Addressing the Gender Pay Gap in Law
April 30, 2024April 2024 – Employment Law Updates
April 30, 2024By Reva Naidu.
Reading time: three minutes
Are blind hiring methods detrimental to diversity, equity and inclusion (DEI) in the legal sector?
What is blind recruitment?
Blind recruitment processes involve removing identifiers from applicants’ CVs and applications, including their name, age, nationality, racial background, and even their university’s names in certain cases with the aim of eliminating a recruiter’s possible unconscious bias. This is done to ensure an impartial decision, resulting in a ‘skill-based hiring practice’. Although law firms and chambers m are making great strides towards inclusion, the diversity within the legal sector is far from representative. For example, according to the SRA, only 19% of lawyers have a BAME background.
For more information about diversity statistics in law, please visit https://www.sra.org.uk/sra/equality-diversity/diversity-profession/diverse-legal-profession/.
Usually, applicant tracking systems (ATS) and HR recruitment software such as Ciphr, Pinpoint, and Entelo are the chosen technologies to remove the aforementioned information from CVs, although this can be done manually through a third person. Although these methods certainly seem like they might increase the diversity and equality within the legal sector, do they really? In this article, we take a dive into the implications of a blind recruitment process.
The positives
Proponents of blind hiring believe that by removing the external ‘noise’ in a candidate’s application, it could be easier for recruiters to focus on what truly matters – the candidate’s skills and qualifications. This includes but is not limited to:
- interpersonal;
- problem-solving; and
- creative skills which are not background-dependent.
Studies have shown a positive impact on DEI when identifying features were omitted from a CV.
Read this article to find out how Al can contribute to creating a more diverse and inclusive legal landscape: https://thestudentlawyer.com/2024/03/11/the-role-of-ai-in-reshaping-diversity-and-inclusivity-in-the-legal-profession/
Marianne Bertrand and Sendhil Mullainathan, NBER Faculty Research Fellows, conducted a study in 2022 and found that job applicants with White names required approximately 10 resumes to receive one call-back, whereas those with African Americannames required approximately 15 resumes to receive one call-back.
Further, the ‘Orchestra’ study, found that a blind screen increases the probability a woman will advance out of certain preliminary rounds by 50% as well as enhancing “by severalfold, the likelihood a female contestant will be the winner in the final round”. Thus, blind hiring has been demonstrated to have a positive impact on inclusion and representation.
Earlier this year, magic-circle giant Clifford Chance, introduced a policy where only a candidate’s name would be revealed to the interviewer prior to their final interview. This means there will be no information about their educational institute, removing the ‘Oxbridge’ bias that often influences the field. As a result, the firm has seen a rise of 30% in the institutions represented, helping them secure a variety of talent. Other law firms and universities have been advised to follow suit.
Read further about Clifford Chance’s policy here: https://www.independent.co.uk/student/news/exclusive-law-firm-clifford-chance-adopts-cv-blind-policy-to-break-oxbridge-recruitment-bias-9050227.html
The drawbacks
Despite this, law firms and chambers that would like to reach a quota due to an existing D&I policy may not benefit from this process. In some situations, knowing a candidate’s diverse or less traditional background may indicate to a recruiter the distinctiveness of their skills and knowledge pertaining to multiple jurisdictions and countries. It would disadvantage such candidates if their backgrounds were to be omitted. One must also consider that blind recruitment process may only remove the first barrier, as an unconscious bias may still be present in face-to-face interviews. It may also make it difficult for firms to find a candidate who would be a good cultural fit within the company. Therefore, it is important for them to evaluate the needs of the firm and balance this with the DEI requirements.
Finally
If firms and chambers do not take measures to improve their hiring processes, they may develop a homogenised workforce composed of individuals with similar upbringings and perspectives on life. Skill-based hiring helps businesses benefit from the knowledge, ideas, and skills of a more diverse workforce. Without a wider range of experiences, and cultures, innovation and creativity may be stifled.