2020 MCCA Fortune 1000 GC Survey

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MCCA Fortune 1000 GC Survey 2020 MC CA © 2020 Minority Corporate Counsel Association. All rights reserved.

Transcript of 2020 MCCA Fortune 1000 GC Survey

Page 1: 2020 MCCA Fortune 1000 GC Survey

MCCA Fortune 1000 GC Survey

2 0 2 0

MCCA ™

© 2020 Minority Corporate Counsel Association. All rights reserved.

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2MCCA | 2019 FORTUNE 1000 GC SURVEY 2MCCA | 2020 FORTUNE 1000 GC SURVEY

The past decade has marked substantial strides for

America’s diverse groups: the tenure of the first African

American president, the federal legalization of same sex

marriage, and the renewed strive for equal pay. Even

times of adversity seemed to have fueled a renewed

resolve for their inherent right of equality. Such cases

can be seen with the historic Women’s March in 2017,

years of systemic abuse culminating in the #MeToo

Movement, and the 2018 mid-term elections. Diverse

groups and those supporting them showed up in

droves to the mid-term elections and delivered historic

results. Among the results were the first Hispanic/Latinx

American congresswomen from Texas, Sylvia Garcia and

Veronica Escobar, the youngest woman to be elected to

Congress, Alexandria Ocasio-Cortez, who dethroned a

10-year incumbent, and two women, Deb Haaland and

Sharice Davids, who broke the barrier as the first Native

American congresswomen.1 Overall, there are now

record highs of women and Hispanic/Latinx Americans

in Congress at 127 Congresswomen and 46 Hispanic/

Latinx American lawmakers. Asian Americans also set a

record high of seventeen Congress members. Six new

African American Congress members joined the previous

forty-nine as a result of the 2018 mid-term elections.2

Throughout this report, the overall trends show a slow

but positive progression towards equal representation.

This trend towards a representative underrepresented

racial/ethnic group in high level positions is also mirrored

in the Fortune 1000’s General Counsel. More women

than ever before have risen to the position of General

Counsel (GC). The same holds true for underrepresented

racial/ethnic groups, however at a reduced rate. Over the

past fifteen years, the overall trajectory of the Fortune

1000 GCs has been consistent in establishing a more

representative population compared to law firms.

Since 1999, the MCCA has tracked underrepresented

racial/ethnic GCs who have been historically under-

represented in the Fortune 1000. Consistent with

previous editions of this report, underrepresented racial/

ethnic groups are defined as African American/Black,

Asian American/Pacific Islander, Hispanic/Latinx, Native

American/Indigenous, and Multiracial.

2020 MCCA Fortune 1000 GC Survey

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Over the past 15 years, underrepresented racial/ethnic

groups and female representation has slowly but surely

increased each year. Looking holistically at the number of

women and underrepresented racial/ethnic GCs in the

Fortune 1000, 2004 showed that only 15.6% of GCs were

women and/or underrepresented racial/ethnic groups.

Fast forward to 2019 and we see a significant change in

composition where now 34.1% of GCs are either women

and/or underrepresented racial/ethnic groups, more than

double the figure 15 years ago. Digging into this change,

White women can be seen as the catalyst and truly led the

charge for change, seeing that each year they represent

anywhere from 66% to 74% of the non-White male GC

population.

Starting in 2004, women represented just 12.4% of the

Fortune 1000 GC population. Small increases were seen

each year since then, with the exception of a slight decline

in 2009. The largest increase was seen in 2017 where the

percent increased from 22.4% in 2016 to 25.1% in 2017,

coinciding with the height of the #MeToo movement. In

2019, 29% of GCs in the Fortune 1000 were women,

more than doubling their representation since 2004.

Underrepresented racial/ethnic GCs mimic the same

progress that women display since 2004, however, at a

slower pace. In 2004, underrepresented racial/ethnic

GCs represented just 4.3% of the Fortune 1000. Slow but

steady progress since then has led to a high of 11.5% in

2019. Over that time frame, 2011 was the only year that

saw a decline. Conversely, 2016 represented the year

where the largest jump in composition occurred, from

7.7% in 2015 to 9.0% in 2016.

