Message from the Chair

• Jurisdiction: California,United States
• Author: By Latika Malkani
• Publication year: 2022
• Citation: Vol. 36 No. 2

MESSAGE FROM THE CHAIR

By Latika Malkani

Latika Malkani is a partner at Siegel LeWitter Malkani. She represents employees seeking justice and improved conditions in the workplace. Ms. Malkani has helped hundreds of employees establish better working conditions, negotiate severance and post-separation packages, as well as obtain fair and just compensation through enforcement of state and federal laws. She is Chair of the Labor & Employment Law Section's Executive Committee.

On June 6, 2020, half a million people showed up in nearly 550 locations throughout our country to support Black Lives Matter, to protest the brutal murders of George Floyd and many other Black Americans, and to protest the systemic racism and police violence that has been embedded in the fabric of America.¹ Those protests and gatherings continued for months, with attendees reported to be younger, wealthier, and whiter than those who had participated in prior Black Lives Matter (BLM) protests.² Within months, "Diversity Equity Inclusion" (DEI) oriented groups materialized with renewed enthusiasm, everywhere from corporate cafeterias to suburban parent clubs to voluntary bar associations—including within the California Lawyers Association (CLA).³

Nearly two years later, has California's legal profession made any meaningful strides to increase diversity, equity, and inclusion within our ranks? What, if anything, have we accomplished to move towards a cadre of lawyers who more resemble the population of California that we aim to serve? As you might imagine, some progress has been made, but we have far to go. California's lawyers do not reflect the population that we serve, and the discrepancies are glaring. We have much to do, and I invite you to join your Section and CLA leadership in moving the needle forward towards diversity, equity, and inclusion.

CALIFORNIA LAWYERS: WHO WE ARE, WHO WE MUST BECOME

While the BLM protests continued, in July of 2020, the State Bar of California (State Bar) published its First Annual Report Card on the Diversity of California's Legal Profession.⁴ The Report Card published statistics that are illuminating and disturbing. The Census revealed that while California's adult population is about 40 percent White, its attorneys are disproportionally about 68 percent White. While nearly all persons of color are underrepresented, Latinx are particularly so, making up about 36 percent of Californians but only about seven percent of the state's active attorneys.⁵ While self-identified women are half of California's population, they comprise only 42 percent of California's attorneys.⁶ On a more encouraging note, the ranks of lawyers newly admitted to practice in California are increasingly more diverse, with over half identifying as women and almost half identifying as people of color. However, even amongst new licensees, only 10 percent are Latinx and only four percent are Black.⁷ Clearly, there is need for substantial, persistent investment in efforts to support a pipeline of students and new attorneys who look more like California's population.

EXAMINING WHERE WE WORK AND WHO EARNED MORE UNCOVERED ADDITIONAL INEQUITIES IN OUR EXISTING RANKS

The Report Card also looked at where attorneys work. The largest group of California's attorneys, about 38 percent, work in law firms, "which is two-thirds White and dominated by men."⁸ The lesser-compensated government and nonprofit sectors are the most diverse, with women comprising 68 percent of attorneys working in the least lucrative nonprofit jobs.⁹

Finally, the Report Card also examined who leads in each...