Virginia Lawyer VA Lawyer August 2018 : Page-45

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WHY DIVERSITY? Why Diversity? continued from page 37 Diversity, Gatling notes, extends “past race and eth-nicity.” It encompasses a variety of personal characteristics, including sex, disability, gender identity, and gender expres-sion. It can even be expanded to issues such as “generational gaps, socioeconomic status, military status, and religious differences: anything that impacts how we relate to and work with each other.” The Virginia State Bar Diversity Conference is dedicated to making a positive impact in all of these areas. Its work is aimed at creating opportunities that encourage entry into and advancement within the legal profession among people of all backgrounds. Contrary to fears expressed by some bar members when the idea was fi rst proposed, diversity is not achieved through mandates or quotas. The proper role of numbers is to retrospectively assess the effectiveness of initiatives that create opportunities for inclusion, not to serve as ends in their own right. 19 Diversity is a worthy goal, which has broad benefi ts for both the legal profession and the public it serves. The Diversity Conference’s efforts to promote that goal deserve support from every member of the bar. Endnotes: 1 See D. Rhode & D. Yu, “The ABA Goal IX Commission Reports: Tracking Progress and Trends,” 17 Perspectives 16 (Summer 2008). ABA Goal IX has since been restated as part of Goal III. 2 See , e.g. , G. Conyers, “Diversity in the Legal Profession, Past and Future,” Mich. Bar. J., May 2015, at 18-19 (describing the history of diversity efforts by the Michigan State Bar, which commenced in 1986). 3 See Calvert Investments, Examining the Cracks in the Ceiling: A Survey of Corporate Diversity Practices of the S&P 100 (March 2015). 4 See S. Templeton, “8 Companies With Chief Diversity Offi cer Positions,” ITSP Magazine, Mar. 16, 2017. 5 R. Teixeira & J. Halpin, Building an All-In Nation: A View from the American Public 21 (2013). 6 “Diversity in the Workplace: A Statement of Principle,” 9 Bus. L Today 41 (July-Aug. 2000). 7 See , e.g. , Association of Corporate Counsel, Excerpt from Wal-Mart Stores, Inc. Agreement, at 12 (2008) (https://www.americanbar.org/ content/dam/aba/administrative/professional_responsibility/38th_ Dean Sparlin is a Fairfax-based attorney who advises management on employment issues, specializing in applications of sophisticated statistical techniques to the fi eld of employment law. He has 32 years of employment law experience, beginning at a large national law fi rm and, since 2003, as the founder of Sparlin Law Offi ce, PLLC. Mr. Sparlin holds a J.D. from the College of William and Mary and an M.S. in Statistical Science from George Mason University. 8 9 10 11 12 13 14 15 16 17 18 19 conf_session2_pages_from_sample_document_walmart_outside. authcheckdam.pdf) American Bar Association, Report Accompanying Resolution No. 113, adopted by the ABA House of Delegates on Aug. 8-9, 2016 (“Resolution No. 113 Report”), at 4. American Bar Association, Resolution No. 113 (2016). Resolution No. 113 Report at 6. Grutter v. Bollinger , 539 U.S. 306, 330 (2003) (citing amicus curiae briefs fi led by 3M and General Motors Corporation). V. Hunt, D. Layton & S. Prince, Diversity Matters 3 (2015). Id. at 9-13. K. Etsy, R. Griffi n & M. Hirsch, Workplace Diversity: A Manager’s Guide to Solving Problems and Turning Diversity into a Competitive Advantage 9-10 (1995). M. Greene, H. Johnson, A. Torres & L. Wong, “Beyond the Business Case -Diversity and the Small/Medium Firm,” presentation to the ABA Litigation Session Annual Conference (“ABA Presentation”), April 24-26, 2013, at 2. Institute for Inclusion in the Legal Profession, The Business Case for Diversity: Reality or Wishful Thinking 9 (2011). ABA Presentation at 2. U.S. Department of Justice, Civil Rights Division, Investigation of the Ferguson Police Department 88-89 (2015). This aligns with the broader approach of diversity programs across American industry, and is the only legally permissible approach to the issue. See 41 C.F.R. § 60-2.16(e) (federal requirements that expressly forbid quotas, set-asides for specifi c groups, guarantees of proportional representation, or other numerical mandates that would supersede merit selection principles). Join a Subcommittee. Our purpose is to promote inclusiveness in the legal profession and ensure the profession meets the needs of the increasingly diverse public it serves. We need the participation of like-minded lawyers across the entire spectrum of the legal profession. We need you to help pave the way. Interested In Getting Involved? You may select more than one subcommittee on the Membership Form. Visit www.vsb.org/site/conferences/diversity/join_a_subcommittee www.vsb.org VSB DIVERSITY CONFERENCE | Vol. 67 | August 2018 | VIRGINIA LAWYER 45

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