Looking further into the top three racial and ethnic

categories, the representation of African American/Black

GCs has risen from 3.1% in 2004 to 5.1% in 2019, Asian

American GCs have risen from 0.5% in 2004 to 4.3% in

2019, and Hispanic/Latinx American GCs have risen from

0.7% in 2004 to 2.1% in 2019.

F O RT U N E 1 0 0 0 G C T R E N D S

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2019 boasted a substantial increase in underrepresented racial/ethnic GCs, jumping around 9% from the prior year.

2019 now owns the record for the highest number of women and underrepresented racial/ethnic GCs. Of the 1000 GCs,

women increased by twenty-four from 2018 to reach 290. The African American/Black community reached new heights

with 51 attorneys attaining the rank of GC and the Asian American community gained the most ground, increasing by 9

to reach their new high of 43 GCs in 2019. All data is as of December 2019 and 99% of the GC’s gender and 93% of their

ethnicities were accounted for.

Disaggregating the results reveals a more promising increase in the representation of the underrepresented racial/ethnic

subgroups. Leading the charge were the African American/Black and Asian American communities, each displaying their

highest recorded number of GCs in either gender. Hispanic/Latinx Americans matched their highest numbers in the

Fortune 1000 GC population.

2 0 1 9 F O RT U N E 1 0 0 0 G C S

African American/Black Asian Hispanic/Latinx White Unknown Total

Male 24 27 14 587 45 697

Female 27 16 7 226 14 290

Unknown 0 0 0 0 13 13

Total 51 43 21 813 72 1000

TA B L E 1 . 2 0 1 9 F O RT U N E 1 0 0 0 G C C O M P O S I T I O N

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In assessing the progression of underrepresented racial/ethnic groups representation, it is important to take into account

the change from year to year. This illustrates not only how the related groups fared in 2019 but also their rate of change

over the past year. An important note when interpreting these changes is the relativity of percentages. For example, a

decline of 3.7% in White male GCs from 2018 to 2019 represents a decline of 23 GCs. In contrast, the Hispanic/Latinx

American female population increased by 40%, representing an increase of just two individuals.

From a relative standpoint, Asian American and Hispanic/Latinx American female GCs experienced the greatest

percentage increase over the prior year at 46% and 40% respectively. Overall, twenty-four female GCs joined the

Fortune 1000 in 2019 and grew at a rate of 9.4%. The total Asian American GC community grew by nine individuals,

increasing 26% over the prior year. Hispanic/Latinx American male and White male GC’s were the only racial and

ethnic groups that remained the same or retracted slightly.

African American/Black Asian Hispanic/Latinx White Gender Totals

Male 4.3% 17.4% -12.5% -3.7% -4.0%

Female 8.0% 45.5% 40.0% 7.1% 9.4%

Totals 6.0% 26% 0% -1.1%

TA B L E 2 . G RO W T H V E R S U S P R I O R Y E A R

A slightly different analysis to peer into individual GC changes sheds light on the opportunities to change. In order to

analyze the opportunity to change from one gender or ethnicity to another, we must first evaluate the total number

of GCs that actually changed from the previous year. The group of companies that changed GCs from 2018 to 2019

represent the base and are the group where change occurred. Within the group where change occurred, each company’s

GC could have changed from one gender or ethnic group to another. Those specific GCs displayed a unique quality

because they became the positions where an opportunity for change was possible. “Opportunity for Change” going

forward is defined as: (1) there was in fact a change in General Counsel from the subsequent year and (2) the General

Counsel in question was not already the predefined race or ethnicity where change is trying to be deduced. An example

of this is if a White Male GC retired in 2019 and an Asian American Female GC was named has his successor. This event

qualifies as an opportunity for change for 2 scenarios; (1) from White to underrepresented racial/ethnic group and (2)

from male to female. Unknowns were also counted in this figure since a change to a known demographic could occur from

one year to the next or vice versa.

