Take on a risk and 'mitigate unconscious bias

In my time as HR director
at Shoosmiths, the debate around how to make our industry more inclusive has developed: law firms talk a good game around diversity and inclusivity. Buzz words are used to show how firms are making positive changes - but merely making the right noises is not sufficient.

Diversity statistics in law have remained flat over the years. Research continues to show that the legal profession has not caught up with other sectors - such as accountancy - in terms of its workforce being more reflective of the society within which it exists.

Bias is the biggest obstacle our industry faces in our quest to become more diverse and inclusive. Nobody likes to be labelled biased, but we all are in one way or another.

If I asked you to clasp your hands, does your right index finger sit above your left, or vice versa? I am almost certain that if I were to ask you to repeat the exercise, the same finger would be on the top, every time.

Bias can be as unconscious, unintentional, and innocent as this in the workplace, but it can have a profound impact on the profession and society at large. That's because the opposite action (try intertwining those fingers the other way around) can leave us feeling deeply uncomfortable, meaning that we avoid it.

Unconscious bias, as above, leaves us resistant to difference, let alone change, and can be applied to everything from typical diversity issues (gender, race, sexuality) through to different or unusual working practices.

This links into system justification bias, which explains how people feel safer with established order in the face of change. If decision-makers like the status quo, it can be hard
to push through change.

Confirmation bias follows. This means we search for information that confirms our view of the world to justify the positions we take.

So, what would my advice
be to mitigate bias? Take what many would perceive as risks.

For example, let your female corporate lawyer work part-time, employ a trainee from a 'new' university, or take on an apprentice. If someone wants to return part-time after taking maternity leave, let them. Trial
it for a month. The chances are that you will not regret your decision because that person will step up and meet you more than halfway to make new systems work.

In return for the above,
the business gains loyalty,
builds a reputation for being progressive, and therefore enjoys an enhanced employer brand.

Such businesses will also feel empowered to drive forward
yet more changes and take more risks, thereby placing
their business at the forefront
of change.

It is worth noting that working committees exist across the UK that businesses are able to join to learn about best practice surrounding diversity, from the Association of Graduate Recruiters (AGR)
to the Law Society.

In addition, unconscious bias training now features heavily as a course available from external consultancies, and can often
be provided as an ongoing learning experience upon becoming a member of one
of the above initiatives.

There are also some incredible and inspiring initiatives that
are blazing a trail for diversity, including those being pioneered by Aspiring Solicitors, Rare Recruitment, EmployAbility, and the Black Lawyers Directory Legal Launchpad scheme.

Some firms may busy themselves by writing policies, drawing up initiatives, and developing strap lines and pretty logos. Some can even afford diversity managers, but taking
a risk - and actually doing something - is what really matters.

If someone comes to us with a decision that resists change and perpetuates old practices, we shouldn't be afraid to challenge them and question why. Make them think about the real reasons they reached that decision and offer an alternative solution.

Do something different for diversity and then sit back and wait to be pleasantly surprised.

Louise Hadland is HR director at Shoosmiths @Shoosmiths www.shoosmiths.co.uk