important in the legal field because it gives us the strength of viewing our client’s problems from a number of different vantage points. People from diverse backgrounds often view problems and solutions differently. Diversity of thought provides well-rounded discourse, which leads to well-thought out solutions. What advice do you have for upcoming lawyers? Start with the understanding that you will never stop learning in this profession, which means there is always room for improvement. Learn your craft and always appreciate that as lawyers we are called to represent the interests of our clients, not our own.
THERE IS TREMENDOUS STRENGTH IN FORMING DIVERSE LEGAL TEAMS, ESPECIALLY WHEN IT COMES TO DIVERSITY OF THOUGHT.
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Burr & Forman LLP HEADQUARTERS: Birmingham, Alabama WEBSITE: www.burr.com BUSINESS: Law firm EMPLOYEES: 525
EDUCATION: BA, University of Southern Mississippi; JD, Cumberland School of Law, Samford University MY PHILOSOPHY: Act justly, show love and mercy, and above all walk humbly. INTERESTS: Reading, outdoor sports, leadership training DESCRIBE YOURSELF IN THREE WORDS: Husband, father, leader
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The Legal Issue 32
The First Amendment’s Impact on Campus Diversity BY ALANNA KLAPP
Universities are places where people from different backgrounds and viewpoints are constantly engaged in discussion. For that reason, free speech legal issues often arise. Additionally, the advent of the internet has opened up a new dimension of problems, among them academic freedom for faculty and students, freedom of association, and the blurring of the line between free speech and hate speech. These matters all impact diversity in positive and negative ways. The internet on campus brings about technologyrelated free speech concerns. Registered Patent Attorney Steve Grant says the internet makes it easier to write hurtful words anonymously one wouldn’t otherwise say in person. Universities also have to be prudent about student usage of computer facilities and online resources for allocation purposes and content, such as questionable websites. Another common free speech issue on campus concerns academic freedom among faculty and students. For example, a professor may take a controversial political or religious stand and be denied tenure. The professor then complains about the denial because of political or religious views. “In a sense that’s almost the basis of some free speech questions,” says Greg Magarian, professor of Law at Washington University in St. Louis. “Are we regulating what the people in the university community can do based on their ideas?” Universities have to be careful to uphold the First Amendment for both students and faculty who express their ideas, even if those ideas aren’t considered politically correct. Freedom of association is another hot topic within the realm of free speech. If a chapter of the Christian Legal Society bans gay members and a public university responds by withholding sponsorship, does the university have an obligation to treat all student organizations the same way? This was the question posed to the Supreme Court in 2010 in the case of Christian Legal Society v. Martinez. The Court ruled in favor of the defendent, requiring university student groups to accept anyone from the student body as a member. The line between free speech and hate speech is a
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Above, Students stroll the campus of Washington University in St. Louis. Bottom, Students in the classroom at Washington University in St. Louis learn about topics such as free speech.
more complicated matter. The term “hate speech” is not an actual legal term, rather it is a phrase used to talk about society. “I have a difficult time defining almost anything as hate speech,” says Grant. “If somebody can’t say something, they end up releasing that anger another way, like getting a gun. A lot of what’s said in a hate speech perspective shouldn’t be said if it’s not courteous speech, but it kind of goes back to ‘sticks and stones may break my bones but words will never hurt me.’ They are just words,” he adds. There are some caveats that fall into the category
Above, Students take a break and study in one of the lounges at the law school of Washington University in St. Louis. Right, Greg Magarian is a professor of Law at Washington University in St. Louis.
of hate speech, such as “fighting words.” If one person walks up to another and starts to scream insults about that person’s race, gender, or family, and incites a forceful reaction, it is not protected by the First Amendment. “It’s sort of a tricky idea, but the underlying theory has something to do with the notion that we don’t want people to provoke violent confrontations,” says Magarian. “Maybe more of a serious and important category when it comes to the idea of hate speech is that the First Amendment doesn’t protect threats a reasonable person would believe to be serious.” In other words, speech that makes others fear for their safety can be restricted. “I think that theory is pretty sound, the idea that nothing about the First Amendment is supposed to allow someone to intimidate someone else through language,” he adds. In other words, fighting words and threats are exceptions, but otherwise hateful speech can’t be regulated on campus without violating free expression. How do the legalities of free speech in higher education affect diversity? “There are a few different angles on this,” Magarian says. “Universities, public universities in particular, which are bound by Constitutional protection, have to respect free speech, and they have to honor the First Amendment. Then it gets down to what kind of diversity we’re talking about, and what the mechanisms are for promoting diversity. Hopefully free speech protections promote diversity of ideas, and encourage students with a variety of perspectives to
speak out and participate in campus life.” Protections like speech codes can have an undermining impact on diversity if students become intimidated or disaffected. “That’s a concern I think university administrators need to be aware of. If we allow speech that is critical or derisive of people’s identities, then it’s going to discourage those people from participating in discourse, discussion, and activities on campus,” he adds. What can administrators do in these types of situations? “I think universities, generally speaking, care about the bottom line, that everybody is involved, and everybody is citizens of the institution and actively engaged,” Magarian says. If free speech protections undercut diversity efforts, Magarian recommends university officials compensate by turning problems into teachable moments. “Have more discussion and dialogue around the problems of identifying critical speech,” he says. “Institutions can hit back against the speech they find offensive or counterproductive without punishing the speaker.” Universities can organize opportunities for minority students to have outlets to function as groups as well as encouraging discourse and communication among different organizations. One of the most important things universities can do is make clear the institution’s commitment to diversity in everything they do and the way they function. Students and faculty are free to say and think what they want while knowing the institution supports diversity. PDJ
The Legal Issue
Is Your Company
Prepared For Transgender Employees?
BY SCOTT M. PORTER AND ERIC S. FISHER
Labor and Employment Attorneys at Taylor English Duma LLP The recent case of Coy Mathis— the transgender Colorado six-yearold whose parents are suing the child’s school for not allowing her to use the girls’ restroom—has brought the issue of transgender rights to the forefront of the national conversation. But recent developments in the law should bring the issue to the attention of employers as well. Employers take note: if your company has not done so already, it must begin to adjust its policies, procedures, and possibly even facilities, to accommodate transgender employees. While the statistical data available regarding the American transgender population is incomplete and most likely unreliable, the number of transgender individuals living in the United States is probably much higher than many have believed. Even if your company does not currently have any transgender employees, the potential ramifications of being unprepared to accommodate such individuals appear to far outweigh the likely costs of bringing the company’s policies and procedures up to date. Recently, the U.S. Equal Employment and Opportunity Commission (EEOC) recognized that discrimination based on trans-
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gender status is cognizable under both Title VII of the Civil Rights Act of 1964 (Title VII) and the Equal Protection Clause of the Fourteenth Amendment of the U.S.
Constitution. In Macy v. Holder, the EEOC determined that discrimination based on gender identity, change of sex, or transgender status constitutes sex discrimination under
ALL EMPLOYERS NEED TO FIND SOLUTIONS THAT ARE SAFE, CONVENIENT, AND RESPECTFUL OF TRANSGENDER EMPLOYEES.
Title VII. Specifically, the EEOC concluded that “claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII’s sex discrimination prohibition...” The EEOC reasoned that, “if Title VII proscribed only discrimination on the basis of biological sex, the only prohibited gender-based disparate treatment would be when an employer prefers a man over a woman, or vice versa. But the statute’s protections sweep far broader than that …” The EEOC further explained that, “when an employer discriminates against someone because the person is transgender, the employer has engaged in disparate treatment ‘related to the sex of the victim.’” Additionally, recent federal court decisions, as well as many state and local jurisdictions, have created precedents and laws that prohibit discrimination against transgender people in employment. Among the jurisdictions that already have laws in place are some of the largest cities in America, including New York, Los Angeles, Chicago, Dallas, and Atlanta. An up-to-date comprehensive list of relevant laws can be found on the Transgender Law and Policy Institute’s website at www. transgenderlaw.org. The recent move towards increased judicial, administrative, and legislative protection of transgender employees highlights the need for employers to immediately begin the process of ensuring equitable work-
place practices for such employees. Oftentimes, employers with good intentions are left with questions about practicality and concerns about other employees. A common area of confusion and debate is what employers should do about a transgender employee’s access to facilities such as restrooms and locker rooms. The Occupational Safety and Health Administration (OSHA) requires that employers make toilet facilities available so that employees can use them when they need to do so, and the employer may not impose unreasonable PORTER restrictions on employee use of the facilities. However, because the term “transgender” encompasses “a broad range of people who FISHER experience and/ or express their gender differently from what most people expect— either in terms of expressing a gender that does not match the sex listed on their original birth certificate, or physically changing their sex,” transgender people often face the burden and distraction of being confronted or questioned by a new employer or coworkers about which gender’s restroom they should use. Wherever possible, single-occupant facilities should be made available
to, but not required for, transgender employees. (This may be especially helpful during a period of gender transition.) Employers should permit transgender employees to use the facilities of their chosen gender— even if that makes other employees uncomfortable. For individuals who are uncomfortable sharing facilities with a transgender coworker, employers should direct that employee to take advantage of the single-occupant facilities. An uneasy employee likely cannot successfully sue an employer simply for being made to share a bathroom with a transgender coworker or use a singleoccupant facility. In contrast, if an employer forces transgender employees to use facilities that correspond to their birth gender instead of their chosen gender, that employer risks a bias lawsuit. No single solution will work for every worksite and, as a result, employers handle restroom access issues with respect to their known transgender employees in a variety of ways depending on the size of the company, the resources available, the type of work performed by the company’s employees, and many other factors. Some employers implement workplace-wide restroom access policies, while others work to create a solution that fits the needs of the unit and the employee. All employers need to find solutions that are safe, convenient, and respectful of transgender employees. Working with the company’s human resources personnel to devise a practical and dignified solution to restroom access issues is essential. Your company’s employment counsel should also be willing, and able, to visit your company’s facilities and work with the company to devise a policy and training strategy. PDJ
The Legal Issue 36
Why Are So Many Female Service Members Getting Divorced? BY BARI ZELL WEINBERGER | WEINBERGER LAW GROUP, NEW JERSEY New Department of Defense statistics show that women serving in the military are now three times more likely than men to end their marriages. What does the stress of war do to marriage? In recent years, this question has been answered by Department of Defense statistics that document a dramatic rise in divorce rates among military service members since the onset of conflict in Iraq and Afghanistan. In 2011, when large numbers of active duty members began returning home, military divorce rates appear to have peaked, with 3.7 percent of married troops—or one in every twenty-seven— getting a divorce that year. We’ve also learned from these statistics that divorce disproportionately affects female service members. In 2012, military divorce rates dipped slightly across all branches and ranks, but divorces for female troops remained high. Last year, nearly one in ten female enlisted service members—9.4 percent—got a divorce, a number almost triple the divorce rate of their male counterparts during the same time period. Some point to the slowed pace of deployments and the success of marriage support and emotional health programs, such as the Army’s Strong Bonds retreats and private counseling, as the reasons why there has been a general drop in military divorces. So could it be that women still need different, or perhaps additional, kinds of support? And what about support for the female (and male) service members and their families who do end up in divorce court? States are just now beginning to respond to elevated military divorce rates by considering family law revisions that more accurately account for military obligations. A sampling of reform measures include greater flexibility in scheduling court appearances, and writing child custody plans built around military mem-
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bers’ active duty commitments. In New Jersey, for example, Governor Chris Christie just signed a new law that will essentially prevent courts from making permanent child custody decisions while a parent is on active military duty. It is being hailed on both sides as a step in the right direction. It’s ironic that at the same time the Pentagon released these latest divorce statistics, gender equality in the military recently reached a new milestone in the form of Defense Secretary Leon Panetta’s order to open over 200,000 combat jobs to qualified female troops this past January. With such a dramatic step to treat men and women in uniform the same, it’s almost unimaginable that such gender inequity persists in the success rates of military marriages. It is never easy to see those who give so much to serve our country not getting what they need to serve themselves in their own lives. As we move forward into a new era in the military, we can only hope that more attention will be paid to supporting all members of the Armed Forces. PDJ
Recognized for Excellence in Innovation by the Profiles in Diversity Journal ÂŽ 9th Annual Innovations in Diversity Awards
May 6-8, 2013 â€˘ Atlanta, GA
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The Legal Issue
The Top 5 Legal Areas Every Small Business Should Master
BY NOËLLE BERNARD The failure to understand the legal system is a major cause of the short lifespan of many small businesses in the United States. In order to help small businesses avoid becoming one of the 660,000 firms that close each year, the Small Business Administration (SBA) offers free counseling through the nonprofit association SCORE. SCORE employs 13,000 volunteers in more than 350 chapters nationwide. “Our whole concept that we’re here to help you,” says Bern Lefson, a SCORE mentor from the Northern California chapter with nineteen years of business experience. “If you want to be in business or you are in business and you’re looking for information,
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we want to give you good, honest, unbiased information so that you’re successful.” SCORE mentors recommend that entrepreneurs devote time researching all the state and federal laws and regulations specific to their particular entity and find a specialized lawyer. “Do as much research as possible on your own so when you go in to see your attorney it’s not a tremendous learning process,” advises Jack Bernard, a SCORE mentor with thirty-five years of experience in the healthcare field. Practicing attorney at the ICG Law Firm in Houston, Texas and SCORE volunteer Ingenuneal Gray says many small businesses only hire lawyers after
5 Areas a Small Business Owner Should Master
2. Understand Entity Requirements In the beginning, business owners have the option to choose if they want to be defined as a corporation, Limited Liability Company (LLC), S corporation, partnership, or a sole
proprietor. Each type of entity has its own sets of requirements and tax standards. Business owners need to know what works to protect their assets. “That will impact a lot of tax issues,” Weltman says. “It will determine which forms they have to file, when they have to file, or whether they have to pay estimated taxes or self-employment taxes.” 3. Create an operating agreement An operating agreement is a contract between the owners of the company. It establishes the structure of the company and who will handle operational decisions. “[An operating agreement] is laying out the laws and the regulations to set the structure of your company,” Gray says. “Setting up the structure makes it more formal and official.” 4. Understand business contracts Commercial and government contracts offer revenue for small businesses. Entrepreneurs need to know the details of every contract because once signed the business is obligated to complete the job. “A lot of small businesses are going after government contracts,”
1. Establish a well-written business plan Business owners need to formulate a formal plan that defines the purpose and goals of the company. The plan should also serve as a resource to help entrepreneurs stay focused on why a company formed and where it is headed. “The business plan is basically a tool,” says Phil Grisolia, a SCORE mentor and marketing consultant with twenty-five years of business experience. “It’s a road map to get you from where you’re starting to where you want to be. At the same time it’s a historical document so you can compare where you are supposed to be with where you actually are.” “The biggest stumbling block for a lot of small businesses quite honestly is managing their time,” Lefson says. “They’re so busy that they forget they have to stop and check. That’s why a business plan is important.”
