Page 37 - CCCA Magazine. Winter 2018

{ LegaL innovation }

inClusion noW:

moving tHe needle on diversitY

By Nikki Gershbain

Diversity continues to be a challenge for Big Law. Law school “Diversity is being invited to the party;
enrolment of women, racialized and Indigenous students is inclusion is being asked to dance.” It is not
enough to recruit diverse talent; efforts
at an all-time high, yet these demographics are not refected have to be made to ensure people want to
in the recruitment, retention and advancement of lawyers at stay. This involves creating a culture where
inclusion is a core element, integrated
Canada’s largest law frms. into all workplace policies and processes.
This is not to say that numbers are
not important. To the contrary, when
n recent years, frms have made diver- Inclusion Now is our commitment to en- we focus our efforts on creating a work-
sity and inclusion a priority—studies suring the values of diversity, inclusion place where all employees are valued,
ishow diverse workplaces improve en- and social responsibility inform every supported and provided with equal op-
gagement, drive innovation and achieve aspect of who we are and what we do. It portunities, and where hidden barriers
greater proftability. For instance, a 2018 is a focused commitment to recruiting are identifed and eliminated, diversity
McKinsey & Company report, Delivering and promoting diverse talent, fostering becomes both a natural outcome and a
through Diversity, found a strong link be- an inclusive workplace, and giving back measure of success.
tween diversity and fnancial outperfor- to our community. Third, these efforts have to start at
mance. The study showed companies in Investing resources in diversity, includ- the top. It is only when senior leadership
the top quartile for gender diversity on ing by creating my leadership role, is the makes diversity and inclusion a business
their executive teams were 21% more frst pillar. priority, supports and communicates
likely to experience above-average prof- For my part, I am approaching my port- these values authentically, and leads by
itability than those in the fourth quartile. folio with three guiding principles in mind. example that diversity programs succeed.
Those in the top quarter for ethnic and First, we need to look beyond the busi- For our part, the Inclusion Now initiative
cultural diversity had a 33% likelihood ness case for a rationale for our efforts. was conceived of by our CEO, Dave Leon-
of outperformance. According to a 2013 study of visible mi- ard, who has in turn given me a frm-wide
After 15 years in the not-for-proft and norities in the legal profession by Ryerson mandate to achieve genuine change.
public sector worlds, I recently joined professors Avner Levin and Asher Alkoby, As many commentators before me have
McCarthy Tétrault as Senior Director, one of the main reasons diversity efforts noted, the legal profession has a diversity
Inclusion and Community Engagement. have stalled is because law frms are treat- problem. Solving this problem will not
This frm has a proud history of leader- ing diversity as only a business matter, happen overnight. These issues are com-
ship in the diversity space, as the frst Ca- when it is also an equity issue. plex and multi-dimensional, and the bar-
nadian law frm to appoint a Chief Inclu- Working to build and retain a diverse riers to change are often structural. How-
sion Offcer and as one of Canada’s Best workplace cannot just be a promise made ever, examples like McCarthy Tétrault’s
Diversity Employers six years running. to clients or to the bottom line—it has to Inclusion Now initiative provide hope for
However, like many other Canadian also be a promise to employees and must real progress. I personally take comfort
law frms, we are still working to bridge include a commitment to fairness. Build- in knowing frms like mine are prepared
the gap between our vision for a diverse ing diverse teams and creating space for to invest the resources, commitment and
workplace and the challenge it takes to different voices is not merely the smart leadership needed to move forward.
get there. While we improve every year, thing to do—it is the right thing to do, ir- That’s a big opportunity to solve a Big
there continues to be a gap between our respective of the bottom line. Law problem. ❚
ambitions and our achievements. So, to Second, we need to move away from
take our commitment to the next level, in diversity as an end goal and toward inclu-
October we launched an innovative new sion as a state of mind. As diversity and Nikki Gershbain is Senior Director, Inclusion and
strategy called Inclusion Now. inclusion expert Vernā Myers explains, Community Engagement at McCarthy Tétrault LLP.

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