Successful Strategies for Recruiting and Retaining LGBT Attorneys by Victor M. Marquez

Fall 2009

When I announced my intention to run for president of the Hispanic National Bar Association in 2006, I received a number of troubling phone calls from members of the organization. Their message was that the HNBA was "not ready" for an openly gay president, and some recommended that I withdraw from the race. I did not, and succeeded in becoming the first openly gay president of the HNBA.

It can be difficult to be an openly gay attorney. Even in my native San Francisco—a city with one of the largest lesbian, gay, bisexual, and transgender (LGBT) populations in the country and with a long history of advocacy for LGBT rights—it was with great trepidation that I decided to disclose my sexual orientation to select coworkers at my firm and then only after three years had passed since I graduated from law school. Despite my initial fears, I was gratified to discover that my coworkers were exceptionally open-minded and supportive.

Now, when I lecture across the country, I perceive an increased desire on the part of employers to provide equal opportunities and access to work-related benefits to LGBT employees. Although I suspect that some part of this enthusiasm may be driven by fear of discrimination lawsuits, these are still promising developments. Moreover, the domestic-partner and gay-marriage initiatives that have been instituted in an increasing number of states have created a higher degree of awareness of the rights of the LGBT population.

Legal employers—particularly law firms—are well positioned to accelerate open acceptance of LGBT attorneys. It is regrettably still true that some law firms continue to have a culture of outright homophobia; for other firms, an attorney's ability to fit into the prevailing "jock mentality" is a more likely indicator of success than actual skill at doing one's job. Obviously, LGBT attorneys are not alone in facing this sort of prejudice, but the larger point is that employers must be cognizant of workplace culture and strive to create an environment that is inclusive of all its employees. Managers must also ensure that their offices are friendly to gay staffers who are not comfortable coming out to their coworkers immediately.

To this end, there are many proactive measures that law firm management can implement in order to facilitate a more enlightened office culture. Programs in diversity training, such as roundtable discussions and panels on LGBT rights, can educate straight attorneys while creating an atmosphere of acceptance and inclusiveness of LGBT lawyers. When I worked at a major law firm, I teamed up with attorneys from two other firms to organize a diversity workshop that attracted many participants from several different firms. In order for such events to succeed, however, conspicuous and genuine management buy-in is crucial, with both straight and gay attorneys strongly encouraged to attend.

Legal employers can also assist LGBT attorneys by instituting administrative processes that enable them to self-identify as LGBT in a discrete manner, if they choose to do so. For example, firms should provide attorneys the option of selecting benefit options through strictly confidential applications and insurance forms that will permit them to quietly disclose their sexual orientation while maintaining the level of privacy they desire in this regard.

Increased hiring of LGBT attorneys can also help shift a firm's culture. Of course, recruiting these individuals poses a particular challenge, since most applicants do not reveal their sexual orientation to recruiters. However, ensuring that recruiters can readily identify groups like Lambda Legal Defense and other LGBT organizations can facilitate this process. Law firms recruiting lateral hires should consider connecting with LGBT organizations directly and distributing job postings to institutions that perform advocacy work on behalf of LBGT groups. Advertising in LGBT periodicals could also increase a firm’s presence in that community.

For young LGBT attorneys, I strongly advise finding a community. Speak with openly gay partners, professors, and classmates about the challenges they face and the progress they have seen. Join LBGT sections of the ABA and other bar associations. The HNBA, for instance, has members of all ethnic, racial, sexual orientation, and gender backgrounds. Here in San Francisco, the La Raza Lawyers Association recently created a scholarship for law students working with the transgender community, the first of its kind in the nation.

My election to HNBA president is just one example of many efforts of individual LGBT attorneys to diversify the profession in recent years. When the leadership of mainstream organizations takes initiative on LGBT issues, they can foster meaningful change in the legal community. It is something I have witnessed in my life as many of those who initially discouraged me from running for HNBA president have since apologized and acknowledged that having an openly gay president has strengthened the organization.

And I know I am not alone. At our national convention, I witnessed gay and lesbian attorneys continuing to break down barriers: on the dance floor, for the first time in the history of the organization, men danced with men and women with women. That night, many attorneys, tears in their eyes, told me that for the first time in their professional lives they felt like they could be themselves. They could be out.

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Victor M. Marquez is former president of the Hispanic National Bar Association. He is the founder and principal of The Marquez Group, a boutique firm in downtown San Francisco, where his practice focuses on real estate transactions, private and public finance, state and local government relations, immigration, and criminal law.

Mr. Marquez has served as president of the San Francisco La Raza Lawyers Association, the Mexican Museum, the advisory board of the American Jewish Congress, board director of the S.F. LGBT Center, and board director of the AIDS Legal Referral Panel. He has also served as the general counsel of the San Francisco La Raza Lawyers Association for four different terms. For his community work, Mr. Marquez has been recognized by the Hispanic Chamber of Commerce as one of the most influential leaders in the San Francisco Bay Area and by Hispanic Magazine as one of the 100 Most Influential Hispanics in the U.S., and was given the Hero Award by AGUILAS, a gay men support group in San Francisco.

In 2008, he legally married in San Francisco his partner of 18 years, Dr. Matteo Garbelotto - Plant Pathologist and Microbiologist at U.C. Berkeley.