DO AS MUCH RESEARCH AS POSSIBLE ON YOUR OWN SO WHEN YOU GO IN TO SEE YOUR ATTORNEY IT’S NOT A TREMENDOUS LEARNING PROCESS. —Jack Bernard
a problem develops because of budgetary constraints. “For some business owners the proper legal resources are just another expense placed on a long list of other expenses,” Gray says. “Being proactive, however, and investing in an attorney can be a major contributing factor to the success of a small business. Avoiding legal
Gray says. “If they’re getting involved with the government they need to make sure they can follow through with everything that contract entails.” 5. Distinguish between employee and independent contractors Small business owners need to be aware of all employee benefit laws in order to avoid litigations. Employees struggling financially often opt to hire independent contractors instead of employees. Hiring independent contractors allows businesses to not pay taxes on the hire, as well as maintain the “fewer than 500 employee” threshold. However, it can also lead to problems. “A lot of businesses classify their employees as independent contractors,” Gray says. “They still can be held liable for any penalties if the government or IRS finds out that they have employees classified as independent contractors.” Small business owners can avoid legal problems if they remember to rely on good marketing, a solid business plan, and well-trained people working on their team, says Gray. “If you lay the proper foundation in the beginning, your business will go far on the road to success.”
services until they are involved in a legal dispute, violation, or lawsuit can be detrimental.” Barbara Weltman, an attorney and small business advocate, says the fear of cost is not a worthy excuse. Investing in an attorney is a moneysaver, she says. “[Small businesses] don’t communicate with the professionals before there’s a problem,” Weltman says. “They should always recognize that paying a little bit in professional fees upfront can always save thousands of dollars and hours of headache down the road.” PDJ For more information on small business requirements contact a local SCORE chapter, visit SBA.gov, state business resources, or government websites such as IRS.gov.
BY GRACE AUSTIN
Founded in 2010, The Leadership express their agreement that diversity “The talent issues the profesCouncil on Legal Diversity (LCLD) is central to the talent proposition. I sion faces are much too large for was created with the mission to also hoped that my colleagues would companies to handle alone. Our develop initiatives to improve diver- affirmatively support the notion that best chance of success is if firms sity in the legal field. The LCLD diversity should be considered as a and companies work together to seeks to unite both corporate legal key part of law firm performance. find ways to win. It is clearly in departments and individual firms to I am delighted that my hopes were our mutual best interest,” asserts take action on a national level. exceeded,” says Palmore. Palmore. “Our world is diverse. The Four initiatives have been organizations that participate outlined by the LCLD to OUR WORLD IS DIVERSE. in this dynamic and evolvmove legal diversity forward. THE ORGANIZATIONS THAT ing community need to be The first, strategy and innovareflected of that, and be in looks to create a tool to PARTICIPATE IN THIS DYNAMIC AND EVOLVING tion, concert with that. The best measure diversity at law firms COMMUNITY NEED TO BE REFLECTED OF THAT, and legal departments, both opportunities for success with these organizations will take quantitatively and qualitaplace with the strongest group AND BE IN CONCERT WITH THAT. tively. The second, partnerof talent that can match the ship and teams, seeks to build —Robert J. Grey, Jr. diversity and bring the perspecpartnerships and collaboratives that are necessary to compete in For Grey, a former American Bar tions with legal entities interested in this global economy,” says Executive Association president, the LCLD diversity, while the third, developDirector Robert J. Grey, Jr. came from a realization that diverment, works to educate and develop Rick Palmore, general counsel, sity in the legal profession was flat diverse lawyers’ careers. The final executive vice president, and chief lining. “We felt like we plateaued in goal of the LCLD is to support procompliance risk management offithe diversity numbers. While we are grams that encourage diverse people cer and secretary at General Mills, gaining more women and minorito enter into the legal profession. sought to create more diversity in ties in the incoming ranks, we are These have all been formed into the legal field. Drafting a letter in losing them before they get to the separate committees, which work to 2004, “A Call to Action, Diversity leadership ranks. So the idea was to tackle these issues. in the Legal Profession,” to his focus on preparing lawyers with the “The leadership model is really colleagues, it eventually led to requirements and dynamics when it based on accountability. If we are the creation of the Association of comes to the profession and higher going to expect results and require Corporate Counsel program Call positions,” continues Grey. “We action, we’ve got to be there parto Action. More than 120 general wanted to make sure they have the ticipating, not just demanding. counsel signed the Call, agreeing to tools to do this.” This group of leaders is saying that evaluate their own departments and The organization counts 215 they’re not going to ask somebody outside law firms’ diversity efforts. overall membership organizations, to do something that they won’t do This ultimately led to the formation comprised of seventy-six corpothemselves,” relates Grey. of the LCLD, for which Palmore rate legal departments and 139 The LCLD has also instituted a now chairs. law firms. The LCLD, more than number of programs, some with a “I am not sure what I expected anything, creates a unity between focus on mentoring, like the LCLD [when I wrote the letter], but I cercorporate legal and law firms, two Law School Mentoring Program tainly hoped my colleagues would traditionally disparate groups. and the LCLD Fellows, and others
PROFILES IN DIVERSITY JOURNAL
THE Legal issue
Actionable Gains at Legal Diversity Nonprofit
Bottom left, Participants in LCLD’s Fellows Program meet at annual meeting in Washington, D.C. Top left, Clorox General Counsel Laura Stein (right) with LCLD 1L Scholars at Chicago retreat. Top right, Past LCLD Chair Rick Palmore (left) and Executive Director Robert Grey.
with an emphasis on pipeline issues, like the LCLD Scholars Program, Pre-Law Workshops, and the SALT/ LCLD Pipeline Partnership. The LCLD Fellows program, for example, the first at the organization, gives selected attorneys a one-year immersion in networking, personal branding, relationship building, and stewardship and leadership skills. The Fellows, a majority of whom are mid-level attorneys, are nominated by their organizations. They participate in “leadership lunches” three times per year with general counsels and managing partners, and quarterly “learning experiences,” in which a general counsel invites Fellows to visit a corporate site and learn more about the general counsel experience. “The LCLD Fellows Program is one of the most transformative experiences I have had in my career,” says DLA Piper Partner and former Fellow Angela J. Crawford.