2 0 1 9 F O RT U N E 1 0 0 0 G C C H A N G E S

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Overall, in 2019, there were fifteen new African American/Black GCs added to the Fortune 1000, ten new Asian

Americans, and two new Hispanic/Latinx Americans. Additionally, there were 130 new male and 74 new female GCs

introduced in the past year. These numbers represent just those GCs that were new or newly listed to the position in

2019. It does not reflect the net change from 2018.

No. that Changed Opportunities for Change % that Changed

Changed to Male 52 92 57%

Changed to Female 58 177 33%

Changed to White 49 76 64%

Changed to Underrepresented racial/ethnic groups

27 198 14%

TA B L E 3 . I N D I V I D UA L G C C H A N G E S V E R S U S P R I O R Y E A R

In the past year, there were 784 General Counsel positions in the Fortune 1000 that did not see a change in position. For

those companies where change occurred, females had 177 opportunities based off recent vacancies to enter the Fortune

1000 as GCs. Thirty-three percent, or 58 GCs, of those positions were filled by women. Underrepresented racial/ethnic

groups were presented with 198 opportunities to fill the position of GC. In 2019, fourteen percent, or 27 GCs, were filled

by underrepresented racial/ethnic GCs.

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When analyzing the composition of the Fortune 1000 GCs, it’s natural to compare it to the overall population. Based on

the most recent US Census3 estimates (2018), White male GCs represent 59% of the total Fortune 1000 in 2019 while

White males represent just 30% of the U.S. population. This would imply an over-representation of 29%. When looking

at women and underrepresented racial/ethnic groups, the opposite is seen, women GCs represent 29% of the Fortune

1000 population while representing 51% of the U.S. population. Similarly, African American/Black GCs show 5.1%

representation versus 13% of the U.S. population, Asian American GCs show 4.3% representation versus 6% of the U.S.

population, and most disparagingly, Hispanic/Latinx American GCs show 2.1% representation versus 18.7% of the

U.S. population.

Another logical population for comparisons would be the active attorney4 population in the U.S., compiled by the

American Bar Association.5 Here a very different story is evident when looking at attorneys in the U.S., who primarily

represent the pool that a GC would come from. This population is closer to the general makeup of the Fortune 1000 GCs.

In 2019, males in general, both White and underrepresented racial/ethnic groups, represent 64% of all active attorneys.

Females, both White and underrepresented racial/ethnic groups, represent 36% of all active attorneys which is closer

to the 29% represented in the Fortune 1000 GC population. Observing the different racial and ethnic groups, we also

see percentages at or approaching the 2019 active attorney population; White GCs show 81.3% representation versus

85% of the active attorney population, African American/Black GCs show 5.1% representation versus 5% of the active

attorney population, Asian American GCs show 4.3% representation versus 2% of the active attorney population, and

Hispanic/Latinx American GCs show 2.1% representation versus 5% of the active attorney population.

2 0 1 9 F O RT U N E 1 0 0 0 G C S V E R S U S U. S . P O P U L AT I O N

A N D AC T I V E AT TO R N E Y P O P U L AT I O N

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To further investigate where change occurred within

the Fortune 1000, the companies were broken down

into eight broad industry subgroups: Technology,

Business Services, Consumer Services, Health Care,

CEM (Chemicals, Energy, and Materials), Industrial

Services, Transportation and Food. Industrial Services

had the highest female to male ratio at 0.53. However,

the highest number of female GCs is seen within the

Business Services industry where 64 women hold the GC

title. Transportation trailed all others with a low of 0.27

females to males, while the Food industry displayed the

lowest number of female GCs (12). The Food industry

was also the smallest industry category with a total of

48 companies.

The Health Care industry had the highest ratio of

underrepresented racial/ethnic GCs to White GCs at 0.23.

Two industries, Business Services and Consumer Services,

exhibited the highest number of underrepresented racial/

ethnic GCs at twenty-two each. The Food industry, which is

also the smallest industry subgroup, had the least number

of underrepresented racial/ethnic GCs with only four

individuals. They also had the lowest ratio, slightly behind

CEM, at 0.09.

