Recently, a senior partner in a prominent law firm explained to an Asian junior associate his thoughts on hiring minority candidates, "If something happens," he confided, "they might file a discrimination suit." He went on to express dismay over his lack of success in recruiting, but could not see his own ambivalence as an obstacle.

Had he been honest with himself, this partner might have acknowledged that the potential for EEOC complaints or discrimination suits was not the true issue. As employers often do, he had lumped all minority candidates together and prejudged them without giving them a chance. Similar unacknowledged attitudes are responsible for pushing already hired and trained minorities and women right out the door; but there are a few things employers can do to keep this from happening.

Diversity Training

Studies show most people display a preference for persons most resembling themselves physically, culturally and socially. In the case of legal employers where white males still dominate, a young, white male will likely generate that instant empathy. His appearance, voice and mannerisms will strike a note of familiarity and garner trust and the best training, assignments, appreciation and supportive relationships while women and minority associates may receive less desirable treatment.

Exploring management biases during mandatory, diversity training sessions may sound warm and fuzzy, or even cliché; but this type of constructive self examination may help resolve problems before they arise.

A Policy of Listening

Legal employers, in particular, know discrimination is illegal; but it happens. By the time most minorities or women settle into their new legal careers, they are all too familiar with the subtle manifestations of racism and sexism. Having faced it for a lifetime, they recognize bias, even if bosses won't recognize it in themselves; and it can push them into looking for another job.

Allowing everyone a voice, a process for addressing concerns with a senior authority willing to listen with an open mind, is a simple solution that can lead to a better working environment.

A Written Policy

The legal profession is the ultimate Old Boys Club, self contained, self policing, operating the same way for decades. Minorities and women may see themselves as outsiders barnstorming a hallowed environment that really doesn't want them; but employer policies and practices should show otherwise. A written non-discrimination policy, regularly reviewed and initialed by every employee, is a good beginning.

Non-discrimination should be a commitment emanating from the top down. It should be indisputable and not just a slogan on the HR department wall. A clear policy will set a tone of confidence, allowing minority employees to work diligently instead of watching their backs at every turn or contemplating their next career move.

Conscientious Mentoring

An office can be a hostile environment when you're the only woman or minority; but a mentor genuinely interested in your welfare can ease the strain. True mentoring takes time out of already busy schedules, but a sincere effort will undoubtedly help retain employees you've already spent considerable money and effort to train. Take great care when matching mentors and mentees. Once matched, mentors should make an effort to stay in regular contact with their mentees and, even when busy, they should think of creative ways to reach out to them. Tools such as Instant Messenger can be used to keep the lines of communication open between mentors and mentees, even when they don’t have much time.

Inward-Looking Diversity Materials

Most legal employers direct their diversity statements and reports to clients, organizations that conduct diversity studies, and potential employees. However, the diverse attorney who is currently working within that firm or company is not reached by these efforts. Instead, employers should have a dual-focus, with certain diversity-related information being aimed at current employees. They can do this by devoting sections of their websites and policy documents to their diverse attorneys. For example, if diversity luncheons or presentations are conducted, the company website (password-protected to only be accessible by employees) could provide an overview of these discussions so that all employees (whether they could make it to the meetings or not) are updated, and are knowledgeable about what steps the firm is taking.

A Policy of Respect

Biases can be deeply ingrained and unacknowledged, like the senior partner who did not sense the irony of explaining to an Asian associate his thoughts on minorities filing discrimination complaints. Such biases come across as a basic lack of respect.

Legal employers should have a policy of diversifying their staff with the strongest women and minority candidates available. Once hired, they should challenge them with legitimate learning experiences, make certain they understand what is expected of them and offer timely and honest feedback. Just like everyone else, they will see such openness and honesty as support and respect. They will also feel valued and inspired to do their best.

**by Carol Rucker for JD Diversity