From Diversity to Inclusion

Chaim Li • 7 December 2020

It comes as no surprise that more companies are looking to invest in Diversity & Inclusion (D&I), following the increased global news coverage it has received this year. Yet, the conversation has now shifted from whether a company has any D&I efforts to how they are actually making progress. Having authentic representation and a genuine interest in promoting D&I within an organisation then becomes critical to avoid being suffocated by hallow initiatives that just won’t get you anywhere.


One of the most common misconceptions when it comes to D&I is to regard it as a single entity, in turn rendering it into a buzzword in the shadows. While “diversity” refers to having different types of things or people in the makeup of a group, “inclusion” refers to the intentional effort to make them feel involved and included. Having diversity without inclusion is like playing food Jenga at a buffet – you can keep piling onto your plate, but there is only so much it can hold before it starts tumbling down! While it is common to see organisations with only diversity measures face problems of retention, it is also possible for an inclusive workplace to lack diversity and find themselves engaging in narrow discussions that don’t reflect their customer base. Therefore, it’s important to address diversity and inclusion separately, understand their importance, and identify what you can do to improve each, so you won’t risk falling off the journey from diversity to inclusion.


Diversity is seemingly more straightforward. You can enforce measures, introduce initiatives and keep scores on your progress. Whether you are prioritising gender or race, there won’t be much ambiguity once it boils down to the numbers, and it won’t be long before you set off those confetti cannons and fireworks. While small victories are certainly worth celebrating, investing time and energy on inclusion is equally important, if not more. Compared to diversity, inclusion isn’t something you can achieve simply by setting up measures or campaigns – if that’s your approach, some would argue that you’ll have failed before you have truly begun. It also isn’t the responsibility of any team or individual; it requires input from everyone to make progress, which is what many organisations fail to achieve.


Inclusion emphasises an individual experience, where one would feel truly valued within a company. It’s about removing negative experiences and enforcing positive ones, whether that’s identifying and addressing discrimination, celebrating differences, or empowering individuals. It is about creating a safe space that allows people to voice their views and know that they’ll be heard, while being mindful not to force participation from those that aren’t keen to express themselves that way. It’s also about understanding the experiences of minority or historically marginalised groups and acknowledging that it can require extra strength from them and working on rectifying possible systemic problems that make their journey more challenging than others. Ultimately, it is showing people that you care and strive to make constant progress to create a more inclusive space.


There is no cookie-cutter solution when it comes to promoting inclusion but here are a few steps you can take, as an organisation or an individual, to begin that journey.


What organisations can do:

  • Conduct surveys on employee experience


Just like anything else, before you consider how to create a more inclusive environment, it’s crucial to have a good understanding of where you’re at. An easy way to do that is to survey employees on their experience. It is critical to make sure these are anonymous and that no one would be held accountable for their honesty as that is a common deterrence to people speaking their minds. This shouldn’t be hard if you’ve made clear your intent and showed genuine passion in striving for better inclusion.


Once you have consolidated the results, you will have a better understanding of where your organisation stands and what possible issues it might be facing. These will help you better formulate your next steps so you can focus your efforts to truly make an impact. Conducting these surveys regularly will also help form a good feedback loop, allowing you to review what has been working, what hasn’t and adjust accordingly.


  • Enable different voices to be heard


Having a voice and being heard are two different things, yet oftentimes organisations would stop after setting up communication channels and believe that would suffice. Unfortunately, just giving your people a voice without any additional support to ensure they’re heard will make the attempt futile.


Setting up discussions and focus groups could be a good lead-in to this as you begin the journey, as a way to empower the underrepresented while allowing others to better understand their experience and possible struggles. Creating the space that enables staff to arrive at this understanding is imperative to creating an inclusive workplace.

What individuals can do:

  • Be open-minded


Having an open mind is something many people talk about, but it’s much harder to achieve than it seems. I’ve come across a lot of self-proclaimed open-minded people who are simply “open to a certain extent”, and would hide inside their fortresses when exposed to anything outside of their comfort zone. Being open-minded is about having that willingness to understand things that are different from what you subscribe to, and not jumping to conclusions because of pretexts that you might have. Whether you agree with them or not isn’t important, showing respect and giving space is, so long as it’s not something unethical, immoral, etc.


  • Don’t be afraid to ask questions or make mistakes


When it comes to topics of D&I, it’s common for people to choose to remain silent to not risk saying the wrong thing. That’s alright when people’s intentions are good. However, a better approach would be to have those conversations instead, regardless of how difficult or uncomfortable they might be, as the alternative would be burdening yourself in tiptoeing around.