“The Program acknowledges that lawyers who are exceptional leaders must combine technical expertise with relationship building, networking, emotional intelligence, and mentoring/sponsorship. I left the Program with a renewed commitment to make myself and my organization better.” For Grey, the flagship Fellows program could arguably show the most return on investment for the law firms and corporate legal departments that participate. “I think it really shows the value of providing these tools to be successful and opportunities to build relationships,” relates the executive director. The pipeline programs offer resources and aid to both law students and potential students and law school personnel that have a direct impact on admissions and retention. “Through these programs a lot more students are getting exposure to this environment,” says Grey. “We
think as a result of that more lawyers and law students are looking to this part of the legal profession as a viable means of future employment.” The LCLD sets itself apart through its work with law firms and corporate diversity alike. What makes it so successful, though, are the experiences of the diverse lawyers that participate in their programs. Former Fellow Bill Simonitsch, a partner at K&L Gates, was nominated by his firm to participate in 2012. “As a diverse attorney, when I see that a corporation or firm belongs to the LCLD, it tells me that diversity and inclusion is truly being incorporated as part of the DNA of that organization,” says Simonitsch. “So long as more companies and firms prioritize diversity and inclusion in that way, then the future looks brighter in terms of improving the numbers of diverse attorneys at the upper levels of firm management and corporate structure.” PDJ
The Legal issue
Obama Administration 2.0:
What’s at Stake for Employers During Barack Obama’s first term as president, most of his proemployee legislative agenda was stymied by Congress. Undeterred, the Obama Administration turned to administrative agencies such as the Department of Labor, National Labor Relations Board, and the Equal Employment Opportunity Commission to move forward its workplace agenda. The stakes continue to be high for employers during President Obama’s second term, particularly in the diversity-focused areas of equal employment opportunity and immigration. Equal Employment Opportunity: The EEOC’s Top Priorities The Equal Employment Opportunity Commission (EEOC) is definitely in enforcement mode, increasing its charges filed from 75,000 in 2006 to nearly 100,000 in 2012, with over $36 million in recoveries against employers during
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last year alone. In fact, the EEOC resolved 111,139 charges during the 2012 fiscal year, which resulted in larger recoveries against employers: $36.2 million compared to $9.6 million just the year before. On December 17, 2012 the EEOC issued a Strategic Enforcement Plan with six priorities: • Hiring and recruitment discrimination, including the use of such screening tools as background and credit checks, which disproportionately impact applicants from protected groups • Equal Pay Act claims • Retaliatory practices or policies, especially those aimed at employees who pursue legal rights • Emerging discrimination claims involving disparate age impact, leave policies that violate the Americans with Disabilities Act (ADA), and gender-stereotyping • Systemic harassment • Human trafficking
Based on the EEOC’s new strategic plan, and cases it has recently pursued, there is an expected emphasis on hiring and recruitment discrimination claims involving screening tools such as criminal back ground checks, torypolicies, and under the Americans with Disabilities Act, leave policies that result in the terminations of employees without a determination of whether additional leave can be accommodated. During the last two years alone, the EEOC has accomplished significant settlements (more than $30 million total) and victories in a variety of cases, five of which involved ADA violations. These cases challenged discriminatory employer leave and attendance policies, (for example, an employer’s failure to give reassignment preference to a disabled person), and obesity and obesityrelated problems as a disability. As the EEOC carries out its Strategic Enforcement Plan, employers can
expect more aggressive and creative EEOC claims. Immigration Law: New Reforms, More Enforcement The president’s 2013 State of the Union address called for attracting more skilled labor and establishing a “responsible pathway to earned citizenship” for undocumented workers. This dovetails with the proposed Senate bill called the Immigration Innovation Act (I-Squared Act) that would make it easier for employers to recruit and retain highly skilled workers. Key components of the I-Squared Act include: • Increasing the annual cap on nonimmigrant employment-based H-1B visas from 65,000 to 115,000, which could be adjusted up to a 300,000 visa ceiling if economic needs dictate • Eliminating the 20,000 per year cap on existing U.S. advanced degree exemptions • Giving employers authorization to employ dependent spouses of H-1B visa holders • Eliminating annual per-country limits for employment-based visa petitioners and adjusting per-country caps for family-based immigrant visas • Rolling over unused green card numbers approved by Congress in previous years • Exempting from the employment-based Green Card cap those immigrant workers with advanced degrees in science, technology, engineering, and math (STEM) from U.S. schools, dependents of employment-based immigrant visa recipients, outstanding professors and researchers, and others with extraordinary ability Employers will still be obligated to verify the immigration status of their
employees. In this regard, there is a push for increased use of the government’s E-Verify internet-based system that crosschecks I-9 employment eligibility verification forms with data from the Department of Homeland Security and the Social Security Administration. Use of E-Verify is not mandatory unless the employer is a federal contractor. An increasing number of states, however, have passed laws mandating that employers enroll in E-Verify. This could pose major problems for employers if it becomes a nationwide mandate, as the system’s major accuracy problems could result in millions of errors. Finally, immigration law compliance and enforcement will continue to be at the forefront during President Obama’s second term. In 2012 alone, the U.S. government spent nearly $18 billion on immigration enforcement, primarily targeting employers. Since January 2009, Immigration and Customs Enforcement (ICE) has audited more than 8,000 employers, debarred more than 700 companies, and imposed more than $87 million in fines and sanctions for violations of the law. This increased immigration enforcement means employers must be proactive about employment verification by conducting internal I-9 audits and reviewing and revising current I-9 policies as needed. Above all, all human resources personnel and supervisors should know the I-9 form requirements, and companies should implements proper I-9 recordkeeping rules. Other Second Term Priorities Beyond diversity issues, other key workplace regulatory priorities loom
in the next four years: • Wage and Hour Law. The Department of Labor (DOL) Wage & Hour Division (DOL) has made eradicating unpaid working time due to alleged misclassification of employees as independent contractors or as overtime-exempt. • Labor Relations. On January 25, 2013, in Noel Canning v. NLRB, the D.C. Circuit Court of Appeals held that President Obama’s three recess appointments to the NLRB early in 2012 were constitutionally invalid. The court’s ruling jeopardizes the enforceability of nearly 1,000 mostly pro-union NLRB decisions issued by the Board since January 3, 2012. There is a good chance validity of the recess appointments will be addressed by the Supreme Court. Meanwhile, the enforceability of the decisions issued after January 3, 2012 remains uncertain. • Healthcare. The mandates and penalties imposed by the Affordable Care Act (ACA) will be a significant challenge for employers. Starting in 2014, employers with more than fifty full-time employees are required to provide health insurance or else pay a penalty if at least one employee joins the ACA’s insurance exchange and receives a subsidy. And an employer that has fifty or more full-time employees, does not offer “qualified” coverage and has least one full-time employee will be assessed a “free-rider” penalty. The message is clear: every employer must prepare for major employment law changes that will have definite compliance impact during the Obama Administration’s second term. PDJ
Charles Wilson, Esq.; David Barron, Esq.; Nelsy Gomez, Esq.; Dan Schuch, Esq.; George Voegele, Jr. Esq.; and Michael Schmidt, Esq., are members of the law firm Cozen O’Connor and can be reached at www.cozen.com.
THE Legal issue
A vigil in India last year in response to the New Dehli gang rape of a 23-year-old woman who later died from her injuries.
BY GRACE AUSTIN Discrimination against women by laws, policies, and other legislation around the globe is still a major impediment to gender equality, despite all the progress made towards female empowerment throughout the world. These issues, according to the UN, include laws discriminating against or not protect-
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ing women from a too-early age of marriage, nationality, divorce, obedience laws, marital rape, honor killings, polygyny, employment, education, sexual harassment, and female genital mutilation. Many countries have contradictory laws that prohibit discrimination but keep exceptions for cases of
Photo rights reserved by AJstream
Womenâ€™s Discrimination Around the World
Family Law Issues In some nations, like Kenya, Zambia, and Malaysia, their constitutions prohibit discrimination, but they allow discrimination in the practice of customary law and personal law, which includes marriage, divorce, and custody of children. And Uganda, unfortunately, still allows the existence of legislation and practice on polygamy, forced marriage, and bride price, which discriminate against women. While the average age of first marriage for American women is 26.9 according to the U.S. Census Bureau, and most states require people to be at least 18 years of age, across the globe there are wide disparities in the legal ages of females versus males. For example, in the Democratic Republic of Congo (DRC), girls can marry at 15, boys at 18. In Guatemala, girls have to be only 14 years old as opposed to boys who can marry at 16. In Japan, girls can marry at 16 and boys at 18. While the general rule in Syria is that girls can marry at 17 and boys at 18, girls can receive permission to marry at 13 (boys at 15), if they have reached puberty. These exemptions have led to girls marrying at 12 or younger, for example, in the Philippines or in Iran. A majority of early marriages, though, are in Africa. While cultural differences abound internationally, and definitions of adults do as well, it cannot be disputed that girls of these ages are too young to marry. Early marriage keeps girls from further education and job opportunities, prevents girls from choosing their spouse and playing a more equalized role in their marriage, and can have negative health implications for them and
the health and well-being of their family and children in the future. Says Nepalese-born author J.S. Basnet, herself a victim of an early marriage, “I was married too young, and was physically and emotionally abused. When a person is married too young or they are unequal in the marriage, that’s where the problem is. The lesson starts from home—to first get educated, so that somewhere down the road we can be independent. So when you are educated your marital status will be equal to your partner.” In addition to the issues of marriageable age, many women face discrimination in relation to custody of children. Many countries’ laws still see the father as the legal guardian of the child. The mother, if she can, has to fight to gain custody. In countries like the DRC, the father has paternal authority, and the mother is not permitted to have sole guardianship of her children. Hindu and Muslim law also see the father as the legal guardian of the child. In countries like Malaysia which recognize parental rights by religion, these laws continue to discriminate against women and mothers. And paternal authority often carries over into other issues. Obedience laws, which often prohibit a woman’s right to movement, keep women discriminated against in many nations throughout the world. The husband is given the status of “head of household,” which curtails many freedoms like where a woman can live, ability to move freely, whether a woman can work or study, and more. Such laws are prevalent in Niger, Pakistan, Egypt, Cameroon, and Sudan. Fox Rothschild Partner Richard Cohen describes the reasons behind the continued strength of obedience laws. “In a traditional, or a closed society,
THE LESSON STARTS FROM HOME— TO FIRST GET EDUCATED, SO THAT SOMEWHERE DOWN THE ROAD WE CAN BE INDEPENDENT. SO WHEN YOU ARE EDUCATED YOUR MARITAL STATUS WILL BE EQUAL TO YOUR PARTNER.
“family law.” Most of the former issues fall under the heading of family law.
IT IS TRUE THAT MARITAL RAPE HAS BEEN AN EXEMPTION FROM CRIMINAL PUNISHMENT OF RAPE UP TO THE LATEST TIMES, EVEN IN COUNTRIES WITH A DEVELOPED LEGAL SYSTEM.
—Dr. Csilla Kollonay Lehoczky
for example, some of the countries today we call the “third world,” or where there is fundamentalism present, any attempt to change or break traditional cultural models, especially if it’s done very rapidly, results in a death grip on the old ways. Whenever that veneer of paternalism is ripped away, those that are the most threatened try to regain the status quo,” says Cohen. Within marriage there are other issues, like nonconsensual sex or rape. The legal systems of Kenya, Ghana, Ethiopia, and Nigeria permit nonconsensual sex during marriage. In addition, The Centre for Reproductive Rights names Cote D’Ivoire and Benin as nations that do not recognize rape during marriage. Nepal only recently changed their laws on marital rape. In 2002, the Forum for Women, Law and Development (FWLD) brought a case to the Nepal Supreme Court invalidating the provision of the criminal code that allowed men to rape their wives. The Court ordered the government to outlaw marital rape, although the penalty was set at only six months in jail. Dr. Csilla Kollonay Lehoczky, professor of law at Central European University, explains the historical background of nonconsensual sex in marriage. “It is true that marital rape has been an exemption from criminal punishment of rape up to the latest times, even in countries with a developed legal system. It originated historically in part from the perception of women as property of the man (first of the father and later in marriage, which was more of a sales contract between the father and the husband than a freely consented relationship between the spouses), and therefore at free disposal for his use,” says Lehoczky. “[Although it must be
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said that] the acknowledgement of the personal dignity, autonomy, and self-determination of all human beings does not permit treating anyone as a commodity and marriage cannot place women under the hierarchical power of the man.” Obedience issues also include honor killings, in which someone is hired to or a family member murders a female because of behavior or alleged behavior that is perceived to bring shame on the family. Many nations have not enacted legislation to prevent these crimes, inadvertently overlooking honor killings altogether. Some countries even sanction them in certain cases. In Haiti, for example, the law allows the murder of an adulterous wife by her husband. On a related issue of marriage, polygamy, long seen as a peculiar practice of fundamentalist sects in the West, is still practiced widely in Africa, Asia, and the Arab World. Polygamy is even sanctioned by the African Union. As stated in the African Protocol on Women: “[M]onogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected.” As in other cases favoring religious freedom over female discrimination, the African Union cites customs and religious rights, specifically of the Koran, for why polygamy is protected. Divorce is much more difficult to obtain for a woman than a man in certain countries as well. While women may have to go through arduous arbitration, in Malaysia men are simply asked to pay a small fine to divorce their spouses. Similarly, in Sudan men do not have to see a judge to divorce, nor do they need a wife’s agreement—
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THE LAW IS A GOOD FIRST STEP, AWARENESS OF PEOPLE’S RIGHTS IS A SECOND STEP, BUT UNTIL YOU CHANGE THE ATTITUDES OF PEOPLE, NOTHING IS GOING TO CHANGE.
when they will the divorce, it is done. In addition, women’s rights to equal dispersement of property, if any dispersement, after divorce, are negligible. This often relates back to the value of the work women do in the home versus work men do outside of the home. For example, Human Rights Watch’s Double Standards: Women’s Property Rights Violations in Kenya notes that 95 percent of all property in Kenya are owned by men. Consequently, property ownership in Kenya traditionally passes through the male line. This goes even further to suggest that there is gender discrimination and severe inequity in property ownership in many nations. “Owning property is, of course, an indispensible precondition for civil and economic autonomy,” says Lehoczky. “Thus the laws preventing daughters from inheritance or placing their inherited or earned property under the disposal of their husband (or father or brother) have seriously limited an improved social and legal position.” Changes are being made. The Constitutional Court of South Africa, for example, in a landmark case outlawing primogeniture and the customary law in 2004, stated that “the principle of primogeniture … violates the right of women to human dignity … it implies that women are not fit or competent to own and administer property… Its effect is also to subject these women to a status of perpetual minority, placing them automatically under the control of male heirs, simply by virtue of their sex and gender.” Cohen, though, points out the importance of societal, grassroots change in reducing gender disparities and discrimination. “Most of these countries have enlightened laws against [gender discrimination]. Despite that, many
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of these countries are still pretty backwards. The law is a good first step, awareness of people’s rights is a second step, but until you change the attitudes of people, nothing is going to change.” Employment Many countries that seemingly are regarded as intolerant to discrimination and advocates of gender equity still scrapple with issues of a gender pay gap, including the U.S. and much of Europe. This is despite many laws that guarantee equal work for equal pay, including the U.S.’s Lily Ledbetter Fair Pay Act. “Labor market participation of women has the longest history of discrimination (preceding political rights and changes in family law); at the same time the removal of direct and indirect discrimination in employment seems hard and slow,” says Lecohzy. “The presence of discrimination (the ‘glass ceiling’) is reflected by the low proportion of women in executive jobs as well as in positions with highest economic rewards. The wage differences in Europe are still about 15 percent between sexes, showing the presence of discrimination even in less visible ways.” Women also face discrimination barring them from all job opportunities. Although the U.S. recently paved the way for female soldiers in combat, women are not allowed to be in certain positions of combat in New Zealand, Australia, the U.K., and Nepal. Most countries, however, have overturned rulings against traditionally male work that were thought to endanger women. “Legal barriers have mostly been removed and a significant development is the removal of so-called ‘benign discrimination’ as well, i.e. lifting barriers from women to undertake hard or hazardous jobs as well. Even if this
GOOD LAWS THAT PUT WOMEN ON AN EQUAL FOOTING WITH MEN ARE NECESSARY TO PROTECT AND PROMOTE WOMEN’S RIGHTS AND FACILITATE THEIR FULL SOCIAL, ECONOMIC, AND POLITICAL PARTICIPATION.
