Diversity within Diversity…what does that mean and why does it matter?
Diversity within Diversity is term I use when discussing the racial and ethnic composition of law students and attorneys of color under the Diversity umbrella. I believe the term is important to understand because under the Diversity umbrella, not all lawyers experience the work place and even society in the same way. Diverse communities are diverse, and what that means amongst racial and ethnic minorities matters. For example, within the Latinas/Latinos you have attorneys from Central America, South America, Puerto Rico and even the Dominican Republic, who may, but not always, share the language but not necessarily the same culture(s). Even under the Asian umbrella, you have people from Southeast Asia, China, Japan and Korea, to name a few, who all have very different cultures and experiences being Asian in American. Even within the Black community, you have African-Americans and Africans (who within their own groups have big language and cultural differences) and this impacts how they are treated in the workplace and their careers.
In the May 2015 NALP (National Association for Law Placement) there was an update on Women and Minorities at Law Firms by Race and Ethnicity. The research focused on what is happening with Women and Minorities in law firms by type of attorney. However, as the article states “[a]ggregate statistics about the representation of women and minority attorneys at law firms do not tell the whole story.”
For example, while there were gains in certain racial groups, as far as aggregate numbers, there continues to be serious lack of movement in 
other representation. While there has been a rebound since the great recession in the Associate ranks, that can be accounted for by the increase in one demographic, Asians, but not in the other categories. Further, when we look at where the increases at the senior or partner level have come, it has been in the “of counsel” and/or staff attorney positions when it comes to women of color. According to the NALP data, 7.33% of partners are minority and only 2.45% are minority women. Of the small number of women partners the majority of them are Asian. While the numbers get better for Associate percentages, again, the disparities in representation among women of color are stark. Why is that?
While the TCDIP demographic data falls in line with some of these numbers, we are worse when it comes to women of color! This matters and it matters a lot to those affected. If you cannot see yourself reflected in the partnership ranks and leadership, what is the likelihood you can achieve that and stay at your current employer?
In addition to this report, at the NALP Diversity Summit, I attended a panel with Female Associates of color talking about these exact issues. Legal employers who brag about their Diversity numbers need to be conscious of the fact that many times what they are really talking about is an increase in White Women or Asian attorneys, not all diverse attorneys. And the experiences of women of color, particularly African American, Hispanic or Native American, have been different and the numbers bear that out.
If we want to have informed and meaningful conversations around Diversity and Inclusion we need to understand the importance of the Diversity within Diversity and how that impacts different communities. While it may seem like a small thing…those small things add up to big differences.