DIVERSITY CORNER
Diversity Includes Disabilities
NALANI GORDON
Conversations surrounding diversity and inclusion have become trending topics in recent years . Race , gender , and sexual orientation are usually at the forefront of these conversations . However , physical and mental disabilities are not generally included in the diversity conversation . The reality is that , at every level , the legal profession has significant work to do as it relates to creating an inclusive environment for people with different abilities .
The Center for Disease Control and Prevention reports that 61 million adults in the United States live with a disability . This means that 26 % of the population , or 1 in 4 adults , has a disability . Despite such high numbers , the National Association for Law Placement ’ s 2021 Report on Diversity in U . S . Law Firms indicates that only 1.22 % of the lawyers surveyed self-identified as having a disability . The Report notes the scarce numbers of attorneys reporting disabilities , but offers no theory or possible explanation for the statistic . One might wonder whether the Report ’ s numbers are a result of the fact that lawyers are uncomfortable with disclosing their disability or are living with an undiagnosed disability . The more pressing question is : What can we do to eliminate the barriers and social stigmatization for individuals with disabilities who want to practice law ?
At the law firm level , employers can intentionally promote programs that benefit attorneys with disabilities which will also , in many instances , benefit all attorneys by creating a more accessible work environment . The American Bar Association ( ABA ) has implemented a pledge which calls on legal employers to affirm their commitment to diversity , specifically including people with disabilities . The ABA ’ s guidance offers practical steps that employers can take to foster a welcoming environment , such as starting an affinity group , conducting disability awareness and bias elimination training , and offering scholarships and fellowships for law students with disabilities . By taking practical steps
toward embracing individuals with disabilities , legal employers can make a tangible impact on workplaces by bringing disability inclusion to the forefront of their diversity efforts .
Recently , the Florida Bar ’ s Legal Fuel Podcast featured neurodiversity expert , Haley Moss for a conversation on “ Understanding Neurodiversity in the Practice of Law .” Haley ( who happens to be one of my favorite law school classmates ) is recognized as Florida ’ s first openly autistic attorney . She offered profound insight regarding neurodiversity and disability inclusion in the legal profession . One of the most insightful tidbits from Haley ’ s interview is Haley ’ s comments regarding the idea that we generally think about disabilities from the perspective of offering accommodations under the Americans with Disabilities Act . But legal employers can do more to support diverse attorneys . Most importantly , law firm and law department leaders can work to create a culture of acceptance and openness so that people with disabilities can feel comfortable with sharing their unique contributions and disclosing their individual needs .
As a profession , the legal community is making positive strides toward inclusion . In September 2020 , the Florida Supreme Court amended the Rules Regulating the Florida Bar to remove the rule that treated members of the Bar who had a history of “ drug , alcohol , or psychological issues ” as conditionally admitted members of the Florida Bar . The rule now broadly allows the Bar to admit members under consent agreements without any reference to psychological issues . However , this rule change is recent . The vast majority of attorneys currently admitted to the Florida Bar were admitted at a time when disclosing a mental or psychological disability could have negatively impacted their admission to the Bar . As Haley notes in her interview , legal professionals , including members of the judiciary , would benefit from additional education regarding working with diverse clients , witnesses , and co-workers .
At the individual level , each of us can educate ourselves on disabilities and biases . We can also do our best to listen and treat all of our colleagues with dignity and respect . Haley ’ s interview is an excellent resource on the appropriate language and approach for conversations with colleagues who have disabilities ( Hint : listen without judgment and ask how you can support the individual ). Our clients and businesses benefit from working with attorneys with disabilities because each person brings a talent and perspective that advances our clients ’ interests and our profession as a whole . Inclusion for all attorneys , including attorneys who have disabilities , is the key to ensuring that the Bar is reflective of the communities that we serve .
Nalani Gordon is an associate at Gunster . Her main areas of practice are employment law , Title IX , and business litigation .
Bar Buddies Mentoring Program
The “ Bar Buddies ” Program is designed to help attorneys who practice in the Palm Beaches connect and serve as a sounding board for each other . The Program seeks to connect local attorneys in a manner that takes into account links between attorneys that reach beyond their law practice . Attorneys are strongly encouraged to sign up for this informal program to speak with attorneys both within and beyond their existing networks and practice areas .
For more information , please visit the Bar Buddies Mentoring Program page at : www . palmbeachbar . org / bar-buddiesmentoring-program /
PBCBA BAR BULLETIN 10