latter trend has seemed contradictory for many, international regulations have taken this approach. This includes the withdrawal of the majority of countries (including all developed countries) from ILO convention prohibiting, for example, the night work of women,” says Lecohzy. “The emphasis of protection instead has been transferred to pregnant women and women after childbirth, thereby guaranteeing both the necessary protection and equal opportunities.” Going back to issues of parental or spousal consent, in countries like Nepal and the DRC, there are laws prohibiting women from working without receiving consent. Additionally, laws preventing women from working while pregnant or terminating them from their position if they become pregnant are acknowledged by human rights organizations as being discriminative. Progress on Legal Reform According to the UN, 173 countries now guarantee paid maternity leave, 139 constitutions guarantee gender equality, 125 prohibit domestic violence, 117 outlaw sexual harassment, and 117 have equal pay laws. There has been tremendous progress in the number of women elected to parliaments and congress, too. As of January 2011, 51 percent of the Rwandan governing body are female. Women represent 30 percent or more of the legislature in Cuba, Costa Rica, Spain, South Africa, Nepal, Norway, Sweden, Germany, New Zealand, Tanzania, Iceland, Macedonia, Mozambique, Angola, Finland, Guyana, Ecuador, Bolivia, and Argentina. The UN has proposed recommendations to improve legal and justice sys-
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tems for women globally. They include supporting women’s legal organizations, using quotas to increase women legislators, increasing numbers of women law enforcement officers, training judges, and implementing gender equitable law. As Basnet says, “Right now we need global legal reforms to be made so we can have equal rights, equal opportunities, bring awareness to spousal abuses, and create awareness in children of abuses. I think there should be easily accessible resources, such as phone numbers where we can reach people, so we can solve [crimes and legal issues] within a [certain] timeframe and without going through a legal hassle. That’s what I think the legal reforms should be based on because we are really behind [in those issues.] There’s millions of women like us that go through hell in life, and they treat us like an object. We are not objects.” With the help of government intervention, NGOs, and organizations like the United Nations, hopefully progress will continue to be gained in this area. “Good laws that put women on an equal footing with men are necessary to protect and promote women’s rights and facilitate their full social, economic, and political participation,” says Jacqui Hunt, director of the London Office and head of Discrimination in Law for international human rights organization Equality Now. “Though the law on its own can’t fix the situation, it is the starting point, because laws both send a signal of the values of a society and provide the opportunity for legal redress in the breach. Legal equality gives women more of a level playing field from which to build their capabilities and realize their hopes and dreams, positively affecting development of society in general.” PDJ
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The Legal Issue 52
ThoughtLeaders | For this issueâ€™s Thoughtleader, we chose to address how law has changed to support diversity in the workplace. We asked each individual to explain how they or their organization are personally changing the status quo. The myriad of issues our authors wrote on underscores the important legislation and changes in the law and legal field currently going on. The emphasis on changes at individual firms reinforces the incredible work going on at firms throughout the country.
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Diversity on Teams Renders Better Results By Nicholas Even, Partner and Co-Chair, Attorney Diversity Committee, Haynes and Boone, LLP
T HAYNES AND BOONES ,
diversity on our legal teams renders better results for our clients. Our Diversity Committee is comprised of twenty-one partners, thirty-three senior attorneys and associates, and nine key staff members. We meet as a group monthly, but also work very efficiently within our seven subcommittees: Minority Attorney Initiatives, Women Attorney Initiatives, LGBT, Working Parents, Pipeline Initiatives, Recruiting, and Business Development & Technology. The work of the Committee and subcommittees has led to the adoption of diversity and equalityrelated policies and programs, and the implementation of new initiatives designed to drive the hiring and retention of our diverse lawyers. We strive to be proactive, not merely reactive. For example, an increasing number of states, counties, and municipalities have adopted laws protecting against discrimination based on gender identity or expression. Long before many of those laws, however, Haynes and Boone included gender identity within its Equal Employment Opportunity policy, and included transgender issues within its workplace training. We recognize that our ideals are only as strong as the actions we take to uphold them, and we remain open to new initiatives that will help us realize our goal. PDJ
Federal Law Exemptions Must Be Challenged By Elizabeth Williams-Riley, President and CEO, American Conference on Diversity
ROM THE REPEAL of Don’t Ask Don’t
Tell to the New York City law that makes it illegal for employers to discriminate against unemployed applicants, the law is paving the way to create more inclusive workplaces for our ever-diversifying nation. Drastic economic challenges—high unemployment rates and military re-entering the civilian workforce, for instance—are further shaping legislation to support changing work environments. As a result, employers (and employees) are keenly more aware of discrimination based on race, ethnicity, national origin, creed, gender, religion, age, or disability than a decade ago, and some organizations are upping the ante to go above what’s required by federal law. Still, while
many corporate policies have been rewritten to be more inclusive, policy and practice are not the same. The history and evolution of fairness in the workplace has proven time and time again that intent does not always equal impact. Numerous exceptions to federal law must be challenged: • In twenty-nine states it’s perfectly legal to fire someone for being gay, and in thirty-four states you can be terminated if you’re transgender. • Only if you’re a member of a protected status and have been mistreated by a person who is not a member of a protected group can you claim that you were harassed at work. • Only people who are forty years old or older are protected against discrimination based on age.
We need to dramatically increase the scope and scale of social justice policy to achieve a more fair and just society. The American Conference on Diversity provides diversity training (professional development and community programs) to about 2,500 employees nationwide each year. Our programs include harassment prevention forums, antibias training for corporate executives and educators/administrators, human relations education for youth, and cultural competency learning for healthcare professionals. Led by those from the public and private sectors, the American Conference on Diversity is working to build a lasting legacy of social justice change. PDJ
Female and Male Numbers in Law Still Unequal By Stacy L. Douglas, Partner, Los Angeles, Wood Smith Henning & Berman LLP
he low percentage of women partners at American law firms is a much-discussed topic. Recent surveys conducted by The National Association of Women Lawyers and the National Law Journal report the percentage of women partners in the country’s largest law firms has basically remained unchanged over the past decade, with only a 2.3 percent improvement since 2003. Many reasons have been suggested for this lack of progress, and in response, the majority of larger firms have instituted high-profile mentor programs, women’s initiatives, and leadership academies to address the problem. And yet the numbers remain basically unchanged. But there are some exceptions. At our firm, 41 percent of the partners are women, providing a welcome contrast to an otherwise bleak scenario. As a partner at the firm, I’m often asked how we accomplished this, and I can point to a variety of factors. Here are a few: As noted by a founding partner, Stephen Henning, the firm began in 1997 with a strong desire to do things differently and not reproduce the limiting models of the past. And a major priority was recruiting and promoting
women to partnership. It wasn’t just talk: the first two outside attorneys to be made partner were women—one of whom was seven months pregnant at the time. One of these early partners, Victoria Ersoff, became head of recruiting, a key factor in bringing in additional women. Ersoff was able to reassure potential women associates who already had children or who were planning to start families that it simply made no difference to the firm or to their own career prospects. We also recognized that new technologies would bring great benefits to both attorneys and clients. Wood Smith was one of the first firms to purchase Blackberries for both partners and associates and to set up a Citrix network for offsite work. This allowed mothers (and fathers) the flexibility to work from home or to leave the office while still remaining available to clients and co-workers. Finally, recruiting partner Ersoff—who wanted to be a lawyer since she was a young child— makes a strong effort to indentify both women (and men) who have a similar passion to practice law, and who see their job as more than a paycheck. PDJ
Tides Beginning to Turn for Undocumented Illegals By Evie Jeang, Managing Partner, Ideal Legal Group, Inc.
