'Diversity is the lifeblood of all cultures.
It is the key to the introduction of new ideas and wider perspectives.
Discrimination is the enemy of diversity and the greatest threat to mutual enjoyment of its benefits.' So said Dame Barbara Mills DBE, QC.The major and perennial problem for minority ethnic 'graduates' of the legal practice course (LPC) and the Bar vocational course (BVC) is the obtaining of a training contract or pupillage.In 1998-99 the vast majority of the students admitted on the College of Law's LPC cited their ethnic classification (for statistical purposes only).
White students constituted about 80% and minority ethnic constituted slightly more than 19% of the intake.
At the end of the course 75% of the white students obtained a training contract, but only 45% of minority ethnic students did so.Since the LPC was launched in 1993 ethnic minority graduates have suffered great hardship by having to wait for years to get a training contract, or having to do paralegal work or menial work despite being qualified at great expense and saddled with a debt of thousands of pounds.
Quite apart from this one might ask whether it is in the best interests of the firms and the profession to condemn this talent to scrap the heap.Many of the larger City firms profess to have equal opportunities policies.
Why, then, is there such a disparity in the percentages of white and ethnic minority graduates obtaining training contracts? Are firms really operating a fair and non-discriminatory system of selection, and are they making use of 'positive action' under sections 37 and 38 of the Race Relations Act 1976?There is an increasing recognition of the immense value of diversity in society and at work.
Many employers in both the public and private sectors have seen that by reflecting diversity in their workforce they can develop their business and services more fully, be more cognisant of new ideas, be more in touch with customers and be able to manage talents to their advantage.
They also demonstrate fair treatment for all.
Sir Herman Ouseley, the former chairman of the Commission for Racial Equality said: 'The concept of diversity embodies the principle of fair treatment for all.
The terms "diversity", "fair treatment" and "equal opportunity" are all used to describe initiatives which can help to remove barriers to fair treatment at work.
Diversity involves valuing the individual and individual difference.
The objective of managing diversity is to enable every person to perform to his or her potential.'If minority ethnic graduates of the LPC or the BVC are denied training contracts and pupillages and have to resort to paralegal or menial work, they are being denied the opportunity to perform to their potential.Lawyers, as employers, should be at the forefront of fair treatment and justice for all.
Some measures that would be particularly necessary, to ensure equal treatment in selecting candidates for and awarding training contracts, are:-- Detaile d monitoring;-- Guidance to recruitment managers and personnel on the avoidance of unlawful racial discrimination, direct or indirect;-- A review of all selection procedures to identify and remove indirect discrimination, and;-- Procedures to ensure that opportunities to obtain training contracts are open to all sections of the community.It is hoped that these measures will assist to address inequality of opportunity and unlawful racial discrimination, and draw firms towards policies of fair treatment and equal opportunity for all.
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