ictoria Pynchon
Apr 25, 2014 8:12 AM CDT
Yes, the comments here and at Above the Law (where they run directly from denial of bias to express, overt, actual racism) are telling. I sat on a diversity committee for an international legal organization that was populated primarily by white male CEOs and General Counsel, though also by women and minorities in that group. At some point in every meeting, someone would question the existence or effect of bias (in a part of the profession that is 80-90% white male) and we’d spend the rest of the meeting on that topic. I finally suggested that the diversity committee hire a diversity trainer. Even after that exercise, our discussions inevitably devolved into discussions of the existence of bias. So I finally quit.
I have a friend who was an in-house lawyer at a major petroleum company. He is black and he tired of being the guy on the diversity panel. So he quit talking on diversity panels.. He went back to his company, called his primarily white male lawyer contacts at AmLaw firms and said, “send me resumes of Black lawyers who have the same credentials you do. AMAZING! Suddenly, he was able to find Black lawyers to hire.
The firm that conducted this study, also conducted a more telling one if you go to the source report. A group of partners in a single law firm where minorities were consistently getting worse reviews than their while male and female partners, hired Nextions to see whether the problem was with the reviewers or the minority lawyers. The lawyers (summer associates actually) submitted memos to the committee blind. When rated without reference to race or gender, BOTH the minorities AND the women fared better than they had when their work was evaluated by partners who knew who they were and the white men’s work was evaluated less favorably when read by a committee that didn’t know their work was the work of white men. And, yes, we all carry these biases, women v. women, blacks v. blacks.
Did affirmative action cause 400 years of slavery? Jim Crow laws in the South? Segregation in the North?
Listen. We favor our own AND we favor the people the culture favors. These two combined effects result in unconscious bias against “out” groups and minorities/women continue to be “out” groups in our legal culture. Scores of rigorous social science studies prove this without doubt. So pick away at this study all you want. Just ask yourself, WHY AM I DOING THAT? Does it threaten me because I see myself as being unbiased?
We all have an obligation to create a justice system that is fair for all and a justice system that does not reflect the people who it judges has, at a minimum, the appearance of impropriety. Let’s do something about it instead of spending endless hours explaining away the elephant in America’s living room.