Equity, Diversity, and Inclusion (EDI) is critical to the growth and evolution of law librarianship in the 21st century. Fostering a diverse, equitable, and inclusive profession is of paramount importance to the field, and narrowing the diversity gap is necessary to meet the needs of the communities law libraries serve. Public-facing documents, such as the American Association of Law Libraries’ Ethical Principles and strategic plans across legal institutions, demonstrate that a wide range of institutions strive to become more diverse and inclusive. Yet, there have been challenges implementing successful initiatives to advance EDI within the profession.

This chapter is an overview of diversity, cultural competence, and implicit bias in law librarianship. It will examine concepts around diversity and offer practical ways to cultivate a diverse workforce and create equitable and inclusive environments. It also will provide insight into the challenges the profession faces in its struggle to diversify and what becoming a diverse profession even means. This chapter begins by discussing the history of diversity in law libraries, including how the profession’s demographics have shifted over the last century and what work has been done to improve diversity in law libraries over the last several decades. The chapter describes the broad concept of diversity and provides examples of some EDI initiatives implemented in the profession. Finally, the chapter explains implicit bias, cultural competence, and cultural humility. It offers suggestions on how to raise awareness and implement best practices around them, which will help create diverse teams and inclusive environments.

DIVERSITY EFFORTS IN LAW LIBRARIES

The vital functions of law libraries hinge upon the ability to reach and meet the needs of the diverse communities their respective institutions serve. Despite historic efforts to address diversity in law librarianship, the profession has struggled to increase the representation of historically excluded individuals in the profession. Why has law librarianship struggled to diversify as a profession? Numerous social and legal roadblocks have historically excluded certain populations from the field of law librarianship. Many libraries in the United States were racially segregated into the 1950s and 1960s. The first court cases ruling in favor of desegregating law schools did not occur until the 1950s. Additionally, the cost of attending law school or other institutions of higher education rises substantially with every passing year, a factor that may further discourage economically disadvantaged populations from pursuing a career that historically has required both a J.D. and an M.L.I.S.
The effects of these issues are echoed by a population of law librarians that does not represent the diversifying communities of the world outside the library. As a result, libraries often struggle to effectively serve marginalized groups with different cultures, stories, and needs. However, it is possible that the solution lies in the hands of law librarians themselves. By creating a more diverse, equitable, and inclusive profession, a more diverse, equitable, and inclusive environment for patrons is created.

Though demographics have shifted in the United States, the profession has been slow to reflect this change. The American Association of Law Libraries (AALL) has attempted to increase diversity in the profession through a number of initiatives since the 1970s. One initiative was the creation of affinity groups that encourage the participation of historically excluded individuals. Another initiative was selecting programs for annual meetings that feature speakers from diverse backgrounds. There have been numerous other efforts to address diversity through AALL programming. For example, in 1971, AALL established a special committee on financial aid to historically excluded members, and in 1985, they created a special Committee on Minorities to improve recruitment and involvement in the organization. Mentorship is a key component in cultivating diversity, and in 1989, AALL created a mentorship program directed at historically excluded non-law librarians and law students interested in law librarianship. In 1996, AALL’s Committee on Diversity began The Diversity Summit, which provided an opportunity for AALL members to discuss the increasing importance of diversity in law librarianship. Today, the Diversity & Inclusion Committee strives to ensure the diversity of membership and hosts programs and activities highlighting AALL’s diverse membership.

Additionally, AALL attempts to address the lack of diversity in the profession through affinity group caucuses focused on professional development and recruitment. These caucuses have played a pivotal role in diversifying law librarianship through myriad ways, such as administering scholarships for historically excluded law or law library school students and developing recruitment programming in library schools and training programs for graduates. The Black Law Librarians Special Interest Section provides opportunities for Black Law Librarians to connect and support each other while amplifying their voices in the profession and organization. Beyond these measures, regional law library associations have attempted to increase diversity recruitment efforts through various programming targeting underrepresented groups in local communities to raise awareness of the opportunities within the legal profession and librarianship.

While there are ample opportunities for law librarianship to narrow its diversity gap, it is important to recognize successes and acknowledge the positive trajectory of the profession. In 1998, the percentage of “nonwhite” law librarians was only 8.9%.ⁱ In a 2005 AALL salary survey, 14.7% of respondents identified as nonwhite.ⁱⁱ In its 2011 survey of 767 AALL members, the AALL Diversity Committee found that 30% of respondents (229 individuals) chose an identification of one or more of the racial and ethnic categories listed.ⁱⁱⁱ While this survey’s sample size was small, it attempts to extrapolate the actual demographics of membership. To compare, from the 2010 census data, the United States population of nonwhites was 27.6%.^iv While these numbers certainly rise to meet the aims of reflective diversity, other key components of diversity need to be achieved.

