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Legal team’s ‘important role’ in embedding DEI, in face of ‘bro culture’ push
Within hours of entering the Oval Office, returning US President Donald Trump signed an executive order banning DEI initiatives in federal workplaces. In Australia, law departments have a key role to play in ensuring the good work done by their businesses is “not undone”.
Jerome Doraisamy
Earlier today (Tuesday, 21 January), President Donald Trump signed the “Ending radical and wasteful government DEI programs and preferencing” executive order, rescinding an order from his predecessor, Joe Biden, promoting diversity, equity, and inclusion (DEI) in federal workplaces.
US federal agencies, the order outlines, must “terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions (including but not limited to ‘Chief Diversity Officer’ positions); all ‘equity action plans’, ‘equity’ actions, initiatives, or programs, ‘equity-related’ grants or contracts; and all DEI or DEIA performance requirements for employees, contractors, or grantees”.
Last week, Lawyers Weekly reported on the scrutiny DEI policies are set to face in the wake of a push for “bro culture”, with Meta founder Mark Zuckerberg arguing, on a recent episode of The Joe Rogan Experience, that workplaces are in desperate need of more “masculine energy”. Zuckerberg’s comments follow from a long string of similar claims presented by powerful corporate entities lashing out against DEI policies.
At least one law firm managing partner is worried that the “broification” of corporations will undo decades of progress in the workplace. However, numerous BigLaw firms in Australia have confirmed to this brand that they have no intention of winding back their own DEI initiatives.
The job is not done
In conversation with Lawyers Weekly, Telstra Corporation group company secretary and legal executive Craig Emery said his “sincere hope” is that corporate Australia does not lose sight of the need to continue to push for more diverse, inclusive, and equitable workplaces.
It would be a mistake, he argued, “for anyone to believe the job is done”.
“In the nearly 30 years I’ve worked in the law and with corporates, I’ve seen such a positive shift through initiatives like job-sharing, flexible and remote working, and the focus on equity in areas like gender, race, accessibility, LGBTQI+ and neurodiversity,” he said.
“These make workplaces better and safer, and the economic and reputational benefits that come to organisations [that] get this right have been shown many times over.”
Legal teams have a role to play, Emery suggested, in advocating within their organisations “to ensure the good work of recent times is not undone”.
An important role to play
The recent developments and discourse around DEI and workplace culture have been “very concerning”, Who Gives a Crap legal beagle (head of legal) Kate Sherburn mused, adding lawyers should remain cautious about the potential influence of what is happening globally.
“We can’t afford to backslide on DEI progress,” she said.
“Inclusive workplaces attract (and retain) top talent, foster innovation, and better reflect our diverse customer and client bases.”
“I think the legal team can play a really important role here – ensuring our policies and practices not only comply with Australian laws but also promote a respectful and inclusive environment,” Sherburn said.
“We must actively champion DEI and best practice in this area, not just avoid legal risks.”
Law departments also have the opportunity, she added, to ensure visible and vocal support from leadership.
“We’ve seen the positive impact that DEI has had, and the vast majority of people have benefited from this cultural change,” she said.
“DEI can’t be a passing trend, and the legal team can help embed this mindset into the DNA of a company – DEI by design.”
Good leadership needed
Modaxo group legal counsel (traffic management) Emilie Franklin observed that there may be a shift of large Australian companies privately moving away from formal DEI initiatives, but she pointed out that this does not necessarily mean that company culture will change.
At the end of the day, she said, “it comes down to leaders, their aspirations for culture and treatment of staff”.
“Similar to a legal department and all other shared services functions, there may be more scrutiny on DEI officers to demonstrate economic value to a business,” she said.
Franklin reflected that, as someone working in a male-dominated field, she has not witnessed a push for “bro culture” – if anything, she said, “I have witnessed the opposite”.
“As a leader, it is important to influence, lead by example, and recruitment is no different. It is important to have a good mix of diversity and gender so that you can, one, be able to relate/understand stakeholders; and two, allow for a wide generation of different ideas and collaboration,” she said.
“I think there is a shift of focus to what policies a company has that have [the] best outcomes for all employees. For example, greater interest in WFH or [flexible working arrangement] policies.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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