The research is clear: Diverse organizations perform better —not only are they more profitable, but they are in a better position to recruit talent, and their diverse teams make better decisions than homogeneous groups.

While diversity alone is a laudable goal, organizations and the individuals within them fare better when they also pursue inclusion equity. Consequently, organizations should define them separately:

• Diversity —The presence of difference within a given setting. Often diversity will refer to the social identities of people within an organization.
• Inclusion —The process by which people with different identities feel valued and welcomed in a given setting. Inclusion is a set of behaviors that embrace diversity and leverage them to make the organization more successful. An organization can be diverse without being inclusive.
• Equity — A process to ensure people have access to the same opportunities, while recognizing that not everyone starts from the same place and that eliminating barriers may be necessary to ensure opportunity.

The United States Supreme Court has recognized the value of diversity in many contexts, and, in one case commented, “Effective participation by members of all racial and ethnic groups in the civic life of our Nation is essential of the dream of one Nation, indivisible, is to be realized.” The benefits of diversity, however, are not limited to race and ethnicity, and apply with equal force to other social identities, including gender and gender identity, sexual orientation, age, ability status, religion and creed. And effective participation in the civil life of our Nation should include the opportunity to receive a legal education and practice the profession of law.

Despite the importance of diversity in promoting a just society, law remains one of the least diverse professions, both in terms of racial and ethnic diversity and gender diversity. Equally concerning is the fact that approximately 70% of diverse associate attorneys and approximately 85% of diverse lateral attorneys leave their firms within five years of being hired.

Equity and inclusion impact the well-being of employees within organizations. In one study, over 80% of employees who experienced, or even witnessed, bias in the workplace reported that it had a negative effect upon their happiness, confidence, and well-being. Unfortunately, in many organizations, employees often feel that they must “hide” or “assimilate” one or more aspects of their identities, even though research demonstrates that their performance suffers when they do so. Ultimately, a sense of belonging within an organization reduces employees’ stress levels and improves their physical health and emotional well-being.

To achieve the benefits of inclusion and promote well-being, organizations must do more than simply treat diversity as a question of demographics. Organizations that value diversity only as measured by the demographic profile of designated groups will fare less well than organizations that broadly value inclusion and belonging. Consequently, organizations should focus upon dimensions of organizational culture that promote employee belonging and retention, including:

• Common purpose — Individuals experience a connection to the mission, vision, and values of the organization.

• Trust — Individuals have confidence that the policies, practices, and procedures of the organization will allow them to bring their best and full self to work.

• Appreciation of individual attributes — Individuals perceive that they are valued and can successfully navigate the organizational structure in their expressed group identity.

• Sense of belonging — Individuals experience their social group identity as being connected with and accepted in the organization.

• Access to opportunity — Individuals perceive that they are able to find and utilize support for their professional development and advancement.

• Equitable reward and recognition: Individuals perceive the organization as having equitable compensation practices and nonfinancial incentives.

• Cultural competence: Individuals believe the institution has the capacity to make creative use of its diverse workforce in a way that meets business goals and enhances performance.

• Respect: Individuals experience a culture of civility and positive regard for diverse perspectives.

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Recommendations:

Action	Challenge Level
1.     Participate in the Colorado Pledge to Diversity.   Introduce your organization to talented law students from traditionally underrepresented backgrounds and provide summer clerkship opportunities to diverse law students. Visit https://coloradopledge.com/ for more information on joining The Pledge.	Easy
2.     Provide your employees with access to diversity, inclusion, and equity training, resources, and events.	Easy
3.     Directly offer or support lawyers in attending business development symposia or other educational opportunities specifically designed for women and traditionally underrepresented lawyers.	Easy
4.     Incentivize participation in diversity, inclusion, and equity education and initiatives by incorporating engagement into the organization’s compensation structure.	Easy
5.     Create an effective and sustainable internal mentoring and sponsorship program for women and lawyers from underrepresented communities.   Utilize the resources of the Colorado Attorney Mentoring Program to assist in developing these programs or improving current internal mentoring and sponsorship programs. Visit www.coloradomentoring.org for more information on the CAMP program.	Moderate
6. Create inclusive workspaces and organizational policies to support neurodivergent employees. 1. Engage Employees in Designing Their Work Structures Offer open conversations and assessments to understand individual preferences and challenges. Allow neurodivergent employees to co-design their schedules, such as adjusting work hours, remote work options, or breaks to align with their peak focus times. Tailored schedules improve productivity, job satisfaction, and retention. Example: A neurodivergent employee may work best in quiet environments during the early mornings; create a plan that supports remote work or flexible hours. 2. Implement Outcome-Based Work Models Shift focus from rigid schedules to results-driven performance metrics. This approach values deliverables over hours worked, reduces stress, allows employees to work at their best, and increases overall effectiveness. Example: A legal professional can meet deadlines and attend key meetings but may prefer to work asynchronously on document drafting. 3. Provide Sensory-Sensitive Work Environments Offer options such as noise-canceling headphones, quiet rooms, or adjustable lighting for neurodivergent employees working onsite. For remote employees, provide stipends for ergonomic or sensory-friendly home-office setups. A comfortable environment enhances focus and well-being. 4. Train Managers on Neurodivergent Inclusivity Conduct workshops for leaders to understand neurodivergent needs and how to support flexible work models effectively. This Increases empathy, reduces stigma, and ensures consistency in policy application. Example: Educate managers about common accommodations, like extended deadlines during overstimulation periods. 5. Regularly Review and Adjust Policies Schedule periodic check-ins to ensure flexible work arrangements remain effective and address evolving needs. This keeps the system adaptive and foster trust between employees and management.
7.     Develop a robust and substantive equity, diversity, & inclusion initiative within the organization. ·       Consider creating a position dedicated to improving and sustaining diversity, inclusion, equity, and belonging within the organization. ·       Develop a diversity & inclusion action plan. ·       Include diversity, inclusion, and equity goals in the organization’s business or strategic plan. ·       Create ongoing programming and educational opportunities for lawyers regarding implicit bias. ·       Evaluate institutional barriers to the success of women and underrepresented lawyers and create a plan to remedy those barriers. ·       Survey employees on organizational culture, lawyer autonomy, morale, and belonging.	Challenging

Real World Examples from Pledge Participants:

• Hired a DEI Specialist that is providing DEI learning sessions to the attorneys on an ongoing basis. We have 2 lunch and learns directly relating to diversity and inclusion this year. Additionally, this role brings diversity-certified courses to the forefront of the attorney on an ongoing basis. We have updated our employee handbook through the EDI lenses as well.
• Maintained a Diversity, Equity, and Inclusion Committee, chaired by our paralegal, and with participation by Members, Associates, and support staff.  We discussed the interplay between well-being and diversity, equity, and inclusiveness at various times.
• Had a firm book group discussion on the book, “Caste: the Origins of Our Discontents” by Isabel Wilkerson to discuss the major impact that DEI issues can have on individuals and the broader community, and the significance of diversity, equity, and belonging considerations on the topic of well-being.
• Encouraged all employees to put a diversity, equity, and inclusion biography on our firm’s website to highlight each individual’s unique identity and to encourage a sense of belonging.
• Provides regular and innovative support for the well-being of all employees, including attorneys and professional staff from underrepresented communities. As individual’s needs are not uniform, and the firm seeks to provide an array of resources – from mentoring through our affinity groups to webinars and other resources – empowering our employees with information about resources most appropriate for them at any given time.
• Below is a non-exhaustive but representative list of various DEIB related programs and resources we offer to support the well-being of our employees:
  • Affinity Groups: the firm has multiple self-formed voluntary affinity groups. These groups serve as invaluable mentorship, support, and friendship networks for many of our attorneys and professional staff and include groups supporting all who identify as caregivers, Black, Indigenous, and other People of Color (BIPOC), LGBTQ+, women and non-binary colleagues, veterans, and first-generation attorneys and professionals who are in the first generation of their family members to graduate from college or law school.
  • APCares Community: a firmwide affinity group designed to support caregivers by providing relevant programs and content, collegial support communities, and firm resources.
  • D&I Office Hours: a recurring program where the Chief Diversity & Inclusion Officer and D&I Committee Chair discuss DEIB topics relevant to the firm Community.
  • Programming: Our firm hosts periodic programing on well-being topics for underrepresented communities. The firm recently hosted the 2023 Diversity & Inclusion (“D&I”) retreat offered presentations on workplace mental health, focusing on individual support, developing team adaptations that could be individually tailored, and an interactive session on impostor syndrome.
  • Newsletters & Other Communications: the firm has an internal D&I newsletter, which highlights relevant well-being topics, tips, and reminders.
  • Importantly, associates are provided with diversity and inclusion engagement and community service hours, along with the well-being credit hours noted elsewhere to ensure they prioritize participating in the firm’s programs in these areas.
• The DEI committee focuses on providing educational programs and activities that celebrate diversity and inclusion to foster a well-rounded firm atmosphere. The DEI committee hosted a presentation by Judge Chris Cross on his book “Beat the Drum for Justice” in November 2024 to the entire firm.