DIVERSITY DEFINED

There are nearly as many questions surrounding the concept of diversity as there are answers. The term carries different meanings for different people, including for scholars who write extensively on the subject. This confusion over the meaning of the term stems from the fact that diversity can have a variety of definitions depending on the situation in which it is being used. The simplest definition of diversity is variation of a population in categories such as race, gender, age, and ability. The goal of diversity is often utilitarian, stemming from an institutional ideal that an information organization can better serve its patrons with a diverse staff and that “important social institutions should represent the peoples they serve.”^v Diversity can provide viewpoints that fuel innovation and reflect the needs, expectations, and demands of an ever-changing population.

The modern use of the term diversity grew out of the concept of multiculturalism. Multiculturalism is a global collection of practices and policies such as education, public recognition, and laws that promote the tolerance and respect of culture-based differences amongst individuals and groups in a population. The concepts of diversity have expanded beyond the multicultural view centered on culture. Diversity considers aspects of identity and experience outside of culture, race, and ethnicity, such as physical ability and access, sexual and gender orientation, the ramifications of colonialism, and class and financial status.

Though there are many uses of the word diversity, the term can be disambiguated slightly by looking at three broad views on how diversity will look when it is achieved: reflective, substantive, and cognitive. Reflective diversity describes the belief that the demographics of an institution should reflect those of the population as a whole.^vi Substantive diversity is an assessment of the distribution of power, looking at not only demographics but the facilitation of meaningful participation and agency.^vii Cognitive diversity focuses on a greater variety of representations of ways of thinking.^viii Each of these views of diversity has different rationale, as the goal to diversify varies from institution to institution. Reflective and substantive diversity are based in the democratic and utilitarian goals reflected in the American Library Association’s Code of Ethics. Cognitive diversity may use the rationale that “greater diversity within a decision-making group makes the collective more successful problem solvers.”^ix

The terms equity and inclusion are now frequently used in tandem with diversity. Equity is the “ideal of being just, impartial, and fair,” while inclusion is the “state of including or of being included within a group or structure.”^x Beyond this definition, inclusion would result in groups in which all are able to participate fully. The addition of these terms to the DEI rhetoric represents a shift from creating awareness to taking substantial action to level the proverbial playing field and create equitable access for all.^xi In a law library, this may include providing gender-neutral bathrooms, facilities for lactation, and spaces in which patrons and library staff could reflect or pray.
Diversity efforts can focus as much on removing barriers as they do on bolstering representation. Some law libraries proactively address their lack of diversity and representation by adding materials to increase the perspectives represented in the collection. Others choose high-visibility locations to spotlight books by marginalized groups, which can help shape a patron’s view of the collection. Having materials written by women, BIPOC, queer, neurodivergent, or disabled authors displayed prominently can quickly convey the library’s commitment to diversity. Subject headings that are outdated or use offensive language can be updated, demonstrating an understanding of marginalized peoples’ histories. Many institutions issue mission statements outlining their commitment to diversity. Law librarians create LibGuides of resources that support diversity development and outreach.

IMPLICIT BIAS & ITS IMPACT ON DIVERSITY

Implicit bias can be defined as our attitudes or stereotypes, whether negative or positive, that unconsciously and involuntarily affect our actions and understanding of the world around us.^xii Everyone has implicit biases that we learned from our life experiences. Because implicit biases can be taught to others, they can be passed from generation to generation and community to community.

But if implicit bias is so common, why should we care? The reason is that implicit biases can limit both our personal growth and professional competence. They can lead to harmful decisions and actions that negatively impact ourselves and our colleagues. They can thwart one’s good intentions to create a diverse workforce and a welcoming and inclusive space.

Discovering, acknowledging, and working to overcome our implicit biases can improve our ability to implement diversity, equity, and inclusion measures in the workplace. For example, a supervisor’s implicit bias against candidates or employees can prevent talented professionals from succeeding in the workplace. Alternatively, a reference librarian’s implicit bias may limit their ability to conduct open-minded and nonjudgmental reference interviews, preventing patrons from accessing high-quality, necessary, and relevant information. Recognizing and intentionally changing our implicit biases can increase the quality of library services, improve our relationships with our colleagues, and open our minds to new learning experiences.^xiii

Biases can be changed, but because implicit bias is by its nature unconscious, it may be difficult to do so. Conscious attention to actions can change unconscious decisions. Changing our implicit biases begins with self-analysis and reflection.

Free online tests such as the Harvard Implicit Association Test help users identify unconscious biases surrounding issues such as race, weight, sexuality, and skin tone.^xiv Voluntary professional development modules from trusted organizations specializing in diversity, equity, and inclusion efforts may assist with this as well. Once we have taken note of our biases, we are able to better recognize when they creep into our workplace.

