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.

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.

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.

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.

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.

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.

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.

Abelism is defined as prejudice against people who are perceived to be disabled. It consists of bias in favor people who are perceived as being typically able and it often denies or fails to recognize the unique super-capabilities of the differently-abled. How can we rid ourselves of stereotypes regarding the lesser value and or lesser capabilities of people who are not typically abled? How do we create an environment where differently-abled people are fully respected, fully valued, fully appreciated, and fully supportive? This session will answer these questions with compassion and humor.

In this practical webinar, you will learn how to be culturally competent when representing LGBTQI clients and how to have an LGBTQI friendly law office and presence on-line and in your marketing.

No two brains are the same. An estimated 1 in 7 people are neurodivergent, including those with autism, ADHD, mental health disabilities, learning disabilities, intellectual disabilities or acquired brain differences. Given this prevalence, why are conversations around neurodiversity nonetheless so difficult, especially in the context of law practice? How can we dismantle the barriers for neurodiverse clients to ensure they have equitable access to justice? In this session, Haley will unpack the nuances of accommodations, ethical considerations for representing neurodivergent clients, navigating disclosure, advocating for ourselves and others, and building accessibility into our understanding of “inclusion” and access to justice. Come prepared for lightbulb moments, and leave feeling more empowered to tackle stigma.

Have you ever been the target of bullying or bias or observed others being bullied in the practice of law? According to a 2019 study by the International Bar Association, a significant number of legal professionals worldwide have been subjected to bullying at work or observed others being bullied, bias based on gender, race, age, LGBTQ+ status, disability and other characteristics impact who is most likely to be targeted. Despite employer policies on diversity, inclusion, anti-harassment and anti-bullying, the problem persists. This program will equip individual attorneys with ethical strategies to deal with bullies effectively and increase civility within the profession.