Rethinking Inclusion: Ideal Minorities, Inclusion Cultures, and Identity Capitals in the Legal Profession

Abstract

Using preliminary observations from three parallel projects that employ a range of methods (network and content analysis, surveys, focus groups, and interviews), this article traces the experience of navigating different kinds of identity as useful capital within the legal profession. Identity is not the first kind of non-economic capital to influence professional navigation, but it is distinct in that it is owned and deployed primarily by minority actors. Adding to scholarship that has located the extensions for identity as capital, three interrelated contributions follow from this research. First, it reveals the prevalence of a diffuse field of diversity consciousness where, regardless of outcome, there is a sense that diversity is useful capital. Second, despite being notionally useful, these multi-method sources reveal the ways in which navigating such capital is simultaneously complicated for both actors within visible (e.g. race and perceived gender) and invisible (e.g. some disability, genderfluidity, and religion) identity categories. The isomorphic diversity posturing by organizations fosters a system where being a minority is seen as an advantage, but inclusion feels like accommodation either because it demands certain portrayals of precarity or because it leaves individuals unsure of their worth beyond the expected performance of their identity. As a result, even though the new version of the ideal professional norm might valorize identity as capital, it continues to serve organizations rather than individuals. Finally, these data make the methodological case for the usefulness of the periphery as an analytical vantage point to assess systemic inequalities in legal profession research.