Diversity, Equity, And Inclusion CLE

Bias can influence decision-making and behavior in profound ways, and bias against the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (“LGBTQIA”) communities is pervasive. LGBTQIA clients need attorneys who are both competent in the law, and competent in LGBTQIA experiences. This presentation divides LGBTQIA cultural competence into five distinct areas: understanding the terminology around gender, sex, and sexual orientation, calling out the messaging that can influence our beliefs and behaviors, appreciating the specific challenges facing members of these communities, cultivating inclusive spaces that helps LGBTQIA clients feel comfortable expressing their needs, and being an ally by committing to a reflective practice. The presentation contains a number of helpful practice tips about representing LGBTQIA clients.

National attention has addressed the pay gap for women. Beyond that, there is an information gap, a power and understanding gap, and common perceptions of femininity that have resulted in institutional disadvantages for female attorneys, especially litigators. This program exposes nationwide statistics regarding the wage gap between female and male attorneys and pays special focus to recent academic and bar association studies addressing gender differences in the profession. The course also addresses practical ways to overcome this gender gap, including negotiation strategies and skills to foster leadership and opportunities for professional development. The goal of this program is not just to raise awareness of the issue but to also offer its participants the opportunity to solve the problem.

The practice of law has a big problem: women and BIPOC lawyer attrition. Studies show that the mental health of women and BIPOC lawyers suffers more and they leave the profession faster than others. But late nights and unpredictable hours are symptoms of mismanagement, not inherent in legal work. In this course, Dr. Carminati will discuss the Livable Law Method she created to guide legal organizations toward implementing agile project management techniques. With this method, managers can learn to equalize workflow, improve transparency, and decrease needless stress. Most importantly, they can improve outcomes for women and BIPOC lawyers in their organizations.

On June 15, 2020, the Supreme Court of the United States (SCOTUS) issued a landmark decision regarding the scope of protections afforded under Title VII of the Civil Rights Act of 1964, for gay, lesbian and transgender employees in a trio of consolidated cases: Bostock v. Clayton County, GA., Altitude Express, Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission et al., 140 S.Ct. 1731, 2020 U.S. LEXIS 3252 (Jun. 15, 2020) (consolidating No. 17-1618 (Bostock), No. 17-1623 (Zarda) and No. 18-107 (R.G. & G.R. Harris Funeral Homes). In a 6-3 decision authored by Justice Neil Gorsuch, SCOTUS found that the plain meaning of Title VII’s prohibition making it illegal for an employer to discriminate against an individual employee “because of such individual’s . . . sex” [42 U.S.C. §2000e-2(a)(1)], was sufficiently broad to prohibit an employee from being discharged merely for being gay or transgendered. Id. at 1739. As a result of that decision, and prior directives from the Department of Labor (“DOL”), and the Equal Employment Opportunity Commission (“EEOC”), federal law bars discrimination and harassment on the basis of sex to protect employees and applicants for employment from being harassed, denied employment or promotion, or otherwise subject to adverse treatment because they do not conform to societal gender expectations. This program will help employers to make sure that their workplace conforms to federal law and provides a safe space for employees to express their gender identity.

We as a society cannot eliminate bias without having uncomfortable conversations. However, it is a topic that cannot be ignored. If you desire to understand why bias exists, ways to reduce bias, and how to create an inclusive environment in your law firm and within the legal profession, this course is for you. In this course, we will learn about implicit bias and how it manifests itself in the legal profession, including in pay inequity. We will also discuss intersectionality, the theory that the presence of more than one affinity status can negatively impact an employee when he or she is subjected to bias. Then, we will review the benefits of effective anti-bias training and policies. Finally, we will detail strategies that lawyers and law firms can implement to cultivate a culture of diversity and inclusion and to eliminate bias.

Given the US Supreme Court ruling of Bostock v Clayton County, Georgia, decided June 15, 2020, employers, employees and employment law attorneys need to understand the heightened protections afforded employees in the workplace based on gender identity and sexual orientation.

This course will provide an overview of issues related to the gender gap and patents as well as patent law. The course will focus on the 2019 “Progress and Potential: A Profile of women inventors on U.S. patents” published by the United States Patent and Trademark Office (USPTO) as well as the 2020 update on women inventor-patentees. The course will then look at the gender gap and patent law, both in terms of practicing before the USPTO as well as attorneys involved in patent litigation. The course will also highlight efforts being made to close the gender gap when it comes to patents and what else may be done.

Although the social significance of the female body has changed over time, the undercurrents of power, control, and stigmatization have remained constant. Following the digital health revolution, new technologies have emerged with the potential to quantify and further ostracize women under the guise of liberation. The female health technology (femtech) market promises to increase scientific and personal understanding of women’s bodies and destigmatize female sexuality. However, portions of the femtech industry have been built on inaccurate and stereotypical assumptions of women’s health and preferences. This presentation explores the legal and ethical challenges of the femtech sector and seeks to foster a dialogue on the legal and ethical pitfalls of monetizing women’s health data and equating women’s health with reproductive health and sexuality. The topics addressed in this presentation include (1) data inaccuracies and algorithmic bias; (2) faulty products and skewed research data; (3) design flaws and the “othering” of specific sub-categories of the female population; and (4) monetization of femtech data.

During this session entitled “Bystander Intervention in Legal Workplaces”, the facilitator will cover examples of explicit and implicit bias and discuss what lawyers can do to intervene and promote equity and inclusion where they work.

This three-credit course is designed to help Oregon newly-admitted attorneys meet their first year MCLE requirement. Each session is taught by faculty with a unique perspective and offers practical guidance for increasing access to justice for those in the legal profession, clients, and communities. They are: Session 1: LGBTQ Cultural Competency in Client Representation; Session 2: Diversity, Inclusion, and the Elimination of Bias in the Legal Profession; and Session 3: Creating Justice for All: Engaging in Pro Bono Representation. Please note that this three hour program contains two checkpoints total. There are not checkpoints within each individual course.

In this program, Quimbee faculty member Alyssa Johnson and Diversity, Equity, and Inclusion (“DEI”) consultant Dr. Erika Powell will explore the dimensions of DEI work and race literacy work. You will learn how race trauma is held in the body and how generational trauma affects current behaviors. Workplace race dynamics are examined including how confirmation bias and racism affect the legal profession. Allyship is also discussed with a focus on how White women have been loyal to White supremacy. We will also explore methods for dismantling White supremacy in the legal profession and beyond.