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April 11, 2022

Diversity Plan

  1. INTRODUCTION

    The Section of Labor and Employment Law (Section) of the American Bar Association (ABA) embraces and promotes diversity, equity and inclusion as strategic imperatives that benefit all of its members and the legal profession more broadly. The Section recognizes that its strength and successare due, in large part, to the essential, unique and valuable perspectives and contributions that flow from diverse representation and participation, full and equal opportunity, and the inclusion andrecognition of members from historically underrepresented communities.
  2. MISSION AND PURPOSE

    The Section’s Diversity, Equity and Inclusion (DEI) Plan adopts and builds upon the ABA’s Goal III mission to promote full and equal participation by all persons in the ABA, the legal profession, and the justice system. Accordingly, the Section will fully support and promote the ABA’s Goal III DEI goals and initiatives.

    For the purposes of this DEI Plan, the term “historically underrepresented communities” generally encompasses but is not limited to diverse members, including people of color, Native Americans, women, LGBTQ+ individuals, and persons with disabilities. This Plan also covers people whose identities—such as race, gender, and other protected characteristics—intersect or overlap, and may result in further or unique forms of underrepresentation and marginalization.

    This DEI Plan is intended to further the goals set forth by both the Section and the ABA to actively recruit, retain, and mentor lawyers and law students from historically underrepresented communities, as well as to provide them with pathways to leadership; enhance opportunities for individuals from historically underrepresented communities to participate in activities, programs, and publications; and foster a culture of equity, inclusion and belonging that attracts and keeps members from historically underrepresented communities involved in the Section.

    This Plan is a road map to assist and encourage Section leaders and members with DEI efforts. The Section should annually review the Plan to measure progress, identify and address barriers, recalibrate strategies, and develop best practices based on the Section’s growth and experiences. The Section must continually remind itself that “diversity must be seen as an ongoing practice, and not an end-state.”
  3. DEFINITIONS

    To better understand this DEI Plan, the Section offers these definitions for certain key terms.

    Diversity refers to the range of human differences, including but not limited to race, ethnicity, age, religion, sex, sexual orientation, gender identity, and disability status. Diversity often pertains to demographic numbers and ensuring people from historically underrepresented communities are adequately represented.

    Equity refers to fair and equal treatment and opportunity, which includes eliminating barriers that discourage and prevent participation by individuals from historically underrepresented communities. Equity is an approach that ensures everyone access to the same opportunities.

    Inclusion refers to the full involvement and participation by all people, including members from historically underrepresented communities. Inclusion ensures that individuals with different identities feel welcomed, recognized, and valued.

    Section Leadership refers broadly to Section eadership roles, including but not limited to the Section Officers, Council Members, and Co-Chairs of Committees (standing, administrative, and special), Task Forces, and other Working Groups and the persons serving in these roles.

    DEILP refers to the Diversity, Equity and Inclusion in the Legal Profession Committee, an administrative committee of the Section. DEILP is a resource for DEI-related information for Section Leadership and members.
  4. GOALS, STRATEGIES AND METRICS

    This DEI Plan identifies strategic goals in three primary areas: (1) Section Leadership; (2) Section Membership; and (3) Section Programs and Publications. While the Plan’s aim is to set measurable goals and metrics, the immediate process will be to identify baselines in certain areas, and then track, assess, and report on the Section’s growth and progress. Notably, this Plan is flexible and buildable, and only springs to life with the good faith commitment and application of its principles by the Section’s leadership and members.

Goal 1: Increase Diversity, Equity and Inclusion in Section Leadership Diversity, equity and inclusion will only take hold and flourish if Section Leadership intentionally supports and nurtures these principles. In this DEI Plan, Section Leadership is responsible for promoting the full participation of lawyers and law students from historically underrepresented communities throughout the Section. Moreover, the Section’s DEI Officers play an important role in ensuring the implementation of this Plan. Only by emphasizing diversity, providing mentorship and training opportunities, and creating specific pathways to leadership can the Section make meaningful and measurable progress.

Strategies

  • Promote diversity, equity and inclusion in Section Leadership positions.
    • Emphasize diversity in nominations and appointments for Section Officers, Council Members, Committee Co-Chairs, and Subcommittee Co-Chairs.
    •  Promote diversity in nominations and appointments of selections for the Leadership Development Program.
    •  Support the leadership development of members from historically underrepresented communities through mentorship and coaching.
  • Provide training to, and ensure accountability by, Section Leadership.
    • Ensure Section Officers and Council Members (and other members of Section Leadership as appropriate) receive DEI-related training on an annual basis.
    • Require that each Committee engage in and report on DEI initiatives, appoint a liaison to DEILP, and provide liaison with a list of specific responsibilities.
    • Identify and address barriers to leadership development faced by members from historically underrepresented communities.
    • Promote, track, and report on DEI efforts by Section Leadership.