White female GCs saw a promising trend across all but

one subgroup. They increased their representation in

each of them except for the Industrial Services industry

where they declined by two GCs. The industry that saw

the most growth was CEM which jumped from 44 to 48

White female GCs. African American/Black males also

enjoyed a substantial increase in the CEM industry. They

increased 100% from 3 to 6 GCs. In the past few years,

there has only been one Hispanic/Latinx American female

GC within the Consumer Services industry. However,

2019 saw two new Hispanic/Latinx American female GCs

added to the Consumer Services industry, raising their

total number to three within that industry. Looking at

Asian American GCs, their numbers increased the most

within the Technology industry which saw a rise in both

male (+3) and female (+1) Asian American GCs.

TechnologyBusiness Services

Consumer Services

Health Care CEMIndustrial Services

Transportation Food Totals

Male 96 162 124 45 134 51 51 34 697

Female 34 64 60 20 59 27 14 12 290

Industry Totals

130 226 184 65 193 78 65 46 987

TA B L E 4 . F O RT U N E 1 0 0 0 G C S B Y I N D U S T R Y (G E N D E R )

2 0 1 9 F O RT U N E 1 0 0 0 G C B Y I N D U S T R Y A N A LY S I S

TechnologyBusiness Services

Consumer Services

Health Care

CEMIndustrial Services

Transportation Food Totals

White 109 194 144 52 162 58 53 41 813

African American/

Black6 7 7 4 12 6 7 2 51

Asian 8 9 11 4 3 4 2 2 43

Hispanic/Latinx

2 6 4 4 1 2 2 0 21

Industry Totals

125 216 166 64 178 70 64 45 928

TA B L E 5 . F O RT U N E 1 0 0 0 G C S B Y I N D U S T R Y ( U N D E R R E P R E S E N T E D R AC I A L / E T H N I C G RO U P S )

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A lot has changed since 2016. As companies come and go, merge, and bring in new General Counsels, the composition

of GCs within the Fortune 1000 changes as well. Over these past four years, holding the companies from 2019

constant, there have been 534 consistent GCs. Of those, 24% or 127 GCs were female. The greatest share seen by a

underrepresented racial/ethnic group overall is held by the African American/Black community with 25 consistent GCs

over the past four years. The Consumer Services industry held the most underrepresented racial/ethnic GCs with 16 GCs

maintaining their position.

That leaves 436 positions where an opportunity for change was possible from 2016 to 2019. White GCs were able to

capitalize more frequently than any other group when there was an opportunity for change, displaying a success rate

of 82% when a underrepresented racial/ethnic/Unknown GC was the incumbent. It is important to note that a majority

of those that changed were Unknown or the company was not present in 2016. The Health Care industry exhibited the

highest opportunity success rate for White GCs at 94%. Female to Male GCs showed the second highest opportunity

success rate at 64%. The demographic with the lowest opportunity success rate were underrepresented racial/ethnic

groups, winning the position just 12% of the time. Industry-wise, Business Services saw just 9.8% of those “opportunities

for change” actually changing.

There is still a long way to go before Fortune 1000 GCs are representative of the US population. Nevertheless, the

presented statistics regarding the Fortune 1000 GCs and their composition portrays a story of positive progress but

missed opportunities. Incremental progress towards better representation of gender and underrepresented racial/ethnic

groups is occurring, evident by a composition approaching the general active attorney population and the increasing

numbers within each demographic. However, when opportunities arise, it can still be seen that Male GCs and White GCs

are more likely to be chosen.

Going forward, the rate of change will only increase if female and underrepresented racial/ethnic GCs are able to exhibit

higher success rates when opportunities for change present themselves. Hope for the future comes with representation

continuing to equalize in the active attorney population resulting in both female and underrepresented racial/ethnic

attorney numbers increasing. Due to the gradually increasing pool of potential underrepresented racial/ethnic and

women GCs, those that win potential GC opportunities each year should start to change as well. And as expressed in

previous editions of this survey, once a woman or underrepresented racial/ethnic attorney is elevated into the General

Counsel position, the pool from which their successor comes from becomes more diversified as well.

