Forging Forward: How Wellbeing Anchors The Heart Of DEI Strategy

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Bass, Berry & Sims
Contributor
Bass, Berry & Sims is a national law firm with nearly 350 attorneys dedicated to delivering exceptional service to numerous publicly traded companies and Fortune 500 businesses in significant litigation and investigations, complex business transactions, and international regulatory matters. For more than 100 years, our people have served as true partners to clients, working seamlessly across substantive practice disciplines, industries and geographies to deliver highly-effective legal advice and innovative, business-focused solutions. For more information, visit www.bassberry.com.
Law firms nationwide are incorporating wellbeing and mental wellness programs and initiatives into their business strategy.
United States Corporate/Commercial Law
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Law firms nationwide are incorporating wellbeing and mental wellness programs and initiatives into their business strategy. According to the authors of "Stressed, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk" (2023), attorneys are experiencing depression, anxiety, and burnout at alarmingly higher rates than other professions; therefore, wellness programs are not simply a nice initiative, but imperative to the business of law firms. The pressures of practicing law can contribute to mental health challenges. Prioritizing mental wellness is essential for enabling attorneys and other legal professionals to bring their best talent and abilities to the workplace. By providing tools for mental wellbeing, law firms can help attorneys and professionals deliver excellent work for both external and internal clients while also fostering a healthy workplace environment and culture.

Alongside the demanding legal profession, underrepresented attorneys and professionals in law firms frequently encounter additional mental health challenges. In honor of Wellbeing Week in Law (May 6-10, 2024) this article will explore these challenges and offer some practical solutions for incorporating wellbeing into your DEI initiatives.

Where Wellbeing and DEI Meet

As leaders and DEI professionals in law firms devise strategies to attract and retain women and historically marginalized attorneys, firms must integrate mental wellbeing into their DEI strategy and the broader firm strategy. Neglecting wellbeing within DEI initiatives could undermine efforts to shape a positive firm culture.

"Wellbeing is not defined as an absence of illness. It's critical to look at it as a whole-health perspective that is continuous and is achieved across many dimensions: occupational, emotional, physical, intellectual, spiritual, and social," offered Denise Gaskin, interim executive director and professional integral coach at the Institute For Well-Being in Law. "These dimensions work together and being out of balance in one can cause 'drag' on other dimensions. The intersection of DEI and wellness can be seen in each dimension, but may be more easily viewed in in the social one. Social wellbeing is having a sense of connection, belonging, and a well-developed support network while also given the opportunity to contribute to our workplace and communities."

Below are a few challenges to watch for specific to underrepresented groups that can impact mental wellbeing.

Psychological Safety

Ensuring workplace safety is important. While physical and financial security is typically prioritized, it's crucial to emphasize psychological safety, particularly for employees from historically marginalized backgrounds.

Psychological safety is the belief and feeling that one has the safety to speak, voice concerns or make mistakes, or more importantly, admit to mistakes without fear of negative consequences or being left out of future work or social opportunities. The term was coined in 1999 by Amy Edmondson, the Harvard Business School professor and author of "The Fearless Organization," who used the phrase "team psychological safety." In her research, it was discovered that teams that reported more mistakes were healthier. Their willingness to discuss mistakes wasn't a sign of incompetence or ignorance; instead, it showcased a culture of safety and openness within the team.

Essentially, psychological safety allows talent and genius to surface and thrive. It directly impacts the bottom line by enhancing learning and development, boosting employee retention, and improving overall performance. It fosters deeper engagement among employees, empowering them to share their insights and perspectives more freely. As many firms recognize and research has indicated, greater diversity in thought and background leads to more effective problem-solving. Therefore, implementing strategies to ensure that everyone feels heard and valued when contributing is crucial. This represents a significant aspect of diversity—encouraging a wealth of innovative ideas and a wide range of perspectives in tackling challenges. Without a culture that promotes psychological safety for individuals who differ from the majority, are we truly fostering diversity?

