CBA Record May-June 2023

their diversity commitments. Whether the diversity benchmarks used for assess ments are ESG contributions, CRA rat ings, or published diversity policies, data, or practices, due diligence is conducted before a decision to select a strategic part ner or business colleague. Alicia Garcia Abner, CEO of Trinal, Inc., a 25-year-old national DEI consult ing firm and former Director of the City of Chicago’s Minority and Women-Owned Certification Department, notes that: “In our [certification] business, when people thought of diversity, they saw it as the low-hanging fruit or a way to win easy points with a prospect and to help them achieve a positive outcome to an RFP or meet some other diversity goal. Now corporations acknowledge that regulatory or self-imposed goals in their policies must be viewed as the floor and not the ceiling. In other words, both diversifying business vendors and work force talent must be maximized at every level. The marketplace is watching, and smart leaders know that diversity is the only way to ensure economic develop ment and growth.” DICE leadership goes beyond that basic philosophy and observes that authentic diversity cannot be based on relying on artificial measurements and certifications sold by private companies to law firms and businesses. DICE knows that diversity certifications and renew als are for sale, and there is an expecta tion that the certification purchasers will also buy other suites of diversity products and programs. DICE recommends that the best way to achieve diversity is when in-house personnel develop a consensus about short- and long-term strategies customized to their circumstances and resources, making each employee work to achieve those goals because they have skin in the game. 2023 YLS Diversity Week was based, in part, on recent research conducted by the American Bar Association. Phelps says additional inspiration arose with “my desire to have a CLE about practicing law with a mental disability. But after solic iting feedback from YLS members, that idea quickly evolved into a conversation

HISTORY WILL JUDGE

BY NINA FAIN

DICE Celebrates 2023 Diversity Week T he DICE Committee (Diver sity, Inclusion, Culture, Equity and Engagement) joined with

lenges so that opportunities are distrib uted fairly. Attendees were reminded that when problems are solved in non-confron tational ways, trust and communication are improved and the risk of conflict decreases. Timely Lessons The lessons from 2023 YLS Diversity Week are timely. Why? DEI is no longer considered merely a human resources trend. Law firms, governmental bodies, and corporations recognize the benefits of diversity and have accepted that most clients, customers, and constituents have changed their views and no longer see DEI as a talent search fad. Most people understand that diversity is important to any business, government, or legal entity because it can be a critical driver in achieving organizational success. The par adigm shift in recognizing the importance of diversity has been reflected in person nel recruitment, onboarding training, and vendor solicitation across industries and organizations. No longer an exception to the rule, the presence of different cultures, races, and ethnicities is now the norm in American workplaces. It is now under stood that leaders, before making deci sions about how and to whom to direct opportunities, often review law firms and companies to evaluate the seriousness of

the Young Lawyers Section to support YLS Diversity Week, a fresh approach to assessing diversity issues in the work place. Led by incoming YLS Second Vice Chair Gavin S. Phelps, the multi-part series aimed to deepen our understanding of the need to promote equity, inclusion, and engagement in a new generation of legal professionals. Phelps curated a phe nomenal CLE training series that focused on several issues that surround diversity. Panelists included many new faces and expanded the diversity tools that we can use to navigate racial, ethnic, gender, and gender orientation discrimination. YLS Diversity Week also provided guidance on other, more nuanced types of discrimination such as microaggres sion, entitlement, and privilege, which are often prevalent in the workplace and in membership associations. As we acquire more tools to use when con fronted with these issues, we can learn how to engage “bad actors” in neutral settings. Session attendees also learned how to employ thoughtful and delib erative ways to address diversity concerns in ways that can assure that everyone is engaged in finding solutions to chal

Nina Fain, CBA Treasurer and Chair of the Finance Committee, is counsel to the JS Schirn Family Trust, Co-Chair of the CBA DICE Committee, CBA Record Editorial Board member, and Co-chair of the new CBA Cannabis Committee.

38 May/June 2023