Despite the demand for clear diversity, equity, and inclusion (DEI) policies in workplaces, law firms are struggling to find and keep DEI executives. A number of failings are thought to contribute, such as pushback from strict conservatives, risk-averse leaders, a lack of recruiting guidance, and vague roles that discourage candidates. 

A DEI Framework analysis released by Bloomberg Law with 55 U.S.-based law firms found that at least 80% of the top firms had a full-time senior DEI position. However, many of them struck difficulties in obtaining and retaining these leaders. 

One of the primary challenges law firms faced was a lack of role clarity. If chief diversity officer positions aren’t well thought out or lack substance, they can be less desirable to potentially suitable applicants. 

Many businesses implementing diversity programs also face backlash from conservative groups, alleging that diversity programs discriminate against white students. Legal activist Edward Blum, founder of the Students for Fair Admissions group, recently won a Supreme Court case against the University of Carolina and Harvard to overturn affirmative action. The decision meant that race-based affirmative action policies would no longer apply to American college admissions. 

Such rulings could have implications for chief diversity officers trying to secure diverse talent in law firms. However, despite college admissions policies changing, an American Bar Association report urged law firms to “adopt a holistic evaluation approach that looked beyond GPA and class rank.” This, they said, would enable law firms to contribute to developing a more diverse and innovative workforce in the legal field.

Under-resourcing was proving just as problematic. While a 2022 Minority Corporate Counsel Association survey revealed that the average firm had a budget of over $153,000 for DEI strategies and initiatives, many law firms’ programs are under-resourced. Sometimes, this comes from law firm leaders downplaying inequality and bias, being threatened by organizational changes, and trying to justify or defend the status quo.

To solve DEI chief employment and retention woes, law firms may need to define these roles, create blueprints for success within them, and allocate the necessary resources to ensure they can achieve their diversity, equity, and inclusion goals.