The LGBTQ+ community has marched long and hard to promote inclusion, awareness and acceptance. It strikes me, however, that the corporate world has reached the final frontier, and it will take sustained determination and willing participants to finish the journey: LGBTQ+ leadership and smash the pink ceiling.
Think for a moment about how many positions of business leadership are occupied by a proud and determinedly “out” member of the LGBTQ+ community. Despite the progress made in the more junior end of the business, LGBTQ+ colleagues sadly do not always seem to reach authoritative leadership roles. Research suggests that, currently, there are no openly LGBTQ+ CEOs at FTSE100 companies and only four within Fortune 500 companies. Just 0.4 per cent of Fortune 500 board seats are held by openly LGBTQ+ professionals.
On a slightly brighter note, other data suggests the UK legal sector is ahead of other industries, as LGBTQ+ representation among lawyers and partners is both better than in the broader business world and more broadly aligned with LGBTQ+ representation in wider society.
Turning to my personal experience, I recognise I have had a successful career and reached senior roles, something that was unlikely to have been possible a generation or two ago, or at other firms. I am fortunate that Morrison Foerster was the first “Big Law” firm to appoint an openly gay chair, Keith Wetmore. Having someone visible in a senior role like that was hugely empowering for me and other gay colleagues during his term from 2000 to 2012. And other efforts to promote inclusivity from straight colleagues at the top of the organisation have felt equally empowering and should not be overlooked.
When I reflect on what inclusive leadership looks like, and what empowered me as a young LGBTQ+ lawyer, colleagues like former partner at my old firm Janet Olsen come to mind—a straight, outspoken woman who would not allow anyone to demean anyone for being who they really were. I think also of Jack McCarthy, a straight, “salty” former marine and co-chair of my former firm, who was as traditional as someone could be, yet also completely and thoroughly comfortable with everyone! All Jack cared about was high-quality lawyering and being respectful of others.
Leadership comes in all forms, and to me inclusive leadership, as you would expect, is about high-quality, accomplished lawyers but with more colleagues of colour, women and LGBTQ+ attorneys, who themselves are unafraid of being “out and obvious” and fully expressing their LGBTQ+ selves!
Unfortunately, it’s not always that easy. I’ve met and dealt with obvious bigots over the years. However, much more disappointing to me is dealing with people who sincerely believe they are inclusive and open to all walks of life, yet their choices of teams and the make-up of their practices display clear, pre-conceived notions of women, people of color and/or LGBTQ+ lawyers. Feedback and exit interviews often indicate very clearly that some practice leaders often select colleagues for deal/matter teams very much like themselves. The sad thing is that these people, who are in positions to make impactful decisions often find shortcomings or failings that, at least to me, are motivated by, and found, because of their discomfort with lifestyles or other characteristics different from their own.
Leaders can and should promote a culture in which we all feel empowered to call out attitudes and behaviours that are not inclusive. In my first partner meeting at a former firm, an elder senior partner used a homophobic term in addressing me. He was immediately called out by a fellow partner. It never happened again, which was amazing. We all have a role to play in eradicating bigoted views in the workplace that stifle career progression of our proud community.
Leaders should also constantly challenge themselves and reflect on how inclusive they are in fact. Law firms and our clients might have an array of support groups, fly the flag for pride, and have reserves of allies across the business but what is more important is to reflect on and review the following questions: how many of our heads-of practice, members of the executive committee, office managing partners or members of the board of directors are LGBTQ+? If the percentage of our employees who are LGBTQ+ vastly exceeds the percentage of senior decision-makers who are LGBTQ+, how can we close this gap? Only then will we smash the pink ceiling, and this effort has to be leadership-led.
Leaders should speak openly about the need to smash the pink ceiling, acting as champions for all employees and reemphasising that there are no hurdles to leadership for anyone. While leadership might not be truly diverse now, such statements reinforce the message that, in a reasonable amount of time, it can be. Firms can also make certain that choices for local office management, executive committee and other leadership positions include open and obvious LGBTQ+ leaders. All firms need to constantly assess whether they do enough to publicly and determinedly fight for the inclusion of women, LGBTQ+ and lawyers of colour, and to be truly inclusive at leadership level is to see a proportionate number of those communities in positions of influence.
Firms can also hold themselves to account in this regard and can, among other initiatives, sign up to Diversity Lab’s Mansfield Rule, which was designed to explore new ways to increase diversity amongst the top ranks of the legal profession. MoFo achieved Mansfield Certification Plus status in 2022, for the fifth consecutive year, indicating we have successfully achieved at least 30 per cent women, minority, LGBTQ+ and lawyers with disabilities representation across notable leadership roles. More firms could and should sign up to the Mansfield Rule, and it should be a point of pride when firms achieve certification plus.
Without Jack McCarthy, Janet Olsen or Keith Wetmore, would I have made partner or led teams? Maybe, but I know there will be thousands in the legal sector and beyond without the allies, leaders and mentors that I had. My call to straight leaders is this: do more. Open doors, reflect on change, challenge the norm, confront bigots, champion everyone. Set goals. Meet those goals.
Smashing the pink ceiling and having more visible LGBTQ+ leaders will empower your colleagues—and you will be surprised at how much more effective they will be as lawyers to know that they too are accepted and might one day reach positions of influence and leadership.
Brian Bates is senior of counsel at Morrison Foerster
