In this presentation FMC partner, Kate Broer, discusses facilitating diversity and inclusion as well as the similarities and differences between the United States and Canada. What drives Diversity?

1. Facilitating Diversity and Inclusion: Similar
Countries, Different Experiences
May 31, 2012 – ACC NY Chapter
Presented by:
Kate Broer, Partner, Fraser Milner Casgrain LLP ‐ kate.broer@fmc‐law.com
Reggie Rasch, General Counsel, LinkShare Corporation
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2. What is “Diversity”?
di∙ver∙si∙ty
1. the state or fact of being diverse;
difference; unlikeness.
2. variety; multiformity.
3. a point of difference.
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3. What is “Inclusion”?
in∙clu∙sion
1. the act of including.
2. the state of being included.
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4. What Drives Diversity?
• CANADA • UNITED STATES
approximately 33 million people approximately 310 million people
50% women and 25% non‐Caucasian 72% white (Census Bureau)
People with disabilities ‐ 1 in 5 12.6% Black or African American alone
2001 to 2006 ‐ aboriginal population grew by 22% 0.9% American Indian or Alaska Native
from 3.4% to 4.9% 4.8% Asian alone
Canada’s fertility rate has fallen to 1.53% 0.2% Native Hawaiian/Pacific Islander
By 2030, Canada will be 100% dependent on 6.2% Other Race alone
immigration for any growth (Statistics Canada) 2.9% Two or More Races
By 2012, Corporate Canada will be 100% dependent 16.3% Hispanic/Latino (included as white)
on immigrants for any growth (Conference Board) White was the slowest growing group (5.7%) between
Aging population – first baby boomers turn 65 in 2009 2000 and 2010
Women account for 6 out of 10 undergraduates Every other group grew by more than 10% over the same
(Statistics Canada – University Enrolment 2004/2005); period; Hispanic up 43%
2006 – 55% of lawyers 25‐34 are women Undergraduate enrollment of women outpaces men and
1/3 people of color
over 22% of bar applicants are from racialized
communities (Ontario)) J.D. Enrollment
‐ Women not quite 50% (ABA)
‐ Minority – 24.5% (2011‐2012)
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5. Multiculturalism and the Immigration
Equation
Visible Minorities
“persons, other than Aboriginal peoples, who are non‐Caucasian in race
or non‐white in colour” – Employment Equity Act
• Toronto is considered the most ethnically diverse city in the world –
more ethnically diverse than NYC, Miami, Los Angeles
• 2006 ‐ 47% of the Toronto population self‐identifies as a visible
minority
– over half of Torontonians were born outside Canada
‐ 47% have a mother tongue other than English (420,000
Chinese language)
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6. Immigration Source Countries
• Top Source Countries pre 1981 • Recent Top Source Countries
(2006 census)
• United Kingdom • China
• Italy • India
• U.S.A. • Philippines
• Germany • Pakistan
• Portugal • U.S.A.
• Netherlands • South Korea
• India • Romania
• Poland • Iran
• China • Great Britain
• Yugoslavia • Colombia
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7. The Legal Profession – Demographic.
• Law Society of Upper Canada
– 2009, Convocation approved inclusion of voluntary self‐identification
in the Lawyer Annual Report
• Aboriginal
• Racialized/Person of Colour/Ethnic Origin
• Religion or Creed
• Transgender/Transsexual
• Gay/Lesbian/Bisexual
• Francophone
• Person with Disabilities
• Option to indicate that do not identify with any of the personal
characteristics indicated
– 2009 Response Rate – 51% ‐ statistically significant
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8. Legal Profession – Self‐ID Survey Snapshot.
• For all racialized communities
– 8% of lawyers versus 23% of the Ontario population (2006 census)
• All Aboriginal communities
– 2% versus 2% of the Ontario population
• Persons with disabilities
– 3%
• LGBT
– 3%
• Francophones
– 6% versus 5% of the Ontario population
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9. Law Society of Upper Canada.