Metrics

  • Demographic information of individuals from historically underrepresented communities in Section Leadership.
  •  Demographic information of individuals from historically underrepresented communities in Leadership Development Program.
  •  Number and type of DEI related training programs provided to Section Leadership.
  •  Regular reports on best practices (including addressing barriers) to develop leaders from historically underrepresented communities.

Goal 2: Increase Diversity, Equity and Inclusion in Section Membership

The Section’s membership is the lifeblood of the ABA. The Section’s recruitment, marketing, and membership materials should reflect DEI ideals. By fostering these principles in its meetings and activities and exploring different funding structures for participation, the Section can reach more lawyers and law students from historically underrepresentedcommunities. Collaboration with other ABA entities and diverse affinity bar associations and law schools could also assist in recruiting new diverse members and making them feel more welcomed and valued by the Section.

Actively improve efforts to recruit diverse members into the Section.

  • Ensure that recruiting, marketing, outreach, and membership materials promote and reflect DEI principles.
  •  Coordinate diverse membership recruitment efforts with the ABA Young Lawyers Division and Law Student Division, including maintaining liaisons from those entities to the Section and its Committees.
  •  Establish formal relationships with diverse affinity bar associations and law schools, including maintaining the appointments of liaisons from those entities to the Section.
  •  Promote, track, and report on DEI efforts in Section membership.

Retain diverse members by fostering diversity, equity and inclusion in the Section’s meetings and activities.

  •  Ensure that first-time attendees and members from historically underrepresented communities feel welcomed by maintaining specific programs and events geared toward their inclusion, feedback, and continued participation in meetings and activities.
  • Require that meetings and activities are held at sites that meet legal accessibility requirements for persons with disabilities as well as better enhance opportunities for participation by individuals from historically underrepresented communities.
  • Create and use volunteer affinity groups to cultivate spaces to meet and form community with members who share common interests, experiences, identities and other human dimensions.
  • Fund and sponsor fellowships, scholarships, and reduced or waived registration fees for attendance by leaders of diverse affinity bar associations and law schools.

Metrics

  •  Demographic information of individuals from historically underrepresented communities in Section membership.
  • Number and type of diverse membership recruitment efforts coordinated with other ABA entities.
  • Number and type of liaisons with diverse affinity bar associations and law schools.
  • Number and type of fellowships, scholarships, and reduced or waived registration fees for leaders of diverse affinity bar associations or law schools.
  • Regular reports on best practices to recruit and retain members from historically underrepresented communities.

Goal 3: Increase Diversity, Equity and Inclusion in Programs and Publications. Most interactions between the Section and its members occur through programs and publications. Thus, it is critically important that the Section employs proactive strategies to improve diversity, equity and inclusion in this space. In addition to ensuring that program and publication content is accessible and appeals to lawyers and law students from historically underrepresented communities, the Section should ensure that program planners and speakers, as well as publication writers and editors represent the diverse populations in,and served by, the legal profession.

Strategies

  • Promote diversity, equity and inclusion in the Section’s programs
    • Require that program content at meetings and activities—both live and virtual—is accessible and includes DEI issues.
    • Co-sponsor programs with ABA entities, such as the Diversity and Inclusion Center, Commission on Racial and Ethnic Diversity in the Profession, Commission on Women in the Profession, Commission on Hispanic Legal Rights and Responsibilities, Commission on Disability Rights, and Commission on Sexual Orientation and Gender Identity, as well as with diverse affinity bar associations and law schools.
    • Actively solicit diverse members as speakers and moderators to increase opportunities for full and fair representation in programs.
    • Devise and implement best practices for including more diverse members as planners, speakers and attendees of programs.
  • Promote diversity equity, and inclusion in the Section’s publications.
    • Require that content of publications, newsletters, and social media—whether paper or electronic—is accessible and includes DEI issues.
    • Encourage, amplify and recognize the voices and contributions of diverse members in publications, newsletters and social media.
    • Actively solicit diverse members to serve on the Publications Group, as well as in positions of writers and editors of publications.
    • Promote, track and report on DEI efforts in programs and publications.

Metrics

  • Demographic information of individuals from historically underrepresented communities in Section and Committee leadership.
  • Demographic information of individuals from historically underrepresented communities who are panelists at Section and Committee webinars, conferences and meetings.
  • Number and type of hosted and co-sponsored programs that include content related to DEI issues.
  • Number and type of DEI-related leadership trainings offered by the Section

Additional Resources

The ABA, the Section and DEILP have identified other available resources regarding diversity, equity and inclusion. Below is a non-exhaustive list of some resources that may be of use to the Section. DEILP is available to provide additional assistance upon request.