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HARTFORDBUSINESS.COM | APRIL 1, 2024 25 FOCUS | DEI While Robinson+Cole doesn't have a formal DEI practice, its services are offered within the firm's labor, employment, benefits and immigration group. Kushel said her practice handles myriad workplace issues, including employment litigation and drafting or reviewing policies. She said that while DEI has become more prom- inent and mainstream, her firm has been working in that space for years in a growing capacity. "A lot of DEI practices evolved from labor and employment prac- tices because they deal with issues in the workforce and with people," Kushel said. Kushel said DEI education and mentoring services have been increasingly popular with clients, so the firm helps organize training sessions for a company's employees related to diversity in the workplace. "It is absolutely a best practice — even in terms of litigation, I would call it proactive litigation defense — to make sure that a workplace is up-to-date on their training," Kushel said. "It helps reduce potential claims, but it also helps with the defense of potential claims." Ogilvie said it's not just large companies that are seeking DEI guid- ance — organizations of all sizes are realizing the importance of "casting the biggest net" when it comes to recruiting and retaining talent, and strong DEI policies could be a good way to do that. "When you're thinking about how to attract the best and the brightest with the widest group of candidates to even consider working somewhere, you probably need to look at your diversity, equity and inclusion initia- tives as well," Ogilvie said. Kushel said some small and medium-sized companies are trying to be "proactive" when it comes to addressing potential workplace issues through inclusive policies. "Smaller and midsize companies have fewer employees, so exclusions and problems can have an even greater impact on the work culture," Kushel said. SCOTUS impact Meantime, employers continue to weigh the impact of the U.S. Supreme Court's college admissions ruling. In the wake of the decision, many law firms around the country sent out briefs weighing in on the poten- tial implications for private-sector employers' diversity initiatives. Connecticut lawyers said the Supreme Court's decision isn't causing companies to abandon their DEI initiatives. "There's certainly an impact of Supreme Court decisions and national politics, but culturally, many companies are keeping initiatives and just making sure they're consistent with the law," Kushel said. "Busi- nesses have evolved significantly so that they don't only do things to comply with the law, they have many stakeholders who demand cultural change." Kushel said reviewing and updating DEI policies is important. "Supreme Court precedent is going to impact business activity in most facets of business, so when you have a decision like students for fair admis- sions, that can have a ripple effect, even if it's not directly targeted to the issues companies face," she said. Robinson said the Supreme Court decision prompted Halloran Sage to reevaluate and revisit what DEI is, and why it's important. Ultimately, she thinks the decision reaffirms that "diversity is a valid goal in and of itself." "As with everything, there has been an ebb and flow in the appetite for DEIA services," Robinson said. "We saw a sharp increase after the George Floyd murder, followed by a slight decline during COVID. Now, with the latest affirmative action deci- sion from the Supreme Court and the heightened scrutiny of identity-related issues, there is renewed interest. Savvy companies are recognizing that DEIA actually provides a way to address many of the concerns raised in the affirmative action cases because DEIA does not elevate one identity group over another." Ogilvie said she acknowledges some people have the opinion that DEI initiatives are overdone. But, she still emphasized their importance. "It's not about taking opportunities away from anyone else or any other group. It's really about widening the pool of talent that we get to consider for various opportunities," Ogilvie said. McCarter & English Hartford Office Managing Partner Moy Ogilvie says companies of all sizes are focused on DEI efforts. Law firms focus on internal DEI efforts By Skyler Frazer sfrazer@hartfordbusiness.com W hile law firms provide guid- ance to clients regarding diversity, equity and inclu- sion, they also have their own internal DEI strategies. McCarter & English Hartford Office Managing Partner Moy N. Ogilvie has been at her firm for 20 years and heads its DEI initiatives, policies and programs across all 12 offices, including two in Connecticut. McCarter & English's DEI efforts mainly fall into two categories: talent and culture. "It's our goal to attract the broadest group of applicants at every level — from the attorneys, to our profes- sional staff. It's our goal to attract them, develop them, maintain them and then give them opportunities for growth," Ogilvie said. "On the culture side, it's our hope to continue to create a culture that is inclusive to the fullest extent possible." Making sure practice group leaders, committee members, office managers and other staff represent a diverse range of the country's popula- tion is important, she said. "There's been a dramatic change in what we look like as a firm, but also, who the leaders in our firm are. Because diversity, equity, inclusion, it's not just about having people in place, it's about having people in place and giving them opportunities to lead," Ogilvie said. She said the legal industry has made strides when it comes to internal DEI practices over the last several years, but there's still work to be done. McCarter itself has had a DEI program overseer position for about a decade, and other firms are following suit. DEI stamp of approval Diversity Lab, an organization that works with law firms and legal depart- ments to create "more fair, equitable, and inclusive communities and work- places," has developed an annual certification process called the Mans- field Rule that ensures employees have a fair and equal opportunity to advance into leadership positions at their respective employer. McCarter & English is participating in the current cohort of law firms working to earn Mansfield Rule certification. In October, Hartford law firm Robinson+Cole announced it had achieved a Mansfield Rule Certification Plus rating, meaning the company has gone above and beyond when it comes to its DEI efforts. Specifically, the designation means Robinson+Cole has considered at least 30% women, lawyers of color, lawyers with disabilities, and LGBTQ+ lawyers — historically underrepre- sented attorneys — among its field of candidates for significant leadership roles and activities in the firm. "We've been Mansfield-certified for a number of years," said Robinson+ Cole Partner Virginia E. McGar- rity, co-chair of the firm's diversity, equity, inclusion and belonging committee. "There are multiple external measures or validations of Robinson+Cole's diversity initiatives and programs." She said the law firm's DEI initia- tives are "a series of aspirational goals backed by concrete action items" laid out every three years as part of its diversity action plan, which is included in Robinson+ Cole's overall strategic plan. Part of those efforts include hosting town hall-style meetings with employees throughout the year that highlight the firm's DEI initiatives and programs. The firm has also enhanced the transparency of its advancement and compensation policies as part of its DEI strategy. "We want to work to ensure that all talent at the firm has a fair and equal opportunity to advance into leader- ship," McGarrity said. Virginia McGarrity