If asked to pick one line to summarize a frank discussion among six leading voices of the diversity and inclusion agenda, it would be difficult to top the words of Lorne Sossin, Dean of Osgoode Hall Law School: “Lack of diversity is a mischief to be addressed, not simply a fact to be described.”

The quote comes from the conversation which took place during the “Diversity in Leadership” panel at the December 2015 OBA Council meeting, a discussion moderated by Charlene Theodore, Chair of the OBA Equality Committee. April 17 is Equality Day - commemorating the date in 1985 when Section 15 (the Equality Rights provision) of the Canadian Charter of Rights and Freedoms came into force – and it offers an opportune time to reflect on best practices being implemented by leading organizations.

The benefits of actively working to achieve diversity and inclusion (D&I) seem obvious once they are articulated. Terrie-Lynne Devonish, Chief Compliance Officer, North America at Aon Corporation, pointed out that diverse perspectives lead to diversity of thought and ideas that can mitigate the dysfunction of groupthink and help overcome the negative effects of implicit bias. Seconding the point, Monica Kowal, Acting Chair of the Ontario Securities Commission, noted that a diversity of viewpoints and experiences generate differences of opinion which enhances the quality of debate – an important factor when organizations are making decisions.

Successful D&I policies afford a competitive advantage, from mirroring customers to better understanding cross-border and cross-cultural market opportunities to winning the war for talent, and make an organization more attractive to employees and clients.

When advocating for D&I policies, it can be helpful to frame the internal and external benefits of for an organization.[1] Successful D&I policies afford a competitive advantage, from mirroring customers to better understanding cross-border and cross-cultural market opportunities to winning the war for talent, and make an organization more attractive to employees and clients. From an internal governance improvement perspective, employees are more engaged (and therefore more productive) and better-positioned to handle succession planning for an increasingly diverse workforce.  

Michael Bach, founder and CEO of the Canadian Centre for Diversity and Inclusion (CCDI), noted that law firms and legal organizations generally run the risk of missing out on the opportunities presented by robust diversity and inclusion policies. Great talent and opportunities can be overlooked due to systemic barriers. However, implementing a commitment to diversity and inclusion requires more than simply desiring it. Devonish noted that organizations have a natural fear of change and so there needs to be buy-in from leadership. Kenneth J. Fredeen, General Counsel, Deloitte Canada, and a member of the Executive Committee of Legal Leaders for Diversity, concurred, noting that successful implementations of D&I policies need to be seen as institutional, process-driven initiatives that are proactively advanced by an organization’s leadership. The CCDI’s 2013 Diversity Staffing Structures report concluded that the more senior the individual(s) with accountability for D&I implementation are, the more effective the initiative will be and the more seriously D&I will be treated. Leaving D&I implementation to the initiative of individuals, Fredeen noted, is insufficient “because if we leave it informal, we leave it to hidden biases and diversity just doesn’t happen. […] By really having somebody pave the way for someone [from a diversity-seeking group] in the organization [for something that otherwise] wouldn’t happen naturally, that’s a huge thing in promoting diversity”

That being said, the need to focus on and include individuals at all levels of an organization cannot be overlooked. There are a number of aspects to the interface between individuals and D&I initiatives. As Sossin pointed out, D&I should be measured not just with reference to the top ranks of an organization but holistically throughout the organization – diversity should permeate all levels of an organization. There are multiple ways that individuals can impact and be impacted by D&I initiatives. In its report, What Gets Measured Gets Done: Measuring the Return on Investment of Diversity and Inclusion, the CCDI advocates including an individual’s D&I work as part of their performance evaluation and throughout their life-cycle as an employee. Ultimately, the goal is to demonstrate that the commitment to D&I is “more than just lip service.” CCDI suggests five steps to overcoming organizational resistance: engaging all employees, involving all employees, helping employees recognize that diversity is a strength in the marketplace, teaching employees how to use diversity to improve organizational effectiveness, and emphasizing the value of diversity management as a sought-after competency.[2]

Mentors are necessary, but sponsors – champions for the promotion of individuals – are crucial to the continued success of D&I initiatives.

Individuals also need to be mentored and sponsored. As Bach explained the difference: a mentor talks to you, whereas a sponsor talks about you. Sponsors, in short, take ownership of your career advancement, and champion you to others in the organization. A mentor could advise whether it’s a good career move to get onto a particular client team; a sponsor is knocking on the doors necessary to actually get you placed on the team. Mentors are necessary, but sponsors – champions for the promotion of individuals – are crucial to the continued success of D&I initiatives.

Aspiration is good but implementation can be difficult. How can organizations assess whether they are achieving their diversity goals? The panelists were unanimous on the point that raw data is critical. However, while empirical measurement is a necessary precursor for effectiveness, the panelists were also united in voicing that data alone is insufficient. Education and holding people accountable are required, said Fredeen. Mechanisms for ensuring accountability include weighting D&I metrics more heavily as employees ascend an organization’s structure. Obtaining an accurate picture of where an organization is with reference D&I metrics requires measurement that requires not just collecting data but also determining what data to collect. Helpfully, the CCDI provides organizations with free, accessible and practical ideas for how to start this process.[3]

Success also requires formulating long-term strategic objectives of the D&I strategy. This can range from simple objectives such as establishing formal mentoring and sponsorship programs, to more difficult ones such as increasing the representation of specific underrepresented groups at specific levels of the organizations by a defined amount by a target date.[4] CCDI suggests using the popular SMART Goals framework, which calls for goals to be Specific, Measurable, Achievable, Realistic and Time-bound. Such goals can include internal communication strategies, identifying mentors and sponsors and cultural competency training.

Successful D&I implementation relies on an iterative process of soliciting meaningful feedback from stakeholders, qualitative assessments of policies, practices and activities and improvement. What is key is the impact on the lived experience of participants in the process – diversity and inclusion should be more than mere slogans, they should be principles realized through action. As Kowal reminds us, “Inclusivity and diversity are a societal good. The more inclusive we are, the more fair and democratic our society is.”

About the Authors

Juliet Knapton is a lawyer, mediator and lecturer at the University of Ottawa and the Advocacy Club. She is a past chair of the OBA's Equality Committee, Young Lawyers Division and Pro Bono Task Force.

Bob Tarantino, of Dentons Canada, is a member of the OBA Board of Directors and Council and is the immediate past chair of the Executive Committee of the OBA’s Entertainment, Media and Communications Law Section. Bob is an adjunct lecturer at Osgoode Hall Law School.