True Diversity Fosters Inclusion, Not Exclusion by Irene M. Recio

Fall 2009

Historically, diversity committees in major law firms have focused their efforts on hiring attorneys from many varied backgrounds—be they African-American, Hispanic, Asian, disabled or LGBT (Lesbian, Gay, Bisexual, Transgender)—and empowering those individuals to speak out on behalf of their affinity groups. While these measures are necessary and worthwhile, achieving diversity is not simply a matter of advocating the position of the people like you; it is equally important to engage individuals from many different backgrounds. While "LGBT" is typically used to define a single group, the members themselves are vastly different and face their own unique experiences. It is important for people from all backgrounds to have a voice, therefore inclusiveness, rather than exclusiveness, is the hallmark of a genuinely diverse environment.

The campaign of President Barack Obama provides an instructive example, as the President actively reached out to citizens from every cross-section of American life. When people of all backgrounds believe they have a voice, speak frankly and offer suggestions on issues like sexual orientation and race, they are more amenable to change and willing to listen to challenging messages. For this reason, I have seen that some of the best advocates of diversity have been white men. When a person, regardless of race, background, sexual orientation, etc. actively participates in the conversation, they feel vested in the success of diversity efforts and are willing to openly discuss the changes that should be implemented.

For the LGBT movement, this type of open and inclusive dialogue is essential, since many of the challenges are extremely complicated and nuanced. Thus far, LGBT attorneys have made significant progress by working with the straight community on issues such as marriage-neutral language in internal and external documents and equitable compensation for LGBT attorneys seeking domestic-partner benefits. There has also been great progress in improving the working environment for LGBT attorneys. For example, there was a time when I would purposely bring a male friend to work events in order to make everyone more comfortable, but so much has changed over the past decade that I believe most LGBT attorneys now feel at ease escorting their partners to firm parties and events—and when they do not, there are integrated systems in place to address the issue. However, many challenges remain.

One of the most complex issues concerns clients who are not willing to work with an LGBT individual. Such biases are often difficult to pinpoint, since clients rarely make overt statements concerning the sexual orientation of their attorneys. Discrimination may occur in more subtle ways, particularly when it involves the expression of one's gender role or identity. For instance, the lesbian attorney who does not wear skirts or makeup might be asked to dress in a more feminine manner before interacting with the client - or perhaps a client makes a slight comment that indicates they may feel uncomfortable working closely or traveling with an LGBT attorney. When thorny issues such as these arise, straight and LGBT attorneys would do well to work together as a team, as many of these issues tend to be gray areas for the simple male/female dynamic as well.

I recall working with some male colleagues of mine when our client invited the men out to a cigar bar. I was immediately insulted for being excluded and began making assumptions as to why I was not invited to join them. However when I spoke to one of my mentors (who happened to be male) about the cigar-smoking issue, he explained that no one was intentionally excluding me because I am a lesbian. They simply had never known a woman who smoked cigars and had not thought to invite me.

In conversations like this, the learning flows in two directions. My mentor has learned to include his female associates the next time the client suggests a trip to a shooting range or whiskey bar, and I have heard the message that such occurrences are not always malicious. Another takeaway from this experience is that a successful mentoring relationship does not necessarily have to involve an LGBT mentor and an LGBT mentee. In fact, having a mentor vastly different from myself has proven to be extremely beneficial, and my two best mentors have actually been straight, married white men.

Mentorships can also facilitate recruiting efforts. Recruitment of LGBT attorneys has traditionally been extremely challenging because LGBT attorneys do not wear their diversity on their sleeves. In facing the challenge head-on, legal employers need to pursue different avenues of communication and adopt a more personal, grassroots approach. For example, by getting involved with LGBT student law groups—i.e., speaking on panels and attending networking events—firms can begin a dialogue with LGBT individuals early on while also sending a message that it is okay for the individuals to be themselves. I would also like to see firms create long-term mentorships for LGBT high school and college students, similar to the programs currently offered to young people of color, in order to create an ongoing relationship with those individuals.

For their part, I hope young LGBT law students and attorneys will avail themselves of the many opportunities for which their elders have labored so tirelessly. The legal profession has made tremendous strides in the past fifteen years, but if we are to continue moving forward we must all be willing to speak out and, most importantly, be ourselves.

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Irene M. Recio is Chair of the Gay Lesbian Bisexual Transgender Committee of the law firm of ReedSmith, LLP and serves on the board of the National LGBT Bar Foundation. Ms. Recio's practice focuses on immigration law, and is active in efforts to change federal regulations to extend immigration efforts to same-sex couples and counsels such individuals in explaining alternative solutions in the meantime.

Ms. Recio has chaired the Greater Washington Hispanic Chamber of Commerce. In 2008, Ms. Recio was recognized as "Top Immigration Lawyer" by the Washington Business Journal, and in 2006 she was selected by her peers and the publishers of Virginia Business Magazine's Legal Elite as one of Virginia's best "Immigration/Naturalization" attorneys for that year.