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10. Global Dimensions
Four Layers of Diversity. Syst
em
s
Ec
ono
m ic
Organizational Dimensions
Sy s
i cal tem
P olit t Fu s
m en nc t
Cl a iona
•Diversity is about more ge
na atus ss l L
Ma St External Dimensions ificat ev el
ion /
than ethnicity or gender Geographic
es
Appearance
g
De
Location
ua
mo
ng
Wo Fie
Internal Dimensions
gra
La
y
rk
•Personality (you) Marital Personal
rit
al
ph
ni o
Co d
Physical Ability
fici
Status Habits
ics
Se
nt e
l
Of
nt/
Race Gender
•Internal Dimensions Parental
Status Personality
Religion
Ethnicity Age
•External Dimensions
nit /
First Income
Gro nt / U
Lo
Wo t ion
Language
ca
Sexual
rk
up
e
Te
rtm
s
•Organizational Dimensions Orientation
lu e
Work
chn
pa
Va
Recreational Experience
o
De
log
nal
Habits
Educational
y
tio
•Global Dimensions Background
Na
Pr l
o
Af f essi siona
filia on Profes at io ns
t io a l f ic
ns Quali
Leg tt e
isl
ati o E tique
ess
n B usin
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11. Why is this important?
• Productivity
• Attracting and retaining top talent
– Increased job satisfaction
– Higher organizational commitment
– Lower turnover
• Diversified markets
• Global business relationships
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12. Work‐Life Balancing – It’s Not Just About Women.
Trends in the number of women employed
2006 – 58% of all women aged 15 and over had jobs up from 42% in 1976
2006 – 68% of men who were employed down from 73% in 1976
Women accounted for 47% of the employed workforce in 2006, up from 37% in
1976
The Economist reported at the end of 2009 that women were poised to cross the
threshold of 50% of the workforce in the United States
Pay gap remains
Men’s and women’s attitudes toward appropriate work and family roles are
converging
* Update to Women in Canada 2005 by Colin Lindsay and Marcia Almey, Statistics Canada
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13. Work‐Life Balance.
• Men’s and women’s attitudes toward appropriate work and
family roles are converging
* Ellen Galinsky et al. Families and Work Institute, 2008 National Study of the Workplace, Times are Changing:
Gender and Generation at Work and at Home
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14. Work‐Life Balance.
• Convergence of genders but also across generations
* Ellen Galinsky et al. Families and Work Institute, 2008 National Study of the Workplace, Times are Changing:
Gender and Generation at Work and at Home
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15. Work‐Life and Gender.
* Ellen Galinsky et al. Families and Work Institute, 2008 National Study of the Workplace, Times are Changing:
Gender and Generation at Work and at Home
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16. Legal Leaders for Diversity.
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17. Legal Leaders for Diversity.
A Statement of Support for Diversity and Inclusion by General Counsel in Canada
• We commit to promoting diversity in the workplace. We value the range of perspectives, ideas
and experiences that diversity provides, whether grounded in gender, race, sexual orientation,
disability, cultural background, religion or age.
• We believe diversity and inclusion create a broader, richer environment that enhances
creative thinking, innovation and problem solving. Inclusive organizations attract and retain
top talent.
• We will therefore encourage greater diversity and inclusion in our own businesses and co‐
operate to foster these same values throughout the legal profession and the larger Canadian
business community.
• We undertake to practise and advance diversity and inclusion by:
– Promoting diversity within our own departments.
– Considering diversity in our hiring and purchasing practices.
– Encouraging Canadian law firms to follow our example.
– Promoting diversity initiatives at all levels in the legal and business community.
– Measuring the effectiveness of our efforts.
• We, as advocates for diversity and inclusion, will demonstrate our commitment through
specific actions including one or more of the attached “Be an Advocate” initiatives.
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18. Legal Leaders for Diversity.