olitics have played a large role in pushing immigration reform, however many people still don’t know the hard facts about immigration, making legitimate and longstanding reform more difficult to achieve. I regularly represent illegal immigrants seeking to gain U.S. citizenship, and know first-hand the complexities and contradictions of immigration laws. In the coming years, immigration will be a prime issue for both political parties. I think we will see simplified paths to green cards and U.S. citizenship for educated and informed immigrants. I believe the tides are beginning to turn in favor of the large undocumented immigrant population in the U.S. I find that many of my clients are less afraid of being deported and more willing to take ownership of their citizenship through the proper legal channels. However, I also believe there is still much work to be done. The pressure remains on Congress to pass legislative reform and address the growing concerns of those citizens ‘documented’ and ‘undocumented’ alike. I hold positions on the board of the Alhambra Educational Foundation and the Asian Youth Center, where I am actively involved with Asian and Latino
youth and community-building projects. Recently I was the first place recipient of the ARAG Helping Hands Sponsorship, earning my firm money to provide a free legal clinic for our 2013 Law Day event, “Realizing the Dream: Equality for All.” The event will be held in Los Angeles’ Chinatown area and will counsel residents on how to prepare for the naturalization process. I started my own practice with the goal of establishing a firm environment where diverse attorneys take a hands-on approach to the law, working with their clients face-to-face and having an impact in the community. My commitment to helping immigrants permeates through all aspects of my firm’s business model, down to the cases I select and the attorneys I hire. To be the best, U.S. companies need to be able to hire the best employees, regardless of where those employees are from. As the founder of my own business, I would rather consider the skills of my employees instead of their nation of origin. PDJ
Growing Desire for Diverse Mix of Lawyers By William J. Snipes, Partner, Sullivan & Cromwell LLP
HE COMMITMENT OF our clients to
principles of diversity and inclusion has been instrumental in helping to change the status quo. For more than a decade, there has been a growing trend in the number of clients proactively seeking to ensure that a diverse mix of lawyers are assigned to their matters, including, for example, requiring law firms to periodically report detailed information about their efforts to recruit, retain, and advance women and diverse lawyers. In more recent years, our clients have started rewarding external lawyers for achieving diversity milestones by instituting varying levels of “preferred provider” status and
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publicly honoring law firms at annual diversity events. We have also been a leader in collaborating with clients on diversity initiatives, including programming, panel discussions, and networking and awareness receptions. We have been proactive in demonstrating our commitment to diversity and providing opportunities for our lawyers and clients to participate in advancing our diversity objectives. In the past year, our Diversity Committee has hosted and cohosted numerous diversity events with clients. For example, we hosted a screening of Trevor, a seventeen-minute, Academy Award-winning short film that inspired its creators to establish
The Trevor Project, an organization that provides crisis intervention and suicide prevention services, which many of our largest clients attended. We also hosted a presentation created by a client called The Good Black, which was attended by members of our Network of Black & Latino Lawyers. The firm’s Women’s Initiative Committee annually cohosts with a client a reception launching a week-long clothing drive to benefit Dress for Success. This collaboration is key to making real progress on having a more diverse and inclusive legal profession. PDJ
WORKING TO IMPROVE FAMILY AND MEDICAL LEAVE By Lecia Johnson, Shareholder, Godfrey & Kahn, SC
n recent years, laws have been clarified and expanded to reflect the evolving family structures of employees. For example, the U.S. Department of Labor (DOL) has issued an Administrator’s Interpretation under the Family and Medical Leave Act (FMLA) which clarifies that family leave is available not only to biological parents, but other individuals, such as grandparents that serve as caregivers to their grandchildren. In addition, the DOL has clarified that family leave is available for adult children suffering from mental or physical disabilities. Some states have also implemented changes to their laws providing for access to medical benefits to domestic partners. These recent changes support diversity in the workplace and have generally resulted in positive results for all employees who may benefit from the expansion and clarifications of these laws. At Godfrey & Kahn, our firm has worked to design policies and practices that allows our employees to benefit from family leave and medical benefits in a manner that accommodates their modern family structures, all while maintaining their presence and positions within our organization. Through our firm’s Women’s Leadership Forum (WLF), we have continued to monitor new and effective ways to allow our employees to benefit from our leave policies. Our firm has gone beyond the FMLA requirements and allows for paid leave for its attorneys even when FMLA does not require such leave to be paid. In addition, we have adopted a “ramp down/ramp up” policy for attorney associates to address billable hour concerns when attorneys take advantage of our family leave policies. Our medical benefits policies are accessible by domestic partner and adult children of our employees. We believe that these policies and practices enhance our firm’s ability to create an appealing work environment to both maintain and attract a diverse group of employees. PDJ
Diversity in The Legal World: Industry Slow To Adapt But Now Part Of The Discussions By Regina Speed-Bost, Partner, Schiff Hardin, LLP
LTHOUGH THE AMERICAN legal system has
directly addressed the barriers that exist for diverse workers, sadly the legal profession has been slow to adopt the very changes that laws we help shape are intended to bring. Yet, as with any profession, time and circumstance have changed the practice of law to recognize the untapped treasure of diverse attorneys. The most significant change has been in the dialogue that exists around diversity. It is refreshing that it is no longer taboo to discuss within corporations, law firms, and government the impact that policy changes and rules implementation will have on diverse communities. Rather than presume no impact or ignore when policies, rules, or regulations may unexpectedly affect one segment of the workforce, diversity is now part of the analysis. Recognizing that opportunity is the starting point for success, many organizations have developed mechanisms to maximize the opportunities for the diverse members of their workforce. I have personally served on and as chairperson or cochairperson on several diversity committees, including the diversity committee of a bar association, each of which have focused on ways to increase leadership opportunities within those organizations. Corporations have executive and leadership training programs, many of which target diverse populations. In the private practice of law, firms are regularly asked to respond to client inquiries and requirements concerning the diversity within the firm and on the client’s respective service team. Clients repeatedly voice they want to know who is working on their matters, who is receiving the financial benefit of their matters, and that diverse attorneys have the opportunity to do both. To ensure that Schiff Hardin is presenting its best team in all instances, our managing partner now evaluates every new proposal to service a client in terms of subject matter expertise, diversity, and experience. In the future, reasonable metrics and success measures are needed to track progress. Organizations will need to work to ensure that the initiatives undertaken thus far continue and their level of success is determined. Here, too, the dialogue about diversity and inclusion must continue to ensure that future policies, rules, or regulations do not affect one segment of the workforce to a larger degree or more negatively than another. PDJ
Employment Diversity Necessary By Gregory B. Jordan, Global Managing Partner, Reed Smith LLP
EGISLATION IN THE past fifty years,
including Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Lilly Ledbetter Fair Pay Act of 2009, support workplace diversity. These legislative prohibitions on employment discrimination on the basis of race, color, religion, sex, national origin, ability status, and gender foster workplace climates in which diversity can thrive, but they do not require workplaces to become more diverse. Nondiscrimination as the law of the land is a first step, but the journey to diversity within a law firm or the profession is significantly longer. Absent a legislative mandate, it is the responsibility of employers to create employment policies and strategies that effectively recruit, promote, and retain diverse employees in all positions. Although the legislative requirements for employment diversity are weak, the business case is strong. In thirteen years at the helm of Reed Smith, I have encouraged the design and implementation of numerous initiatives that have transformed our firm into a significantly more diverse organization. I count participating in the formation of the Leadership Council on Legal Diversity as a major contribution. LCLD focuses on uniting the legal industry’s senior leaders in law firms and corporations into one organization to resolve the enormous diversity challenges of the legal profession. Other contributions launched during my tenure include: CareeRS, which delivers tools and mentoring to all attorneys that have been particularly beneficial for diverse attorneys’ career trajectories; the Women’s Initiative Network (WINRS), which promotes gender diversity and women’s work/life balance; minority scholarships, which identify and support diverse law students; and LGBT employment outreach and supports. Diversity is a core commitment of Reed Smith. The firm and I are dedicated to leading the profession toward achieving a diverse and inclusive workforce. PDJ
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Why Diversity Matters at Prudential By Richard E. Meade, Vice President and Chief Legal Officer - International, Prudential Financial, Inc.
rudential General Counsel Susan Blount has created a culture within the Law, Compliance, Business Ethics & External Affairs Department (LCBE) that makes commitment to diversity and inclusion in our department and in the legal profession a core value. LCBE actively works with and supports local and national diverse bar associations, provides a talent pipeline to create opportunities for diverse students and recent law school graduates, nurtures an inclusive atmosphere within LCBE through our Diversity Council, and our expenditures on outside law firms are tied to diversity goals. I have had the privilege to help design and lead this array of programs for our Department since 2006. Prudential is a founding member of the Inclusion Initiative, a collaborative effort by corporate law departments at Fortune 500 companies representing a wide crosssection of industries. Participating companies commit to multimillion dollar annual goals for legal spend with minority- and women-owned law firms. In the first three years of the program, the participating companies have spent over $330 million on minority and women owned law firms. Each year, our Department hires a large class of diverse first-year law students into a summer intern program. The program provides them with attorney mentors, relevant training, and work experience involving various legal specialties, and mock interviews. These students come from the Minority Student Program at Rutgers University School of Law, the diversity program managed by the Bar Association of the City of New York, the ABA Commission on Disabilities, and many of the diverse bar associations with which we work. In addition, after the economic downturn in 2008 reduced the number of jobs available for qualified new law school graduates, we launched the Prudential Law Fellows Program to provide eighteenmonth fellowships to recent law school graduates from diverse backgrounds. PDJ
Continuing Diversity in the National Guard By Phyllis Brantley, Chief, Diversity, National Guard Bureau
EARLY HALF A century ago, ex-
ecutive orders were issued to address affirmative action in federal agencies and mandate Special Emphasis Programs Groups to proactively promote a diversified workforce. Most recently, President Obama’s Executive Order 13583 set the stage for further progress in the field of diversity. For well over a decade, the National Guard, an employer for both military and civilians, promoted diversity as essential to mission readiness. With the passing of the National Defense Authorization Act (NDAA) 13, coupled with the Military Leadership Diversity Commission (MLDC) recommendations, the National Guard has a stronger foundation to promote diversity initiatives that impact its policies and programs.
Our diversity initiatives begin with senior leadership engagement nationally through three major initiatives: the Joint Diversity Executive Council (JDEC), State Diversity Councils, and the Field Engagement Program. Senior leaders from the JDEC provide recommendations to help leverage the National Guard’s diverse workforce, sustain a workforce climate of equity, and foster an environment where individuals have the opportunity to prosper and effectively advance their careers. A short while ago, the JDEC approved strategies that effect change in policies to promote inclusive hiring and promotion opportunities. We have also established State Diversity Councils within each state and territory that are responsible for developing and executing state charters and strategic plans. In
addition, the implementation of our Field Engagement program, chaired by General Officers, helps facilitate diversity and inclusion communication from the bottom up. As we continue stressing the importance of an inclusive workforce, it is time for a systematic application of diversity concepts to the business of our organization, viewing diversity as something more than a moral imperative or a business necessity—but as an opportunity. We see this as fully utilizing our most precious resource—our people. Aligning diversity with the mission and business of the organization increases employee satisfaction and retention, improves competitiveness and productivity, and adds value to the sustainment of our National Guard. PDJ
D&I Reflects Continuing Stage of Diversity in Workplace By Carolyn Clift, Senior Vice President and Chief Diversity Officer, HCSC
he first stage of diversity in the workplace, civil rights laws, focused on addressing historic discrimination to ensure equal treatment of women and minorities. The second stage, affirmative action, began as a strategy to recruit and hire more minorities in the workplace. The third stage, managing diversity, followed the evolution of equal opportunity and other nondiscrimination laws and regulations that increased workplace diversity. The fourth stage, Diversity and Inclusion (D&I) reflects the continuation of laws and regulations protecting the rights of persons with disabilities; veterans; immigrants; lesbian, gay, bisexual, and transgender persons; as well as shifts in demographics, economic, political, and social realities. At Health Care Service Corporation, the workplace regulatory compliance department works on matters involving workplace laws and regulations, however, this department functions separately from D&I operations. Enterprise Diversity and Inclusion Services (EDIS)
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is a distinct division responsible for fully integrating D&I into our business strategies and how we serve and interact with employees, members, providers, suppliers, and local communities. D&I has been transformed from the “right thing to do”’ for regulatory compliance to good sound business practice for marketplace success. Developments in D&I practices are now driven by business opportunities—not legal requirements. Clearly, the changes in human rights laws and regulations support the evolution of D&I in corporate America. HCSC, like many companies, however, no longer relies on legal obligations to design D&I initiatives. The focus on diverse talent recruitment, retention, and development, along with multicultural competencies and other workplace programs, is to leverage business outcomes and marketplace solutions. PDJ
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Training and Development
Profiles Asian-Pacific American LEADERS FROM TODAY’S
Each May/June issue, we spotlight the successful corporate, government, legal, and military leaders of Asian and Pacific Islander descent in honor of May’s National Asian-Pacific American Heritage Month. This issue is no different, as we received responses from AAPIs with a wide variety of ethnic backgrounds, ages, and experiences. Although their backgrounds may be different, what they all share is a passion for education, their heritage, families, and careers. 60
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ASIANI PACIFIC-AMERICAN HERITAGE Kathy Goss Accenture
HEADQUARTERS: New York City WEBSITE: www.accenture.com BUSINESS: Consulting, technology services, outsourcing REVENUES: $27.9 billion EMPLOYEES: 259,000 TITLE: Manager, Inclusion & Diversity EDUCATION: BS, Northwestern University WHAT I’M READING: Team of Rivals, by Doris Kearns Goodwin INTERESTS: I make time to play volleyball every week.
› How have you personally been witness to assimilation and/or retention of cultural values? As a baby, I was adopted from Taiwan by two wonderful Caucasian American parents. Being different was a given, but was a positive for me; I felt unique and found that I could relate easily to others from diverse backgrounds. I did, however, have to educate myself about my heritage and find linkages where possible. › Have you ever felt discrimination in your career or life? How did you overcome it? Fortunately, I’ve never felt discriminated against, but certainly we all have biases in how we perceive others. I’m a very direct person and sometimes believe that I play into stereotypes myself. Therefore, I pay attention to how I communicate and, by watching others who communicate well, I’ve learned to soften and finesse a message. I learn a lot from the diverse environment around me.
Colonel Shirley S. Raguindin, USAF Air National Guard HEADQUARTERS: Washington, D.C. WEBSITE: www.ang.af.mil BUSINESS: Military EMPLOYEES: 106,000 TITLE: Chief Diversity Officer EDUCATION: BS, University of Hawaii; MPA, University of Oklahoma; Air Command and Staff College; Air War College WHAT I’M READING: Standout, by Marcus Buckingham; The Dressmaker of Khair Khana, by Gayle Tzemach Lemmon PHILOSOPHY: A quote by Albert Einstein: “In the middle of difficulty lies opportunity.” INTERESTS: APAISF, Feed the Children, BIG, FAPAC, AAGEN, National Guard of the United States, DoD Transformation Agency, PPALM, Web 2.0 Technologies
› What are the major values of your heritage? How have they helped you in your career? A strong family upbringing, dedication, and hard work contributed to my success. My father, Isabelo, was a “Sakada,” or an agricultural laborer for the sugar cane fields. My mother, Maria, was a picture bride from Ilocos Sur, Norte, Philippines. I will never forget my parent’s most proud moment when they both gained their U.S. citizenship. They always taught me and my five siblings that education was key, always work hard, and strive to do the very best. I’ve applied these principles to my life as a servant leader in honor of those who have made significant contributions through hardship and sacrifices in the past.
