DIVERSITY MATTERS – TALKING PRIDE IN
THE LAW WITH OUR LGBTQ+ LAWYERS Scott Smith Senior Associate, Howes Percival
L
ast year, the Law Society published their research paper into the experiences of the LGBTQ+ legal community, aptly named “Pride in the Law”. The research paints a fairly positive picture, although there is clearly work still to be done to make the profession truly inclusive. In this article, we take a look at some of the key findings and speak to some LGBTQ+ lawyers within the community and their allies to see how their experiences compare.
Out and Proud
Ask any openly LGBTQ+ person about the first time they told someone about their identity (normally referred to as “coming out”) and no doubt they’ll have a story to tell you. The process of “coming out” is a continual one, and even those who are openly themselves with close friends and family will likely find themselves making decisions about whether to come out in various workplace settings. The Law Society’s paper indicates that just over 4 in 5 LGBTQ+ lawyers are out to their colleagues, but only around 2 in 5 are out to clients. These proportions are higher than the figures from the Law Society’s 2009 survey, but clearly some still have concerns about coming out at work. Scott Smith at Howes Percival comments that “whilst I identify as gay and I am happily out to most people I know including my colleagues at work, there are still occasions where I have to decide whether to come out to a new connection or rely on gender neutral terms like “my partner” to avoid outing myself.” Many in the LGBTQ+ community find that coming out becomes easier as you tell more people and become more comfortable in yourself. This seems to be backed up by the research which indicates that being out at work is easier for those in senior positions. Charlie Lyon-Rothbart at Taylor Vinters agrees and told us that “being out in the workplace can be easier the older you are and/or the longer you work somewhere. It was probably only from 2016 that I finally started to shed the fear of the reveal and take the attitude of “I am who I am and I have every right to be it.” Although the statistics around coming out at work are a good barometer of LGBTQ+ inclusivity, a truly 12 | www.cambslawsoc.co.uk
inclusive organisation will ensure that their employees feel comfortable being themselves at work without fear of discrimination or poor treatment as a result – neatly summarised by the increasingly popular slogan “bringing your whole self to work”. The results of the Law Society survey found that 97% of respondents felt they could be themselves at work at least some of the time, and it is clear that the industry is moving in the right direction. Emma Bowman at HCR Hewitsons notes that “even 15 to 20 years ago, attitudes were very different to those of today”. Despite the positive trends, not all LGBTQ+ lawyers had an entirely positive experience. Over 1/3 of respondents to the Law Society’s consultation had experienced some form of homophobia, biphobia, transphobia or other negative treatment as a result of their sexuality in the workplace. Nelson Clarke, Legal Counsel at Illumina notes that “being LGBTQ+ still requires greater personal courage and inner fortitude where representation at senior levels of firms and in-house management teams remains scarce. Businesses can also do more to fund and prioritise engagement with the community, making space for authentic networking opportunities, both big and small, for this community and its allies across organisations.”
Allies and Role Models
One of the keystones to ensuring LGBTQ+ lawyers feel comfortable being themselves at work is having the visible support of their colleagues, and this is a clear theme from the Law Society research paper. Around 9 out of 10 LGBTQ+ lawyers who responded to the Law Society consultation reported having supportive colleagues or allies in the workplace. Actions such as challenging inappropriate behaviour and educating themselves on LGBTQ+ issues were highlighted as some of the ways to be a good ally. Kieran John at Taylor Vinters agrees: “I see three aspects to my role as an LGBTQ+ ally in the workplace. Firstly, learning and understanding the challenges that LGBTQ+ colleagues may face - either through wider reading or by listening
