#571: What DEI Really Means for Small Law Firms, with Tanya Hernandez

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Jul 31, 2025

Tanya Hernandez, a law professor at Fordham University, specializes in anti-discrimination law and critical race theory. In this conversation, she breaks down the true meaning of DEI for small law firms and the legal context behind it. Tanya discusses the impact of unconscious bias in hiring and why 'culture fit' could be misleading. She offers practical strategies for fostering an equitable workplace that doesn’t require a large HR team and clears up misinformation about DEI after recent Supreme Court rulings, providing valuable insights for law firm leaders.

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INSIGHT

DEI Means Legal Fairness

DEI fundamentally means fairness and preventing discrimination, rooted in longstanding civil rights laws.
The legal need for DEI still exists to make workplaces free from harassment and bias.

INSIGHT

Small Firms Face Bigger Risks

Small firms face heightened risks of discord as unfairness feels amplified in tiny teams.
Employers need guardrails to detect and address inequity beyond dismissing conflicts as personality issues.

ANECDOTE

Hiring Biases Harm Quality

Research uncovered bias in hiring: some applicants got relaxed scrutiny while others faced unfair extra tests.
This bias risks overlooking qualified candidates and hiring less capable ones due to comfort with similarity.

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Many law firm owners want to foster inclusive workplaces—but aren’t sure how to do it without missteps or performative gestures. Professor Tanya Hernandez of Fordham Law School joins Stephanie Everett to unpack what DEI really means, where it comes from legally, and how small firms can approach it with clarity and intention.

The conversation explores how unconscious bias shows up in hiring and evaluation, why culture fit can be a red flag, and how to implement practical guardrails that promote fairness without needing a big HR department. Tanya also clears up legal misconceptions about DEI post–Supreme Court ruling and offers smart, research-backed tips for making firms more equitable—without making a scene.

This episode is a thoughtful guide for law firm leaders who want to build stronger, fairer teams—one intentional decision at a time.

Listen to our other episodes on DEI & Belonging:

#450: The Power of Building Belonging, with Dr. Terrell Strayhorn Apple | Spotify | Lawyerist

#105: How Small Firms Can Promote Diversity, with Dr. Heather Hackman Apple | Lawyerist

#242: Brave, Not Perfect, with Reshma Saujani Apple | Lawyerist

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Chapters/Timestamps:

2:09 – Meet Professor Tanya Hernandez: DEI Legal Scholar

2:44 – What DEI Really Means: The Civil Rights Foundation

6:41 – Why Small Firms Should Care: The High Stakes of Small Teams

9:46 – Culture Fit or Bias? Rethinking How We Hire

17:04 – Guardrails: Tools to Catch Your Own Bias

22:07 – Is Your Culture Inclusive? Rethinking Team Bonding

24:04 – Where to Start: Learning from the Next Generation

26:14 – Asking the Right Questions: Curiosity Without Burden

28:27 – DEI Is Not Illegal: Clarifying Misconceptions

30:54 – Skip the Slogans: Doing the Real Work Without Performative DEI