Tina Kao BASF Corporation HEADQUARTERS: Florham Park, New Jersey WEBSITE: www.basf.us BUSINESS: Chemical REVENUES: $18.5 billion EMPLOYEES: 16,600 TITLE: Vice President, Talent Development and Strategy EDUCATION: BA, Brown University; MBA, Yale University INTERESTS: Traveling, cooking, spending time with my family
› Have you ever felt discrimination in your career or life? How did you overcome it? I have not experienced overt discrimination, but I am always aware of being a minority female leader. You have to develop confidence and a track record that helps you advocate for new approaches that require change to organizational culture. › What are the major values of your heritage? How have they helped you in your career? A value that was reinforced in my upbringing was proactive listening and bringing together diverse viewpoints. The ability to find solutions that work for different stakeholders is essential. Having so many different backgrounds and perspectives reflected across the Asian culture provides a strong foundation for business decision making and finding solutions that work on multiple levels. › What are some tips for other AAPIs beginning their careers? Explore different opportunities that interest you. Work on your ‘elevator speech’ that helps you concisely express your responsibilities and value in your organization and communicate with impact. Build and maintain a professional network.
ASIANI PACIFIC-AMERICAN HERITAGE Young J. Bang Booz Allen Hamilton
HEADQUARTERS: McLean, Virginia WEBSITE: www.boozallen.com BUSINESS: Management and technology consulting services REVENUES: $5.86 billion EMPLOYEES: 25,000 TITLE: Principal EDUCATION: BS, United States Military Academy at West Point WHAT I’M READING: Listening In, by Ted Widmer PHILOSOPHY: Be honest, upfront, and never look back. INTERESTS: Family, friends, eating, snowboarding, working out
› How has your heritage been beneficial or helpful in your career/and or business relationships? Being Korean American and an immigrant, my parents always pushed me to work hard and have a sense of accomplishment. I am able to use that work ethic and pride to focus on being successful in everything I do from academics, sports, family, and career. I think most AAPIs apply that ethic to one dimension of your career—the actual work or task at hand. Being able to applying that work ethic in all dimensions of your career like building relationships (internal and external) to your company will help AAPIs be more successful. › What do you think is the greatest issue or dilemma facing the AAPI community today? Lack of senior leaders in corporate America to emulate. I don’t find many senior AAPIs in the corporate structure making their way up the ladder. This in turn has a ripple effect on AAPIs who consciously or subconsciously decide not to make it a career or look for another firm.
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Albert Lee Caesars Entertainment Corporation
HEADQUARTERS: Las Vegas, Nevada WEBSITE: www.caesars.com BUSINESS: Gaming/hospitality REVENUES: $8 billion EMPLOYEES: 70,000 TITLE: Vice President of Asian Marketing WHAT I’M READING: Threat Vector, by Tom Clancy PHILOSOPHY: The Golden Rule: Treat others as you would like to be treated. INTERESTS: Listening to music (mostly rock ’n’ roll), watching movies, and trying new restaurants
› How does the diversity of the Asian Pacific community become a challenge and benefit? The challenge of the Asian Pacific community is that there are various cultures under the umbrella label “Asian,” including Chinese, Vietnamese, Korean, Japanese, Filipino, and many more. The tough part is trying to participate and support the various organizations in their individual efforts to show their culture. It can be a balancing act. However, when we have participated in various community events in California and Nevada I have witnessed the various cultures supporting and collaborating with one another in a unified effort. › Have you ever felt discrimination in your career or life? How did you overcome it? Growing up in Southern California I have not experienced intentional discrimination either personally or professionally. However, I have come across a number of people who are unfamiliar with my Chinese heritage and other Asian cultures. One of my favorite things to do is share my culture and show others how much I value it. I have found that Asian cultures are best explained and experienced through food. You sit down and start eating and it generally leads to additional questions about traditions, music, lifestyle, and other cultural aspects of my heritage.
Yen Pham Chevron Corporation
HEADQUARTERS: San Ramon, California WEBSITE: www.chevron.com BUSINESS: Energy EMPLOYEES: 60,000 TITLE: Manager, Office of State and Local Tax Counsel EDUCATION: BS, University of Houston; JD, University of Texas School of Law WHAT I’M READING: Break Your Own Rules, by Jill Flynn, Kathryn Heath and Mary Davis Holt PHILOSOPHY: Keep your eyes on your goal and stay flexible as to how you get there. INTERESTS: Family, cooking, home decorating and remodeling, and learning to golf with consistent results
› How has your heritage been beneficial or helpful in your career/and or business relationships? My heritage has taught me that respect begins with me. Treating others with respect has helped me to build a network of resources allowing me to take on roles with increasing responsibility and exposure and ultimately earning the respect of others. › How does the diversity of the Asian Pacific community become a challenge and benefit? In general, the Asian Pacific community provides a strong foundation to encourage hard work, loyalty, and achieving the best results. The challenge is finding more positive reinforcement for individuals to take calculated risks and to trust their educated guesses. › What are some tips for other AAPIs beginning their careers? I recommend that everyone has more than one mentor. No one person can be everything for anyone. Also, diverse experiences and perspectives are necessary to identify what is best for you. Otherwise, you may become a clone of the one voice you sought.
ASIANI PACIFIC-AMERICAN HERITAGE Catherine Lee DynCorp International LLC
HEADQUARTERS: Falls Church, Virginia WEBSITE: www.dyn-intl.com BUSINESS: Government services REVENUES: $3.7 billion EMPLOYEES: 25,000 TITLE: Senior Counsel EDUCATION: BA, City University of New York–Queens College; JD, American University– Washington College of Law WHAT I’M READING: Hellhound On His Trail, by Hampton Sides PHILOSOPHY: Never stop learning! INTERESTS: Traveling, baking, photography, dressage
› What are some tips for other AAPIs beginning their careers? Everyone with a unique cultural background—or any unique qualities or experiences —should identify ways to use it to their advantage. Differences are what make people stand out from others so whether an individual is just beginning his or her career, or has been in a field for quite some time, he or she should embrace what makes them unique; they shouldn’t be afraid to leverage differences. As an increasing number of companies are expanding globally, having an understanding of a particular culture and/or a fluency in a foreign language can be a great asset to companies and to individuals in developing business relationships. › How has your heritage been beneficial or helpful in your career/and or business relationships? My heritage has been of great benefit to me personally and professionally.
Gary Hwa Ernst & Young
HEADQUARTERS: London, England WEBSITE: www.ey.com BUSINESS: Assurance, tax, transaction and advisory services REVENUES: $24.4 billion EMPLOYEES: 167,000 TITLE: Partner, Americas Financial Services Office EDUCATION: BBA, MBA, Pace University WHAT I’M READING: Thomas Jefferson: The Art of Power, by Jon Meacham PHILOSOPHY: Strive for excellence, not at all costs, but with an eye toward empathy. INTERESTS: Golf, water sports, and the New York Mets, Jets, and Knicks
› How have you personally been witness to assimilation and/or retention of cultural values? I was born in Japan to Chinese parents and moved to the U.S. when I was six. My parents taught me to be respectful and exhibit humility daily, yet to have the inner strength and confidence to achieve my goals. › What do you think is the greatest issue or dilemma facing the AAPI community today? There is a very positive image of the AAPI community, so there is no real focus on some of our challenges. We still have pockets of poverty that are not widely appreciated: immigrants in the service industry making less than minimum wage, inadequate healthcare coverage for our elderly, and the need for educational programs for immigrant children. We must raise awareness of these issues and provide assistance.
Maurice M. Suh Gibson, Dunn & Crutcher LLP WEBSITE: www.gibsondunn.com BUSINESS: Law REVENUES: $1.29 billion EMPLOYEES: 2,043 TITLE: Partner EDUCATION: BA, Columbia College; JD, Columbia University WHAT I’M READING: Theodore Rex, by Edmund Morris INTERESTS: The interests of my children, classical and jazz piano, cycling
› How have you personally been witness to assimilation and/or retention of cultural values? I am the first generation in the United States, and therefore by definition have lived the assimilation and retention of cultural values. I think this process of assimilation must be viewed in a national context—in the values of the United States—which affords many the luxury of electing which of these values to retain. › Have you ever felt discrimination in your career or life? How did you overcome it? I started my career as a federal prosecutor in the Criminal Section of the Civil Rights Division, and so have felt personally and seen discrimination against others. You overcome it in precisely the same way other challenges are overcome. › What are some tips for other AAPIs beginning their careers? Maintaining a wide circle of friends, colleagues, mentors, and mentees provides for meaningful challenge to one’s world view, as well as breadth of thought and experience.
ASIANI PACIFIC-AMERICAN HERITAGE Thomas S. Loo
Tom Chen Haynes and Boone, LLP
Greenberg Traurig, LLP
HEADQUARTERS: Dallas, Texas WEBSITE: www.haynesboone.com BUSINESS: Law firm EMPLOYEES: 1,000 TITLE: Partner and Member of the Board of Directors EDUCATION: BS, UCLA; MSEE, California State University at Northridge; EE, USC; JD, Pepperdine School of Law WHAT I’M READING: The House of Mondavi, by Julia Flynn Siler PHILOSOPHY: Do the right things and life will work out. Enjoy life and do not stress over the “little” things. INTERESTS: Wine, food, sports, and my wife and three boys
WEBSITE: www.gtlaw.com BUSINESS: Law firm REVENUES: $1.2 billion EMPLOYEES: 1,699 TITLE: Co-Managing Shareholder EDUCATION: BS, JD, USC WHAT I’M READING: WSJ, The Economist PHILOSOPHY: No one succeeds by themselves. Recognize you’ve been helped, help others. INTERESTS: Community involvement, gardening, Tiger parenting
› How have you personally been witness to assimilation and/or retention of cultural values? I was among the earlier Asian American generation attempting to enter the practice of law. During this period, the Asian community did not hold lawyers with the esteem of someone who wanted to become a doctor, for example. So, like most Asian Americans at the time, getting my parent’s support to attend law school was the first step. Once in law school, I found I didn’t have many role models who could guide me in the field. I was the only Asian in my law school class. › What are some tips for other AAPIs beginning their careers? With today’s ever-growing globalized economy and business environment, the AAPI community needs to recognize and utilize language and cultural skills that may normally be taken for granted. Major law firms continue to expand and open offices in Asia, including China and now South Korea. AAPIs play a vital role in these decisions and can be the difference between an office succeeding or not in these foreign legal and business communities.
› What are the major values of your heritage? How have they helped you in your career? Studying, work ethic, respect for others, and listening are major values. Education has always been a big part of my upbringing, and college was a natural progression following high school. My parents worked hard to allow us to go to universities and continue with post-graduate education without having to pay for school. This enabled me to focus on school, which in turn resulted in various successful work opportunities. The respect for others helped me to fit in and grow within various environments, and helped me develop social skills important to success. › What are some tips for other AAPIs beginning their careers? Be confident in your abilities. Work on proper grammar, both written and vocal. Listen to others, but express your thoughts as well. Don’t be afraid to ask questions. Reach out to other AAPIs in your career field for advice.
John Min Kellogg Company HEADQUARTERS: Battle Creek, Michigan WEBSITE: www.kelloggcompany.com BUSINESS: Food and beverage REVENUES: $14.2 billion EMPLOYEES: 31,000 TITLE: Counsel EDUCATION: BA, JD, University of Chicago WHAT I’M READING: Outliers: The Story of Success, by Malcolm Gladwell PHILOSOPHY: Say what you mean, mean what you say, and do what you promise. INTERESTS: I’m quite active with my young family. My wife Jane and I are parents to Ava, 3, and Christian, 1. I also enjoy traveling, reading, golfing, skiing, and following the investment markets.
› What are some tips for other AAPIs beginning their careers? Be very intentional about finding the right mentors and get involved in something important to you. Find people who help you navigate interpersonal relationships, develop different skills, and talk you off the ledge at times. Be dependable, hard-working, loyal, and true to yourself, and people will want to invest in you. › How has your heritage been beneficial or helpful in your career/and or business relationships? My culture deeply values education and my family contains several scholars, so valuing intellectual curiosity has really shaped who I am. So has my faith. Together, they guide the way I tackle problems, interact with people, and show respect. All of which are very consistent with our company’s values.