More often than not, people would be happy to have these conversations, to talk about their culture and experience, and share insights on what the appropriate vocabulary is. This will also show that you care and are making the effort to create a more welcoming space.


  • Take the time to identify your unconscious bias


Unconscious bias is not something that can be easily dealt with. First and foremost, we will have to acknowledge that we’re biased, just like anyone else.


Our upbringing, the social interactions we engage in, and the media we are exposed to all help shape our thoughts, which then affect our actions. When we meet someone for the first time, it’s not unusual for us to make assumptions about them. But why is that? It’s because our brain draws from its massive data pool and automatically makes connections between this person and what we’ve seen, heard, and experienced, possibly skewing our judgement without us noticing it. Therefore, taking the time to understand and identify any unconscious bias is key. If you’d like to learn more about this, I’d highly recommend Stacey A. Gordon’s LinkedIn course on Unconscious Bias here.


Rome wasn’t built in a day and neither is a diverse and inclusive workplace. If being more inclusive is indeed one of your goals, make sure to get your intentions right before taking any other actions. Because after all, just having a beautiful façade without any structural integrity won’t get you very far.


Do you have any D&I-related experience you’d like to share? Are there any other actions you would suggest for individuals or organisations who are looking to begin their journey on creating a more inclusive space? I’d love to know!

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She spent over 13 years working for two US law firms in the City of London before moving to Dubai and joining Herbert Smith Freehills in 2018 as a senior associate. Anna was first promoted to of Counsel in 2023 and elevated to partner in May 2024. Anna is frequently commanded by her clients for her exceptionally pragmatic approach to transactions, enabling them to navigate complex legal challenges with ease. Why did you decide to pursue a career in law? I didn’t always know I wanted to be a lawyer. In fact, I considered other paths. At one point at a very young age, I even thought about joining the army – I admired the discipline and resilience it required, and honestly, some of those skills would be helpful in law, too! While I had considered pursuing an MBA immediately after completing my master's degree, I ultimately chose to move countries and requalify in the UK, believing that this path would provide me with the most meaningful opportunities to advance my career. Looking back on your career, what are some key moments that have helped or hindered you in getting to where you are? There have been many key moments, both positive and challenging, that have shaped where I am today. Early on, studying law in two different languages and legal systems and requalifying in a very competitive market in London was a significant hurdle and achievement, that taught me the value of determination, hard work and persistence. Ultimately, moving firms to prove myself further and eventually relocating to Dubai to accelerate my career were key decisions that allowed me to challenge myself in new ways and grow. On the flip side, there were times when I faced doubts about whether I belonged in certain rooms, especially being a woman in a traditionally male-dominated industry. But each obstacle has made me more determined and shaped my leadership style. Each of these steps has been part of my evolution, and over the years I have learned that resilience and adaptability are key to navigating any obstacle. My promotion to of Counsel and then Partner earlier this year were major milestones, and currently, I am the only female partner in the office, which is something I am incredibly proud of. Having said all that, I know I wouldn't have been able to achieve all this without the support of amazing colleagues and mentors along the way. Do you believe there’s a glass ceiling for women in the workplace, and has it changed? I do believe the glass ceiling still exists in many industries, including law, though progress is being made. I have experienced certain challenges in my career, but I have not faced prejudice based on my gender; I’ve always thought of myself simply as a lawyer, focusing on being the best I can be. Today, we’re seeing more women in leadership roles, and I am proud to be among them. Yet, women still encounter less visible challenges, whether in the form of bias, societal expectations, or balancing family life with a demanding career. While strides have been made, there’s more to be done. Through evolving recruitment practices, mentorship, diversity initiatives, and challenging outdated norms, we can create further change. I’m encouraged by the support women offer each other, and that keeps me hopeful that the glass ceiling will continue to crack. What do you think the legal industry can do to improve diversity & inclusion? The legal industry has made progress, but there’s still room for improvement. First and foremost, we need more than just diversity in numbers—we need inclusion at every level, where everyone’s voice is heard and valued. This can be achieved through better representation in leadership positions and by ensuring that recruitment practices are truly inclusive. 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Your career may not be a straight line, it may have twists and turns, but each step, whether a success or a setback, adds to your growth. The most successful lawyers are often the ones who are authentic and have taken unique paths to get where they are. Success is as much about resilience and adaptability as it is about effort. Focus on building core skills and surround yourself with a network that supports and challenges you. And, most importantly, stay true to your values and who you are.
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