Diversity in advertising lawsuit time!

“Do you have to talk about race issues again? Can’t you just post another Wendy’s spot?” Yes, and maybe later.

I saw on Multicult and AdAge.com that Cyrus Mehri is creating the Madison Avenue Project, likely the initial steps towards a class-action lawsuit, approximately six months after he first heard about the industry’s diversity efforts. While I thought that this might be a way to go, similar to his efforts with the NFL and its efforts to promote more diversity among coaches through legal channels, I also wondered how much improvement in executive ranks there’s been in the league? (Judge for yourself but it looks like women in general across all pro sports still fare better than minorities.)

Rather, I suggested to those in attendance that night that while going after agencies might get their attention—after all, who doesn’t love a subpoena!—another possibility might be to go after brands* themselves and put pressure on them to only use agencies who’ve made real progress.

Based on the brands I’ve worked with, Fortune 100 or local mom and pop, I’ve seen far more diversity there than in agencies. Likely because they’ve already gone through this scrutiny and have hiring/diversity initiatives in place. More importantly, agencies jump when the client barks. The thought of a brand taking flack because its agency isn’t doing all it can might be enough of a motivator for larger agencies who fear losing major clients, especially in this economic climate.

Still, does a move like this matter, or is it actually an opportune time to force the issue with a lawsuit? I think this is a weird time in the industry in general, almost a semi-Perfect Storm forming with several issues converging:

1) Economy. I understand the point that with recent mass firings, hiring anyone now let alone minorities is difficult as costs are being slashed across the board. (Face it, this industry doesn’t care about the hundreds of white vets or juniors it just let go—why would they care about minorities?)

2) Traditional vs. digital. Large agencies are still coming to grips with how they’ll transition to the digital space and staffing accordingly. Do they acquire an all-digital shop or do they build one in-house with people other than freelancers? Smaller shops who are already digital are making headway when it comes to a larger piece of the client work, even though clients still have this thing for their BDA. They want to know a full team of account execs and creatives along with 20 interns are waiting on the other end of the line to do their bidding. Speaking of...

3) Is smaller better? This may seem pollyannish, but smaller shops have been more diverse in my experience. Not significantly, but enough. Instead of going after larger agencies in this case, look at the smaller ones doing it right, majority African American-owned or not, and allow them a seat at the table when it comes to getting a shot at major brand work.

If hiring quotas for employees in agencies turn people off, then try a quota on which agency gets a shot at what project. Open up RFPs to any agency, anywhere and let the creative speak for itself. Just how long will brands be allowed to have their main agency come up with all the creative and then pass it on to the ‘multi-cultural’ shop to ‘urbanize’ it with appropriate ghetto cred?

Word.

The industry can’t say it didn’t have a chance to do something sooner, like, three years and six months sooner, (let alone decades). Some may have improved, but you can’t deny that a LOT of shops are decidely white. And yes, I also see the dilemma of trying to move past the issue of race while having to bring up... the issue of race.

But nothing else has worked, has it? Yes creative should be the only standard we go by, but I have a hard time buying that when white rappers at a Taco Bell drive-up ripped off from black rappers in YouTube clips who did it first are the best we can do for brands. An industry that prides itself on being at the forefront of cultural trends and optimistic logos can do better. Maybe less living in the past and the glory days of Mad Men.

What do you think? (Realizing this topic will bug some people, comment anonymously if you want.)


*Yes, I realize this attitude makes me look like I come from Advertising’s Department of Internal Affairs, but, so what. I still side with agencies because as messed up as some may be, there are a lot which aren’t. How’s that for a blanket statement?