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ASIANI PACIFIC-AMERICAN HERITAGE Brian Heslin
Catharina Y. Min Reed Smith LLP
Moore & Van Allen HEADQUARTERS: Charlotte, North Carolina WEBSITE: www.mvalaw.com BUSINESS: Law firm EMPLOYEES: 580 TITLE: Member, MVA Litigation Team EDUCATION: BA, University of Southern California; JD, George Mason University WHAT I’M READING: The Wise Heart, by Jack Kornfield PHILOSOPHY: Live and learn in each moment. INTERESTS: Spending time with family, mixed martial arts, coaching youth sports
› Have you ever felt discrimination in your career or life? How did you overcome it? Growing up as a half-Filipino in the North Shore of Boston in the 1970s and ’80s, I was faced with periodic discrimination fueled by ignorance. There were very few Asians in my community and virtually no Asian Pacific Islanders so most people didn’t know what to do with me. I endured generic Asian racist taunting growing up. Then, when I went to USC for college, I joined a Filipino student organization and experienced negative treatment because I was half-white. So, I learned to be somewhat individualistic, which served me well. Now, as a more established adult, I see the strength and beauty of individual diversity and that our differences should be celebrated. I believe that our overall society is learning to recognize this as well. › What are some tips for other AAPIs beginning their careers? Find yourself and be genuine in all your relationships. If you are open and genuine, most people will see beyond your appearance and also appreciate your individual qualities, character and abilities.
WEBSITE: www.reedsmith.com BUSINESS: Law firm REVENUES: $1.01 billion EMPLOYEES: 3,400 TITLE: Office Managing Partner, Silicon Valley EDUCATION: BA, JD, University of Virginia WHAT I’M READING: A Thousand Splendid Suns, by Khaled Hosseini PHILOSOPHY: Life is difficult but once you accept that it is not so difficult. INTERESTS: Furthering the career advancement of women, Asian American, and other minority attorneys in law and business, and helping people achieve their highest potential.
› What are the major values of your heritage? How have they helped you in your career? My parents, who took a huge risk in moving our family to the United States in the ’70s when they did not even speak English. They taught me so much about taking risks, diligence, and bettering oneself through education and perseverance, which I draw upon every day. › What do you think is the greatest issue or dilemma facing the AAPI community today? Despite great progress in recent years, Asian Americans are still not fully engaged in the American life. In addition, while many AAPIs are succeeding in middle management, they are not represented in the top C-suite positions. › What are some tips for other AAPIs beginning their careers? Find a mentor and a champion. Increase your circle of influence by helping others and asking for help. Don’t be afraid of promoting yourself.
William Cho Sodexo
HEADQUARTERS: Gaithersburg, Maryland WEBSITE: www.sodexousa.com BUSINESS: Quality of life services; facilities and food service management REVENUES: $8.8 billion EMPLOYEES: 125,000 United States TITLE: Vice President of Operations EDUCATION: BA, University of Michigan; MBA, Thunderbird School of Global Management WHAT I’M READING: Vested Outsourcing, by Kate Vitasek, Mike Ledyard and Karl B. Manrodt PHILOSOPHY: Live life without fear; discover and fulfill the purpose of why I’m here. INTERESTS: Traveling, coaching, cooking, golf, and spending time with my family! TWITTER HANDLE: @SodexoDiversity
› Have you ever felt discrimination in your career or life? How did you overcome it? I’ve been discriminated against because of my skin color, age, and even gender. What has allowed me to push forward is to always have my end goal in mind. Doing so has made those that discriminated against me a small barrier that I needed to overcome in order to achieve my end goal. › What do you think is the greatest issue or dilemma facing the AAPI community today? We lack role models. When we talk about American society’s business heroes, names such as Gates, Ford, Jobs, and Buffet come to mind. We need more names like Nooyi of Pepsi and Hsieh from Zappos. The next generation of AAPI leaders need role models to look up to.
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REAL WOMEN, REAL CAREERS.
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ASIANI PACIFIC-AMERICAN HERITAGE Nita White-Ivy SuccessFactors, an SAP company
HEADQUARTERS: South San Francisco, California WEBSITE: www.successfactors.com BUSINESS: Cloud-based business execution software REVENUES: $500 million EMPLOYEES: 2,200 TITLE: Chief People Officer EDUCATION: BSBA; MBA, Completed coursework towards MA, Santa Clara University WHAT I’M READING: The Knowing-Doing Gap, by Jeffrey Pfeffer and Robert I. Sutton PHILOSOPHY: Do the best you can each day. INTERESTS: Continuous learning about people and gardening
› Have you ever felt discrimination in your career or life? How did you overcome it? Not discrimination but lack of inclusion. What I experienced in the early part of my career was hardship in getting included as a woman and minority. I overcame this by being well educated, “walking the extra mile,” relentlessly finding ways and means to contribute as directly as possible to the organization’s goals and requirements, and a strong determination to demonstrate value to the company. Eventually, I became noticed as a strong performer and key contributor. › What do you think is the greatest issue or dilemma facing the AAPI community today? Asian American Pacific Islanders do not have enough successful and inspirational role models for youth to emulate and look up to. Unlike the rest of the Asian community, our youth are not as focused in science and math, and may not be as competitive academically or in the hierarchy of the business world.
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Heather Tow-Yick Teach For America Rhode Island HEADQUARTERS: Providence, Rhode Island WEBSITE: www.teachforamerica.org BUSINESS: Education TITLE: Executive Director EDUCATION: BA, Brown University; MAT, Columbia University Teachers College; MBA, Massachusetts Institute of Techology Sloan School of Management WHAT I’M READING: Lean In, by Sheryl Sandberg PHILOSOPHY: Every child can learn and as adults we all have the responsibility to make this happen. INTERESTS: Socializing, cooking, traveling, outdoor activities (especially sailing) TWITTER HANDLE: @hpty
› How have you personally been witness to assimilation and/or retention of cultural values? My grandfather emigrated from China, overcoming challenging circumstances to achieve success and establish deep roots in Rhode Island. For his generation living in a fairly homogenous community, assimilation was part of the American experience. However, as that generation adapted, a strong sense of cultural value and pride was retained. Now diversity and biculturalism is celebrated and Asian Americans can proudly celebrate being both Asian and American. › How has your heritage been beneficial or helpful in your career/and or business relationships? A key part of my Chinese culture and my family is the deep value we place on relationships and building bridges across differences. Respect for people, their work, and point of view are critical. In my work, I would not be able to make a meaningful impact in ending educational inequities without strong relationships and community partners.
Teryl Murabayashi Union Bank, N.A.
HEADQUARTERS: San Francisco, California WEBSITE: www.unionbank.com BUSINESS: Financial services REVENUES: $97 billion EMPLOYEES: 10,000 TITLE: Senior Vice President, Deputy General Counsel EDUCATION: BS, BA, Creighton University; JD, University of California WHAT I’M READING: Thomas Jefferson: The Art of Power, by Jon Meacham PHILOSOPHY: Keep your options open, and know where you want to end up before you start. INTERESTS: Mentoring, gardening, travel, family
› How has your heritage been beneficial or helpful in your career/and or business relationships? I am bicultural and was raised in Hawaii. Hawaii’s multicultural environment taught me to appreciate and incorporate other perspectives, and this is helpful in nurturing business relationships, problem solving, and reaching consensus. › What are the major values of your heritage? How have they helped you in your career? Hard work and humility, and competing against my own standards, rather than against other colleagues. › What are some tips for other AAPIs beginning their careers? Approach life and your career from an inclusive perspective. Minimize differences in backgrounds, priorities, and values in order to establish common ground and personal relationships on which to build platforms for collaboration.
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ASIANI PACIFIC-AMERICAN HERITAGE Robert “Bob” Pos U.S. Fish & Wildlife Service HEADQUARTERS: Washington, D.C. WEBSITE: www.fws.gov BUSINESS: Biological sciences agency REVENUES: $1.6 billion EMPLOYEES: 10,000 TITLE: Fishery Biologist EDUCATION: BS, University of Massachusetts, Amherst WHAT I’M READING: North American Journal of Fisheries Management PHILOSOPHY: Stay true to who you are. INTERESTS: Fishing, sports (football, basketball, baseball), NASCAR racing, outdoors, history, paleontology, archeology, and everything feline/cats
› How have you personally been witness to assimilation and/or retention of cultural values? Growing up in Western Massachusetts, my brothers, sister, and I were the only minorities in our whole elementary school and junior high school. High school was the first time I saw other minorities (two to three African Americans) and they all came from mixed marriages. Only during college did I meet other Vietnamese and minorities. Except for my mother, there was very little retention of Vietnamese language or culture in my family. We were under pressure to lose our heritage. › Have you ever felt discrimination in your career or life? How did you overcome it? Everywhere I have gone, I have felt unique—from the only Asian in my school, to the only Asian on my football team, to the only Asian that I knew in the National Fish Hatchery System. The culture and atmosphere have changed a lot in thirty years, as most biologists when I entered the U.S. Fish and Wildlife Service were white males. You just have to deal with discrimination and prove yourself again and again.
Ramesh Chikkala Wal-Mart Stores, Inc.
HEADQUARTERS: Bentonville, Arkansas WEBSITE: www.corporate.walmart.com BUSINESS: Retail REVENUES: $466 billion EMPLOYEES: 2.2 million TITLE: Senior Vice President, Information System Division EDUCATION: BS, Osmania University, India; MBA, University of Mumbai, India; MS, Ohio University WHAT I’M READING: Leadership articles/lessons from successful business leaders and political leaders PHILOSOPHY: Servant leadership— serving your people with the highest levels of integrity and having a consistent leadership approach at work, in the community, and with your family twenty-four hours a day. INTERESTS: Running and tennis; also, encouraging my son and daughter to compete in chess and tennis tournaments in addition to excelling in academics
› How does the diversity of the Asian Pacific community become a challenge and benefit? Sometimes the diversity of the Asian Pacific community becomes a challenge, since groups tend to stay within their group, inside and outside of work. This does not help in learning about American cultures and becoming integrated faster to different cultures. It is beneficial to the community when we stay unified as one close family and help one another. › What do you think is the greatest issue or dilemma facing the AAPI community today? The greatest dilemma is to maintain the right balance between developing the soft skills in leadership and communication and leveraging the strengths and hard skills we commonly share as a community, such as a strong work ethic, technical skills, loyalty, passion, and humility.
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Global Perspectives: WOMEN at Work in China and India By Catalyst
V ER WONDER HOW working women fare under
the law in China and India, the world’s most populous countries? According to two recently published Catalyst tools, China: The Legal Framework for Women and Work and India: The Legal Framework for Women and Work, women in both countries have many rights on paper—and relatively few in practice, despite their rapidly growing presence in the workforce. As of 2010, over 356,700,000 Chinese women worked outside of the home. Women’s workforce participation rate (75.2 percent) is higher in China than it is in most developed countries, due in large part to the government’s commitment to gender equality, as exemplified by Mao Zedong’s famous statement, “Women hold up half the sky.” China has laws designed to protect women from discrimination and guarantee equal rights in the workplace. However, as in many other countries, including the United States, having such laws on the books does not guarantee gender equality in the workplace. In China, it is illegal for companies to: • Discriminate based on gender when making hiring decisions. However, according to a study by the Economist Intelligence Unit, China’s laws protecting working women are so weak and so poorly enforced that they often serve to buttress discrimination against women. China’s so-called “Women’s Law” theoretically protects women from employment discrimination in the areas of hiring, promotions, and salaries or based on marital/ family status or pregnancy. This law enshrines gender equality as basic state policy, but it leaves many women vulnerable by failing to provide clear definitions of either gender-based discrimination or sexual harassment. Chinese women who work outside of the home are legally entitled to: • Maternity leave and protections during pregnancy According to state regulations, women’s “basic salaries may not be reduced and their Labor contracts may not be cancelled” during pregnancy, maternity leave, or
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nursing periods. Working women receive a maternity allowance in place of their salaries during their maternity leave, which is paid through an employer-funded insurance plan. Some facts about sexual harassment in China: • The phrase “sexual harassment” only entered the legal lexicon in 2005, when the Women’s Law was approved. Besides failing to define harassment, the law does not specify punitive measures, making enforcement difficult. • Because the Women’s Law is not part of the Labor Contract Law, sexual harassment victims cannot sue their employers, making it easy for companies to escape liability in such cases. • Sexual harassment is often considered an issue between two individuals, rather than one that companies should seek to address. In India, women account for over 32 percent of the country’s economically active population, and the Indian constitution guarantees women equality under the law. As in China, there are many laws in place in India designed to protect a woman’s rights at work but they are often unenforced and/or blatantly circumvented by employers. There are many reasons for this, including the fact that India’s existing laws are not clearly written and/or do not define coverage, assign responsibility, or outline enforcement mechanisms. Moreover, India’s labor laws can be region-specific, industry-specific, or centralized—and the centralized laws may include state-specific amendments, further contributing to inconsistencies in labor legislation. Finally, India is burdened with a massive bureaucracy featuring many uncoordinated departments, creating myriad opportunities for corruption and corporate shirking of responsibility. In India, women who work for public institutions fare slightly better than those who work for private companies: • The Constitution guarantees fundamental rights to women. Article 16 provides for equality of opportunity in matters of public employment. But the Constitution only covers state or public institutions and does not extend to the private sector.