F O RT U N E 1 0 0 0 G C C H A N G E S S I N C E 2 0 1 6

C O N C L U S I O N

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TechnologyBusiness Services

Consumer Services

Health Care CEMIndustrial Services

Transportation FoodGenderTotals

Male 60 89 76 23 84 24 30 21 407

Female 12 31 26 12 22 12 6 5 126

Industry Totals

72 120 102 35 106 37 36 26 534

TA B L E 6 . F O RT U N E 1 0 0 0 G C S M A I N TA I N I N G T H E I R P O S I T I O N F RO M 2 0 1 6 - 2 0 1 9 (G E N D E R )

TechnologyBusiness Services

Consumer Services

Health Care

CEMIndustrial Services

Transportation FoodEthnicTotals

White 64 113 86 29 100 30 30 24 475

African American/

Black4 4 5 2 4 2 4 0 25

Asian 2 1 7 3 1 2 0 1 17

Hispanic/Latinx

2 2 4 1 1 3 2 1 16

Industry Totals

72 120 102 35 106 37 36 26 533

TA B L E 7 . F O RT U N E 1 0 0 0 G C S M A I N TA I N I N G T H E I R P O S I T I O N F RO M 2 0 1 6 - 2 0 1 9 ( U N D E R R E P R E S E N T E D R AC I A L / E T H N I C G RO U P S )

Additional Tables:

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No. that Changed Opportunities for Change % that Changed

Changed to Male 42/60 60 70%

Changed to Female 28/102 102 27%

Changed to White 49/61 61 80%

Changed to Underrepresented racial/ethnic group

10/102 102 10%

No. that Changed Opportunities for Change % that Changed

Changed to Male 28/50 50 56%

Changed to Female 20/65 65 31%

Changed to White 27/37 37 73%

Changed to Underrepresented racial/ethnic group

8/80 80 10%

No. that Changed Opportunities for Change % that Changed

Changed to Male 13/16 16 81%

Changed to Female 9/29 29 31%

Changed to White 15/16 16 94%

Changed to Underrepresented racial/ethnic group

3/29 29 10%

B U S I N E S S S E R V I C E S

C O N S U M E R S E R V I C E S

H E A LT H C A R E

No. that Changed Opportunities for Change % that Changed

Changed to Male 14/25 25 56%

Changed to Female 15/47 47 32%

Changed to White 19/22 22 86%

Changed to Underrepresented racial/ethnic group

6/53 53 11%

T E C H N O LO G Y

T H E F O L LO W I N G A R E I N D U S T R Y S P E C I F I C TA B L E S :

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No. that Changed Opportunities for Change % that Changed

Changed to Male 16/25 25 64%

Changed to Female 13/36 36 36%

Changed to White 18/23 23 78%

Changed to Underrepresented racial/ethnic group

6/40 40 15%

No. that Changed Opportunities for Change % that Changed

Changed to Male 9/13 13 69%

Changed to Female 6/25 25 24%

Changed to White 8/9 9 88%

Changed to Underrepresented racial/ethnic group

5/29 29 17%

No. that Changed Opportunities for Change % that Changed

Changed to Male 7/10 10 70%

Changed to Female 5/17 17 29%

Changed to White 6/8 8 75%

Changed to Underrepresented racial/ethnic group

2/19 19 11%

I N D U S T R I A L S E R V I C E S

T R A N S P O RTAT I O N

F O O D

No. that Changed Opportunities for Change % that Changed

Changed to Male 26/52 52 50%

Changed to Female 26/70 70 37%

Changed to White 29/37 37 78%

Changed to Underrepresented racial/ethnic group

9/87 87 10%

C E M

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1. Shannah, Joel, “These are the Historic Firsts for Women, Minority, and LGBTQ Candidates in 2018.”

USA Today, Gannett Satellite Information Network, 7 Nov 2018.

2. Cohen, Rachel, et al, “116th Congress Breaks Records for Women, Minority Lawmakers.” The Hill, 9 Jan. 2019

3. Data Access and Dissemination Systems (DADS). “American FactFinder.” American FactFinder, 5 Oct. 2010,

factfinder.census.gov/.

4. Active Attorney refers to the American Bar Association Section of Legal Education and Admissions to the Bar – Part

2 (https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_

bar/council_reports_and_resolutions/20120201_legaled_model_rule_on_aom.pdf)

5. “Legal Profession Statistics.” American Bar Association, www.americanbar.org/about_the _aba/profession_statistics/

Citations