Being the First and Only

Whether you're the trailblazer at law school, the pioneering Black associate or partner, or the first Asian paralegal, being the first or only one brings immense stress, isolation, and pressure. Alongside the weight of representing an entire underrepresented community—be it Black, Asian, Latino, or others—there's added pressure to avoid errors or misrepresentations that could perpetuate stereotypes. Even more daunting is the expectation to counteract years of biases against the group. Moreover, there's the burden of being the spokesperson when public issues or controversies arise.

The Wellbeing of DEI Leaders

There is also added pressure and stress faced by individuals driving DEI efforts in law firms and legal teams. With mounting resistance against diversity initiatives, the challenges can appear daunting. In the DEI roles, there is an expectation to be both a catalyst for change and attune to existing norms. Balancing the role of a disruptor while navigating established cultural norms can be both exhilarating and daunting. DEI leaders assume the mantle of advocacy, perpetually weighing the decision to forge ahead.

Mental Wellness Works for Business

Problems don't get resolved by ignoring them. Acknowledging mental wellness, stress and anxiety in the workplace can be the first step in improving culture and creating an environment where everyone can thrive. According to a report by the American Psychological Association in 2021, 59% of employees stated that stress had adversely affected their lives in the previous month. This impact included challenges with focus, as well as diminished interest, motivation, energy, and effort. The focus on mental wellness and wellbeing improves business, as well as contributes to DEI efforts.

Apart from aiding retention, bolstering employee morale, and reducing absenteeism, companies prioritizing mental wellness also experience heightened productivity among their staff.

Connecting DEI and Wellbeing

Below are a few practical solutions for incorporating wellbeing into your DEI initiatives:

  1. Focus on Belonging: DEI efforts should strive to create an environment where all employees, regardless of their background, feel valued and included. Wellbeing initiatives can support this by addressing issues like imposter syndrome or feelings of isolation that employees from underrepresented groups may experience.
  2. Mental Health Support: Wellbeing initiatives often include mental health support programs such as counseling services or stress management workshops. DEI efforts should recognize the unique challenges that individuals from marginalized communities may face and provide tailored mental health resources to help address these challenges.
  3. Leadership Development and Mentoring: DEI initiatives should seek to create opportunities for leadership development and advancement. Wellbeing initiatives can support this by providing resources for mentorship programs, and networking opportunities that are inclusive and consider all backgrounds, genders, and ethnicities. One McKinsey study revealed that employees who report that their organizations invest substantially in leadership development are 64% more likely to rate senior leaders as more inclusive.
  4. Community and Connection: Both DEI and wellbeing initiatives should aim to foster a sense of community and connection among employees. By creating spaces for open dialogue, collaboration, and mutual support, these initiatives can help build a stronger and more inclusive workplace culture.
  5. Transparent Feedback Programs: Feedback is a gift. Transparency is also the responsibility of good leaders. However, many firms still lag in delivering timely and constructive feedback. In the absence of consistent and regular feedback, opportunities for correction and growth are jeopardized for all, especially those from marginalized backgrounds.

Overall, integrating DEI principles into wellbeing initiatives at a law firm can lead to a more supportive, inclusive, and equitable work environment, ultimately benefiting the wellbeing and professional success of all employees.

Originally published by Law.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Forging Forward: How Wellbeing Anchors The Heart Of DEI Strategy

United States Corporate/Commercial Law
Contributor
Bass, Berry & Sims is a national law firm with nearly 350 attorneys dedicated to delivering exceptional service to numerous publicly traded companies and Fortune 500 businesses in significant litigation and investigations, complex business transactions, and international regulatory matters. For more than 100 years, our people have served as true partners to clients, working seamlessly across substantive practice disciplines, industries and geographies to deliver highly-effective legal advice and innovative, business-focused solutions. For more information, visit www.bassberry.com.
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