October is Black History Month. We are given 31 days to reflect on the enormous contribution Black people have made to the history of this country; to re-examine diversity, equity and inclusion (DEI) initiatives; and to press the reset button if we feel that our existing ways of operating are no longer working.
But, when the clock strikes midnight on 1 November, glass slipper or not, I will still be Black. In fact, I will still be Black, female and a member of the LGBTQIA+ community. So this October, and beyond, I will be reflecting not only on what it means to be Black, but also on what it means to be me, taking into account all the parts that make me who I am.
The term ‘intersectionality’ was coined by lawyer and activist Professor Kimberlé Crenshaw in 1989 to address the unique oppression faced by Black women. Crenshaw recognised that Black women do not solely experience race or gender discrimination, but experience the combined effects of both. In 2020, she said: “We tend to talk about race inequality as separate from inequality based on gender, class, sexuality or immigrant status. What is often missing is how some people are subject to all of these, and the experience is not just the sum of its parts.”
In other words: each of us has unique experiences that intersect and are impacted by factors such as class, disability, gender, race, religion and sexuality.
McKinsey & Company’s Diversity wins report 2020 rightly identifies that: “Diverse and inclusive companies are likely to make better, bolder decisions.” However, whilst most law firms now have laudable DEI initiatives, and many will be arranging Black History Month events, these projects often fail to meaningfully consider intersectionality.
Fostering a culture that welcomes individuals who exist at multiple intersections will look different for every firm. Some of the ways in which this can be achieved, however, include considering:
Networks – Coordination between workplace inclusion networks is one way in which we can learn more about our colleagues. As a trainee at Clifford Chance, I belonged to the BME network and the Pride network, Arcus. I wanted to be the bridge between them, with the hope that they would develop a greater understanding of each other’s objectives, and interact with people they might not ordinarily have done. With this in mind, I founded ‘Carnival Comes to Clifford Chance’. This was an annual summer party hosted jointly by both networks. Significantly, there was an educational element to the event and speakers from Channel 4 and Stonewall provided the keynote address.
Allyship – When we think of allyship we often think of people who are part of a majority group supporting and amplifying the voices of marginalised communities. Of course this is an important aspect of allyship, but what is also key is for members of minority groups to be allies to each other. I am fortunate that Akima Paul Lambert, a Black partner at my firm, is an active ally to the LGBTQIA+ community. During Pride month, Akima kindly shared my experiences on her social media. This life-affirming gesture emphasised the role that leaders can play in terms of setting the tone for the rest of the workplace. The REAHL (Race and Ethnicity At Hogan Lovells) network also works passionately and tirelessly to ensure that the firm is diverse and inclusive.
Education – Creating a workplace that welcomes employees who exist at multiple intersections requires ongoing education. One-off training sessions on microaggressions or unconscious bias are helpful, but they only scratch the surface. You would not expect to be able to run the London Marathon after an hour’s training. A more deliberate, considered programme of training sessions spanning the breadth of characteristics would be far more impactful. These sessions could coincide with significant firm events, such as associate appraisals and trainee rotations.
Data – It is imperative that firms adopt an intersectional approach to gathering data. This will include identifying those who are most impacted by inequality and actively engaging them in the data gathering process. Once firms recognise the diverse identities which exist within the workplace, it will become easier to design data models that are inclusive of the lived experiences of those identities. Accurate data collection can also help firms to understand why their focus should be on equity and not equality. Equality is concerned with giving everyone the same resources, while equity recognises that each person has different circumstances and allocates the exact resources needed to reach equal outcomes. It is important that the data gathered is not only used to identify issues but also potential solutions.
Firms that do not consider intersectionality risk losing out on diversity of thought. There is always more than one way to think about an issue, and the way people interpret the world is reflective of the combination of their age, culture, life experience and personality. Embracing intersectionality is fundamental to creating diversity of thought, as it encourages people to recognise the many facets of someone’s identity, while avoiding the pitfalls of stereotyping. I was reminded of the importance of keeping an open mind when Kwasi Kwarteng, the former Chancellor of the Exchequer, was described as “superficially Black”. Black people are not a monolith and our class, education and sexuality do not define or negate our Blackness. We lawyers must not be drawn into silos – celebrating Blackness only in October and Pride only in June.
DEI initiatives often express a hope that employees can “bring their whole self to work”. Yet if a Black, working class and neurodiverse lesbian is forced to leave her accent at the door, or her sexuality at Dalston Superstore, and any requests to make reasonable adjustments on account of her neurodiversity are treated like a chore, then such sentiments will run hollow. An intersectional approach recognises that diversity without authenticity is toothless. It is crucial that law firms embrace intersectionality all year round and do not consign it to the abyss once the autumn leaves can no longer be found.
Jacqui Rhule-Dagher is an associate at Hogan Lovells International and is a member of the Law Society’s LGBT+ Lawyers Division Committee
