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Undermining DEI ‘risks reversing’ profession’s cultural diversity, lawyers say
In the face of US entities dismantling programs that promote DEI within federal workplaces, the Asian Australian Lawyers Association has urged the legal profession to recommit to DEI principles to ensure that Australia’s legal profession does not regress in its efforts to improve cultural diversity.
Grace Robbie
The Asian Australian Lawyers Association (AALA) has issued a formal plea directed at the Australian legal profession, businesses, and government bodies to reaffirm their commitments to initiatives that support diversity, equity, and inclusion (DEI).
This plea arises in response to the President of the United States, Donald Trump, having signed an executive order earlier this year to dismantle initiatives that promote DEI in federal workplace settings.
In response to these recent developments, the founder of Meta, Mark Zuckerberg, voiced criticisms of DEI policies on a recent episode of The Joe Rogan Experience podcast, asserting that workplaces urgently need increased “masculine energy”.
Lawyers Weekly recently spoke with the leaders of several of Australia’s largest law firms, as well as law department heads, regarding the future of DEI within the legal profession. However, the consensus among these leaders was that such initiatives and approaches are an integral and enduring aspect of legal workplaces that is “not going away” any time soon.
This said, in the Australian context, the AALA has expressed concern regarding a similar issue following several reports indicating that “some Australian organisations are recognising their support for DEI initiatives”.
According to the 2021 census, the ABS found that 27.6 per cent of the Australian population was born overseas. Notably, a considerable portion of these individuals originate from Asia, with three out of the five most common countries of birth located on this continent.
Despite these demographic trends, AALA’s own research paints a concerning picture of cultural diversity in the legal profession.
In a study completed in 2022, AALA “found that members of the legal profession who identified as culturally diverse continue to experience situations where there is a lack of representation in decision making, leading to deficits in familiarity, relatability, and cultural competence in bridging cultural values”.
The issue of representation in leadership roles remains a significant concern. In their submission to the ASK Corporate Governance Council in 2024, the AAL articulated its fears regarding the observed “backsliding” in diversity within Australian enterprises.
Matt Floro, the national president of the AALA, has expressed his strong opposition to any efforts aimed at reversing the progress achieved in DEI initiatives, emphasising that diversity and inclusivity are essential components of a fair and effective legal system.
“Inclusion and diversity are fundamental to a fair and just legal system that reflects the rich multicultural fabric of Australia. Efforts to undermine DEI initiatives risk reversing the progress made towards achieving greater representation and equality for historically underrepresented communities, including Asian Australians, in positions of leadership in the law, business and government,” Floro said.
Floro emphasised the need to establish a “basis of merit” for appointing individuals to leadership roles while expressing concerns about the potential for creating a “hereditary meritocracy”.
“While we acknowledge that appointments to the upper echelons of our institutions must be made on the basis of merit, we must be careful not to entrench a hereditary meritocracy – one drawn from a narrow cultural, socioeconomic and professional hue.
“AALA champions a diverse meritocracy, one free of bias, stereotyping and typecasting, discrimination and racism,” Floro said.
“The legal profession must be a leader in upholding principles of fairness, inclusion, and opportunity. A profession that embraces diversity is better equipped to serve the public and administer justice fairly for all Australians.”
In a previous episode of The Lawyers Weekly Show, Floro addressed the pressing issue of Australia’s increasingly diverse population and the notable underrepresentation of culturally diverse professionals in senior roles within the legal sector.
He revealed that a report by The Australian Financial Review in 2019 indicated that “diversity among law firm partners, for example, was very low, with only 5 per cent from non-European backgrounds”. Due to this finding, Floro underscored that this data highlights the unfortunate persistence of the “bamboo ceiling” within the legal profession.
Concerns regarding recent developments and discussions surrounding DEI have been voiced by various professionals within the legal sector. Kate Sherburn, the head of legal at Who Gives A Crap, articulated that “we can’t afford to backslide on DEI progress” and that it “can’t be a passing trend”.
