Law firms have not often been leaders in diversity initiatives, but instead have taken cues from their clients. Overall, many top law firms struggle to recruit and retain diverse attorneys across their various practice areas, including employment law. Employment lawyers are particularly sensitive to diversity and gender issues, given that these issues occupy a large space in this area of law. The intentional use of diverse and women employment attorneys to tackle minority- and gender-specific issues has the potential to add value to client service and advocacy, but it can likewise foster unintended consequences. While there are no easy or straightforward solutions, these issues continue to warrant thoughtful consideration as the legal profession and the clients it serves continue to grow more diverse.
Employment law is largely about people’s interactions and relationships in the workplace. Discrimination and harassment issues can be as subtle as occasional microaggressions between co-workers or as blatant as racial slurs and sexual harassment. Regardless of degree, when these sorts of interactions arise, employers will often find themselves facing federal, state or local discrimination suits. The attorneys selected to bring or defend against these cases will in turn face strategic decisions regarding attorney team staffing and the benefits and pitfalls of considering race and gender in that decision-making.
