Fordham Law Review Volume 83 Volume 83 Article 11 Issue 5 Volume 83, Issue 5 2015 Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships Russell G. Pearce Fordham University School of Law Eli Wald University of Denver Sturm College of Law Swethaa S. Ballakrishnen Stanford University; Harvard Law School Recommended Citation Russell G. Pearce, Eli Wald, and Swethaa S. Ballakrishnen, Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships, 83 Fordham L. Rev. 2407 (2015). Available at: http://ir.lawnet.fordham.edu/flr/vol83/iss5/11 This Colloquium is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact
[email protected]. DIFFERENCE BLINDNESS VS. BIAS AWARENESS: WHY LAW FIRMS WITH THE BEST OF INTENTIONS HAVE FAILED TO CREATE DIVERSE PARTNERSHIPS Russell G. Pearce,* Eli Wald** & Swethaa S. Ballakrishnen*** This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their individual merit.