Be an Advocate
1. Create a “diversity‐friendly” law department through actions as well as words. Know your
organization’s diversity plan and talk to your groups about it to make sure they understand
how important it is. Be visible in your support; attend your organization’s diversity events.
2. Hire from a diverse pool. Establish a diversity intranet website to show role models for
career progression.
3. Make diversity and inclusion a standing item on quarterly team meeting agendas.
4. Build diversity and inclusiveness plans into employee reviews.
5. Create a mentoring program within your law department where lawyers mentor people from
diverse backgrounds. Consider two–way‐ and reverse‐mentorship programs, and also
mentoring outside your organization.
6. Make coaching in diversity and inclusiveness part of all leadership training. Educate your
organization’s leaders to ensure they understand, champion and effectively communicate
the business case for diversity and inclusion.
7. Consider establishing an External Diversity Advisory Committee to guide business leadership.
Find ways to measure success and hold leaders accountable for progress in diversity and
inclusiveness.
8. In dealing with outside law firms, make sure they know diversity is one of your organization’s
core values and that you expect to see diversity and inclusiveness on your legal teams.
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19. Legal Leaders for Diversity.
Be an Advocate
9. Retain minority‐ or women‐owned law firms whenever possible.
10. Support vendors and suppliers whose ownership or employee base reflects a commitment to
diversity and inclusion.
11. Be an Advocate. Speak with other CLOs about diversity and inclusiveness and share best
practices.
12. Join with law schools to support initiatives such as Minority Law Job Fairs.
13. Help develop Diversity Employee Networks and act as an Executive sponsor of one of them.
14. Participate in or host a meeting of Legal Leaders for Diversity and Inclusion.
15. Find and support an organization that promotes diversity, such as a youth program or TRIEC.
16. Participate in programs such as ITLP where you host internationally trained lawyers in your
law department.
17. Use your general counsel networks to support diversity and inclusiveness initiatives.
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20. FMC’s Commitment to Diversity and Inclusion.
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21. FMC’s Diversity Mission.
• We commit to create and nurture an environment of
inclusiveness at FMC where the diversity of our work force
contributes to the enrichment of our firm, our professional
practice and our community. To accomplish this mission, FMC
will:
– develop a comprehensive plan and dedicate the necessary resources to
achieve the mission,
– take concrete steps in adopting and advancing policies to ensure FMC reflects
a diverse community and recognizes the particular challenges facing lawyers
and staff from under‐represented communities,
– increase the diversity of the individuals involved in our firm’s decision‐making
process, and
– educate and train our lawyers and staff to understand and become committed
to diversity and inclusion.
Fraser Milner Casgrain LLP, Diversity and Inclusion Mission Statement
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22. How to be a diversity champion.
1. Make a decision to be a change agent.
2. Mentor someone who doesn’t look like you.
3. Emphasize Inclusion.
4. Stand up to inequity.
5. Don’t Blame.
6. Don’t Assume.
7. Educate.
8. Embrace difference.
9. Create inclusive messaging.
10. Provide a “safe‐space” for dialogue.
11. No one is perfect.
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23. Living The Values.
• Senior leadership commitment
• Bottom up is as important as top down
• Cajole, convince, manipulate, encourage
• Accountability
• Checking in – “walk the talk”
• Celebrate the small victories
• Have a blow out party for the bigger ones
• NEVER GIVE UP
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24. Credits and Helpful Links.
• http://rc.lsuc.on.ca/jsp/equity/policies‐publications‐reports.jsp
• www.familiesandwork.org/site/research/reports/Times_Are_Changing.pdf
• http://www.cba.org/cba/practicelink/balance_diversity/default.aspx
• http://www.americanbar.org/groups/legal_education/resources/statistics.html
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25. The preceding presentation contains examples of the kinds of
issues companies dealing with diversity in the workplace
could face. If you are faced with one of these issues, please
retain professional assistance as each situation is unique.

26. Kate Broer
kate.broer@fmc‐law.com
(416) 863‐4574