• There is no overall anti-discrimination policy in India—or even a statutory definition of the word “discrimination.” Instead, there is a loose series of laws outlining various aspects of equality, and certain customary laws can remain valid even when violating these provisions. • Indian law entitles new mothers up to three months of paid maternity leave in every sector, whether on staff or contract. In addition, there are laws that protect a woman from being fired for being pregnant or taking maternity leave. Sexual harassment is a huge, inadequately addressed social problem in India: • Recent studies show that between 40 and 80 percent of Indian women experience sexual harassment (sometimes known as “eve teasing”) at work. In twothirds of those cases, the perpetrator is the woman’s supervisor or superior.
• Although the Indian Supreme Court published guidelines on sexual harassment in 1977, most women still aren’t aware of their existence. These guidelines defined sexual harassment as including unwanted physical contact, advances, or requests, as well as verbal or nonverbal sexual conduct and the display of pornographic material. The guidelines apply to the private as well as the public sector. • Despite this Supreme Court ruling, there is currently no legislation in place to protect Indian women from sexual harassment at work. When it comes to women’s rights at work, it’s important to remember that cultural context and geographic location matter—and that equality under the law doesn’t necessarily guarantee equality in daily life. Together, we can work to ensure that the reality of women’s lives aligns with their legal status. A right isn’t a right unless it can be exercised. PDJ
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www.boozallen.com/careers We are proud of our diverse environment, EOE/M/F/D/V.
Corporate Index 3M............................................ www.3M.com..............................................75
Accenture........................... www.accenture.com...................................23, 61
Air National Guard.................. www.ang.af.mil.............................................61
Ernst & Young............................www.ey.com................................................63
American Bar Association....................... www.americanbar.com.......................................42
American Conference on Diversity......... www.americanconferenceondiversity.org.........................53
Fish & Richardson..................... www.fr.com................................................13
Andrews Kurth LLP......... www.andrewskurth.com....................................... 11 Bank of the West.............www.bankofthewest.com......................................47 BASF.......................................www.basf.com..............................................61 Booz Allen Hamilton....... www.boozallen.com..................................62, 73 Burr & Forman......................... www.burr.com..............................................30 Caesars Entertainment......... www.caesars.com...........................................62 Catalyst................................. www.catalyst.com......................................72-73 Central European University.....www.ceu.hu....................................46, 48, 50 Charles Schwab................. www.schwab.com..........................................65 Chevron..............................www.chevron.com....................................49, 62 Citigroup................................... www.citi.com.................................................7 Cozen O’Connor.................... www.cozen.com........................................44-45 DLA Piper............................. www.dlapiper.com...........................................43
Fiberlink Communications.... www.fiberlink.com.............................................7 Fox Rothschild.................. www.foxrothschild.com.................................45, 47 General Mills.....................www.generalmills.com........................................42 Gibson Dunn..................... www.gibsondunn.com........................................63 Godfrey & Kahn......................www.gklaw.com.............................................55 Greenberg Traurig.................. www.gtlaw.com.............................................64 Halliburton....................... www.halliburton.com.......................................67 Haynes & Boone............. www.haynesboone.com.................................12, 64 Health Care Services Corporation..............................www.hcsc.com..............................................58 ICG Law Firm........................ www.icglaw.com............................................41 Ideal Legal Group........... www.ideallegalgroup.com.....................................54 Ingersoll Rand.................. www.ingersollrand.com.......................................24 Jill Metz & Associates......... www.jillmetzlaw.com.........................................22 K&L Gates.............................www.klgates.com............................................43
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BOLD denotes Advertiser Kellogg..................................www.kelloggs.com...........................................64
Schneider-Ross.............. www.schneider-ross.com....................................6, 7
Shell Oil Company................www.shell.com.............................................59
Legal Marketing Association...................... www.legalmarketing.org........................................6
Sodexo................................ www.sodexo.com................................5, 14, 66
Linkage.............................www.linkageinc.com........................................37 Lockheed Martin......... www.lockheedmartin.com................... Back Cover
Success Factors............. www.successfactors.com.....................................68 Sullivan & Cromwell.............www.sullcrom.com...............................17, 54, 68
McGlinchey Stafford.......... www.mcglinchey.com.........................................10
Taylor English Duma LLP........................ www.taylorenglish.com..................................34-35
Teach for America.......... www.teachforamerica.com....................................68
Mintz Levin............................. www.mintz.com.............................................19
Troutman Sanders LLP..................www.troutmansanders.com......................................6
Moore & Van Allen................ www.mvalaw.com.....................................20, 66 National Grid..................... www.nationalgrid.com....................................6, 23
U.S. Fish & Wildlife Service..... www.fws.gov...............................................70
National Guard Bureau.............................. www.nationalguard.mil........................................58
Union Bank......................... www.unionbank.com.........................................68
New York Life.......................www.nylife.com............................................51
University of Oklahoma.............www.ou.edu..................................................6
University of Washington — St. Louis..............................www.wustl.edu.........................................32-33
Parker Poe......................... www.parkerpoe.com...........................................7 PNC........................................ www.pnc.com..............................................29 Proskauer Rose.................. www.proskauer.com.........................................28 Prudential Financial....................www.prudentialfinancial.com...........................56, 57 Quintiq................................... www.quintiq.com..............................................7 Reed Smith......................... www.reedsmith.com.............................18, 56, 66 SAP......................................... www.sap.com..............................................68 Schiff Hardin...................... www.schiffhardin.com........................................55
UnitedHealth Group............. www.uhc.com..............................Inside Back
Vanguard...........................www.vanguard.com.........................................27 Walmart..............................www.walmart.com............. Inside Front, 26, 70 Weil Gotshal............................ www.weil.com................................................9 Weinberger Law Group.......................... www.weinbergerlawgroup.com.................................36 Wellpoint...........................www.wellpoint.com.........................................15 Wood Smith Henning Berman LLP.......................www.woodsmith.com.........................................53
© 3M 2012. All Rights Reserved.
Perspectives Ideas as diverse as the people behind them. 3M innovations are born from the contributions of many. Along with more than 84,000 employees in more than 65 countries, you can share your ideas and shape the future. Be part of what’s next.
| QUESTIONS & ANSWERS
Is This The End of DOMA as We Know It?
An Interview with Lawyers.com Editor-in-Chief Larry Bodine Q. What are the likely outcomes of the DOMA and Proposition 8 cases? I’ve read the merits briefs in both cases, and I think the Supreme Court is going to have to struggle to find ways to uphold these two laws. I think we’re on the threshold of a historic decision on same sex marriage. I predict the Supreme Court is going to rule in favor of same sex marriages, and strike down these laws.
Q. How did these rulings come to be? What have been the rulings and appeals in the past? The DOMA (Defense of Marriage Act) case began with a couple that had a legally recognized marriage in the state of New York, Edith Windsor and Thea Spyer. Spyer came down with MS, and shortly before she died, the couple was married in Canada. When Edith handled the estate for Spyer, the IRS said that because of DOMA she was not a spouse, and therefore would not get the spousal exemption from the estate tax. She ended up having to pay an extra $363,000 in estate taxes. Everyone that has looked at the case agrees that if Edith Windsor’s spouse were a man she wouldn’t have had to pay the taxes. She appealed, and the Second Circuit of Appeals in New York struck down DOMA, as did the First Federal Court of Appeals in Boston in another case. They said it violated the Equal Protection Clause. In Proposition 8, the electorate of California in one of their ballot initiatives amended their state constitution to say that a marriage is composed of a man and woman. DOMA says virtually the same thing. The initiative was challenged before the Ninth U.S. Circuit of Appeals, which also struck it down for the very same reasons, in that Prop. 8 carved out a persecuted minority and created a law that discriminated against them. Under the U.S. Constitution, the Equal Protection Clause forbids this. From a legal analysis, they take prejudice and turn it into the law. That’s something that just doesn’t stand up to the U.S. Constitution.
Q. How many states recognize same sex marriages? Nine states currently recognize same sex marriage, plus the District of Columbia.
Q. What do you say to people that propose the same
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and equal rights for same sex partnerships but not under the legal term of marriage? In fact the issue comes up in the California Prop. 8 case. In California, they have a domestic partnership statute. They have many of the rights that you get from being married. But for the couple involved, it’s thin soup, in that it’s a second class legal arrangement. It also doesn’t entitle you to obtain all of these federal tax deductions, it doesn’t help them get covered by medical benefits, or veteran’s benefits if their spouse dies, or social security benefits.
Q. How many people could be impacted by the court’s rulings? What will happen to the people that are already legally married in the U.S.? According to the briefs, there are 130,000 legally married same sex couples. There are 18,000 in California alone, and 40,000 children living in those same sex marriages. All of those marriages will continue to be recognized if the Court strikes it down, but there will be reciprocity in the other states. It all depends on the wording the Supreme Court uses, but if you have a same sex marriage it will be recognized by every state in the union.
Q. What are the purposes of these laws? How have they been written out and how will they change depending on how the Supreme Court rules? One of the things that I spent a lot of time on when I was reading the briefs was how the people that supported these laws could justify them. The legal basis for DOMA and Prop. 8 is that they claim to advance the institution of marriage by encouraging people that are going to have babies to be married. So it’s all about what they call “responsible procreation and childrearing.” When you look at the actual wording of the statute that marriage is between a man and woman, you can see right away that the argument falls apart. These laws create no incentive for people to have babies and get married. People get married for all kinds of reasons, not just to have children. There are couples that planned not to have children, senior citizens past child bearing age that are married, and couples that physically can’t have babies. In fact, convicts can get married, but people of the same sex can’t. It makes you realize that marriage is more than having babies—it’s about forming a household. It’s about forming a social relationship and economic partnership. PDJ
A job shouldn’t define you. It should reflect you.
Glenda G. International Humanitarian Volunteer Nurse Practitioner
For such a diverse group of people, it’s amazing how alike we are. Diversity and Inclusion at UnitedHealth Group. To the uninitiated, we may appear quite different. We represent a widely diverse group of cultural backgrounds, beliefs, perspectives and lifestyles. But inside each of us beats the heart of a relentlessly driven, crazy talented, mission focused professional. Our modest goals: Improve the lives of others. Change the landscape of health care forever. Leave the world a better place than we found it. So if you ever ask yourself, “Do people like me work here?” The answer is yes. We invite you to join us. SM
Whatever makes you special will inspire your life’s best work. Online at: yourlifesbestwork.com Or scan this QR code with your smartphone... UnitedHealth Group is proud to be recognized as a 2013 Diversity Leader. facebook.com/uhgcareers
Diversity creates a healthier atmosphere: equal opportunity employer M/F/D/V.UnitedHealth Group is a drug-free workplace. Candidates are required to pass a drug test before beginning employment. © 2012 UnitedHealth Group. All rights reserved.
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Diversity is more than a goal. It’s a necessity. When you face down the most important projects in the world, every idea counts. Every viewpoint matters. That’s why, at Lockheed Martin, we not only believe in diversity. We embrace it. And, as a result, are able to deliver the most innovative solutions to some of the most complex problems imaginable. Get connected to the Lockheed Martin Supplier Wire at: www.lockheedmartin.com/supplierwire