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14 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | W I N T E R 2 0 2 4 opportunity, and fear should not be the basis for drawing false conclusions. The insights revealed may be uncomfortable, but accurate data and careful analysis allow one to be accountable to facts rather than reactive to popular trends. IMPROVE DATA QUALITY: ENCOURAGE PARTICIPATION AND MANAGE EXPECTATIONS If the diagnostic data reveals opportunities to improve, it then becomes critical to understand what data you can collect and measure for any proposed DEI initiatives. When considering what data to use, organizations should be mindful of their ability to collect from an adequate sample size. Suppose a company decides to address gender disparities in leadership positions. However, the data they use to inform their decisions about the issue is collected from a small, unrepresentative sample of leadership staff. In that case, conclusions from the limited dataset will be skewed accordingly. endeavors: (1) does the organization need to address aspects of DEI, and (2) how do they want to approach advancing DEI improvements on an organizational level? Thoughtful and intentional data collection and analysis are critical for decision-making in every successful law firm or legal department. DEI efforts benefit from the same data-driven decision-making process and approach. THE ROLE OF DATA IN DEI: A CLOSER LOOK DEI initiatives aim to create more inclusive environments, promote fairness, and ensure that individuals from different backgrounds are represented and supported. However, the success of these initiatives hinges on an accurate understanding of the current landscape, assessed through data collection. Those who believe DEI efforts in their organization are counterproductive or unnecessary may be correct. It is also possible that their DEI avoidance is rooted in a more profound psychological cause known as the "fear of finding out" (FOFO). This phrase, commonly used in the medical context, references the psychological barrier to learning information due to anxiety about what someone may learn. For example, during the pandemic, FOFO contributed to some people refusing to take COVID-19 tests, thus leading to the false conclusion that those individuals never had COVID. The fear of receiving a positive result was understandable, given possible consequences like isolation, quarantining, and missing significant personal, family, or professional events and celebrations. But there are also consequences to refusing diagnoses. Undertaking the work of collecting and analyzing this data is essential for those with a genuine interest in improving outcomes. Missed data is a missed

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