Talking the Talk: Building Your Language to Be More Inclusive

Yet, we often overlook the words that count the most. Non-inclusive language can undermine the confidence of your listener, derail collaborative mindsets, and offend the very people you are attempting to convince and persuade. The English language is riddled with seemingly innocuous terms and phrases that can invoke a painful history or, when wielded thoughtlessly, lead you to unintended consequences.

Here are some ways construction lawyers, experts, and decision-makers can render their language more precise and inclusive.

1. Don’t default to masculine. 

As construction lawyers, we often hear masculine gender defaults associated with the industry, such as “manpower”, “manhours”, “workmen” and the like.  For example, the Procore software platform, which is widely used across construction projects for information and document management, still contains a section in its Daily Report tool for “Manpower Log.”  “Manpower” is defined as “power available from or supplied by the physical effort of human beings.  A more accurate, and inclusive, substitute would be labor force, workforce, or workers.  Approximately 1,173,000 women currently work in the construction industry, making up 9.9% of the industry’s workforce.  Since 2012, there has been a 60.5% increase in the number of women in the construction industry. Updating this terminology is necessary to reflect the industry’s changing gender dynamics.

More broadly, in our daily environments such as the office or courthouse, we also encounter defaults to masculine words like mankind, layman, and chairman.  Out of approximately 1.3 million lawyers in America, 39% are women, which is an increase from 34% in 2013. Abandoning our default to the masculine is an important step in building a more inclusive legal community and workplace.

2. Avoid words that signal ageism.  

According to the World Health Organization, “[a]geism refers to the stereotypes (how we think), prejudice (how we feel) and discrimination (how we act) towards others or oneself based on age.”  Examples of ageism include “practices that limit younger people’s opportunities to contribute to decision-making in the workplace, patronizing behavior used in interactions with older and younger people, and in self-limiting behavior, which can stem from internalized stereotypes about what a person of a given age can be or do.”  Words to avoid include “elderly” and “geriatric” (when referring to an individual or group as opposed to the branch of medicine).  “Young lady” or “young man”, which can be considered terms of endearment, when used in a professional setting are considered condescending and diminishing to that person based on age. Aspire to address people by their professional title or role, like “counsel” or “project manager,” to avoid falling into the trap of ageism.  

3. Be conscious of the use of honorifics and gender pronouns.

Defaulting to addressing women based on their marital status is widespread and starts as early as pre-school. Picture this:  an associate asks you to proof-read a letter to a client, which starts off addressing the client as “Mrs. Smith”.  Based on the content of the letter, it is obvious that Mrs. Smith is a doctor, and that the dispute referenced in the letter related to her medical practice.  You ask your associate why he addressed the letter to her as “Mrs.” and he replies, “because she is married.”  You then ask if she asked to be referred to as “Mrs.”, and the answer is no.  Then, the default should be to refer to her as “Dr. Smith” as the most formal and non-marital status engendered title that applies, unless she requests to be referred to as “Mrs”.  The rationale is that if she were a man, there is no title that signals a man’s marital status.  Thus, rather than using the titles “Miss” or “Mrs.” the default should be to use “Ms.”, and if, like in the example here, the person has earned a title-bearing degree like “Doctor”, that should be the default.

Many people with a non-binary gender identity use the singular pronoun “they.” In September 2019, Merriam-Webster dictionary recognized “they” can be used to indicate a singular pronoun.   Approximately 1.2 million adults in the US identify as non-binary, making up 11% of the LGBTQ community.  While not widespread, consider using the honorific “Mx.” (pronounced “mix”), which is gender-neutral.  According to Merriam Webster, the first known use of Mx. occurred in 1977.  It was added to the dictionary in April 2016.  You should avoid asking people what their “preferred” pronouns are, and instead simply ask “what are your pronouns?”  Implying that their pronouns are “preferred” implies that they are somehow less legitimate.  Addressing people in line with their proper honorifics and proper gender pronouns shows inclusivity and respect for their status and gender identity.

4. Respect persons with disabilities.

People with disabilities may prefer to be identified with people-first language (i.e., people with prosthetic limbs), or they may prefer identity-first language (i.e., blind persons). When in doubt, ask for their preference. There is no need to mention a person’s disability or impairment unless it is relevant, though.

Also, before you use terms like “crazy,” “lame,” or “blind spot,” think about what you are really trying to say. Do you want to say opposing counsel was acting unreasonably, or that they were experiencing a mental health episode? Do you mean that a situation is frustrating, or that its mobility is impaired? Did the company’s senior executive lack foresight when she signed the contract, or could she literally not see the document in front of her? While your listeners may understand what you meant, it is not worth disrespecting others to use what is, at its heart, an imprecise term in the first place.

5. Don’t use racially or ethnically biased language.

Derogatory language, racial slurs, and jokes targeting a person’s race or ethnicity are downright unacceptable. Some words and phrases, like “blacklisted” or “sold down the river,” invoke a painful history. Other terms may seem innocuous, but once you understand their origins, you can appreciate their offensiveness. For example, the terms “grandfathered” and “grandfather clause” harken back to Jim Crow laws that enacted restrictions on the right to vote, such as literacy tests, poll taxes, or residency and property criteria. To preserve the voting rights of poor and illiterate whites, some laws exempted persons with ancestors who had the right to vote before the American Civil War, effectively denying former African-American enslaved persons and their descendants from voting, but not similarly-situated whites. When incorporating more inclusive language in your vocabulary, consider not only the use of the term, but also its history.

In recent years, the construction industry has doubled down on its efforts to promote diversity, equity, and inclusion in the workplace, and that push has included initiatives to address exclusive or hurtful terminology. Building a more inclusive environment helps construction companies address workforce shortages and improve recruitment and retention of workers from diverse backgrounds. It also embodies the values that have come to define many of these companies over generations – leadership, respect for others, and future-oriented thinking.

As attorneys and professionals in the industry, we pride ourselves on our mastery of language. Adopting more inclusive vocabulary presents an opportunity to improve our skills, welcome others to the profession, and act as leaders in the industry.