CULTURAL COMPETENCE & CULTURAL HUMILITY

1. What Is Culture?

According to the American Association of Law Libraries, a skilled law librarian should engage stakeholders, explore multiple perspectives, and design library systems and services to provide optimal access to resources.^xv To meet these competencies, a law librarian must attempt to understand the users’ and community’s cultures. Cultural competence and cultural humility are two concepts that can help law librarians understand cultures other than their own.

Before we can address how to build cultural competence or employ cultural humility, we must understand what culture is. Culture is defined as the “shared actions of groups of people, expressed daily, that are the results of historically or socially transmitted customs and traditions.”^xvi One commonly recognized category of culture is race. However, there are many other cultural categories, including but not limited to ethnicity, gender, religion, socioeconomic status, and sexual orientation. Another cultural category is disability, discussed in more detail in Chapter 3, “Accessibility Issues.”

It is not just people who have a culture; spaces do as well. Every law library has a culture, whether it is acknowledged or not. For example, a library may be traditionally quiet, somewhat formal, and staffed largely by white people. It is up to us to recognize our library’s culture so that we can work to ensure that everyone feels welcome there.

2. What Are Cultural Competence & Cultural Humility?

The concept of cultural competence originated in social work and has been applied to various other fields including education, medicine, and librarianship. Cultural competence in librarianship may include the ability to:

● recognize the significance of culture in one’s own life and in the lives of others;
● know and respect diverse cultural backgrounds and characteristics through interaction with individuals from diverse linguistic, cultural, and socioeconomic groups; and
● fully integrate the culture of diverse groups into services, work, and institutions in order to enhance the lives of both those being served by the library profession and those engaged in service.^xvii

Professional development trainings can help law librarians build cultural competence, but the quality of those trainings can differ. They may be helpful and insightful or insufficient and counterproductive. Insensitive approaches to learning about different cultures can stigmatize people or reinforce stereotypes, which may implicitly foster racist, sexist, and other prejudicial attitudes. Effective trainings will recognize the reality of intersectionality, which is the concept that we all have intersecting and overlapping identities. They also should emphasize that cultural competence is a process to continually work on, not an endpoint that can be conclusively achieved.

A complementary approach to cultural competence is cultural humility. Cultural humility includes a commitment to self-reflection, a willingness to acknowledge and dismantle power differentials, and a dedication to learning about and connecting to the communities we encounter.^xviii With cultural humility, we recognize that we can never be fully competent in understanding cultures because cultures are not static or monolithic. Instead, cultural humility is a commitment to lifelong learning. Law librarians are uniquely qualified to do this since such learning is the essence of law librarianship.

Both cultural competence and cultural humility are ways to enhance equity, diversity, and inclusion (“EDI”), yet are not synonymous with EDI. For example, an organization can be diverse but not have the cultural competence necessary to retain and support that diverse staff. Because our colleagues, patrons, clients, and students likely come from a mix of backgrounds and communities, we must employ cultural competence and cultural humility to meet their information needs.

3. Practicing Cultural Competence & Cultural Humility

There are many ways law librarians can employ cultural competence and humility. All law librarians should engage in self-analysis to root out unconscious bias, recognize that all stakeholders have their own valuable areas of expertise, and commit to connecting with the communities they serve. All law librarians can avoid outdated or derogatory terms and can reduce jargon or other obstacles to stakeholders’ use of library services.

Law librarians can also employ cultural competence and humility in various ways specialized to their workplaces. Academic librarians can learn about different cultures by attending on-campus lectures, cultural events, or meetings of student cultural groups. Instructional librarians can adapt to different cultural learning norms, including that some students may be uneasy speaking up in class or be uncomfortable with Western concepts of individual success. Reference librarians can use sensitive and open-minded communication in their reference interviews and create research guides highlighting works by underrepresented groups. Catalogers can implement local rules to address offensive and outdated subject headings. The methods used to employ cultural competency and humility may differ depending on the individuals or institutions, but the goal is always the same: to improve library services by understanding and valuing the people who are being served.

CONCLUSION

The systems of inequity that plague the law and librarianship and thwart diversification of the profession formed over many generations and thus cannot be undone quickly or easily. The path to meaningful change is long, and takes a life-long commitment to personal and institutional growth.

Though real change may seem daunting, law librarians can make a positive difference with every interaction by being intentional, thoughtful, and proactive. Dedication to diversity, equity, and inclusion while being aware of our implicit biases and practicing cultural humility are ethical obligations of the profession and essential to serving a diversifying population. Now more than ever it is vital that law librarians work to decrease implicit biases, increase cultural competence and humility, and foster a diverse team together with equitable, accessible, approachable spaces and resources for patrons and colleagues alike.