“How do you deal with racism?” What was just a few seconds, seemed like minutes as I tried to produce an answer to this question and at the same time tried to figure out what the point of the question was. Dozens of questions came to mind, some of which were, should I expect to deal with racism at this firm? Are they trying to see if I’ll cause problems for them if I do? Were they just trying to throw me off? It was February 2019, and I was about 40 minutes into the third interview with this Durham based law firm when the question was asked. It was a panel interview which consisted of four attorneys and the head of the human resources department. Four of the five panelists were white.

I finally looked up at them and said, “I’ve known from a young age that I’m not white, so I’ll deal with it the same way I have the last 27 years of my life. However, I would hope that if this occurred in my workplace that the firm I’m working for would support me and do what’s right, even if this meant losing a client.” That seemed good enough for them because they moved on, and we concluded the interview about 25 minutes later. I left that interview confused by that question, but brushed it aside reminding myself that it would be a good job opportunity that would open doors to other professional opportunities.

The next morning, I received a phone call from the attorney who would be my direct supervisor. He informed me that I was on speakerphone with him and the head of human resources. They were calling to offer me the position. Pleasantly surprised, I thanked them for the opportunity and told them that I looked forward to working out the details with them. I was about to end the call when the supervising attorney said, “Actually, we also wanted to talk to you about something else.” They then gave me more background information about the firm and how they serve the entire state of North Carolina, and because of this their clients come from a variety of backgrounds and beliefs. Thus, they were wondering if I ever went by another name or had a nickname that was easier to say than Josue.

Again, what was a few moments felt like minutes. As calmly as I could, I informed them that I did not go by anything else and that I had no problems teaching anyone how to properly say my name. Although they could not see my face, my tone must have let them know that I was doing my best to remain professional and not cause a scene (I did still want the higher paycheck). The supervising attorney quickly tried to explain that some prospective clients just have a hard time saying names, and that the firm noticed that clients were more likely to hire them if they felt more familiar with their attorney. He even went on to say that clients often mispronounced his name – insert generic white man name – so that’s why he went by an abbreviated version of it. The head of HR actually tried to suggest a different name for me. I corrected her and simply responded by letting them know that I would take the weekend to think about it. I didn’t end up working at that firm. Instead, I got another job offer to work for the NC Department of Public Safety where on my first day everyone made sure they were pronouncing my name correctly.

Our name is often the first thing that identifies us as who we are. For most, our name has a certain significance, meaning, or connection to our family history. Unfortunately, for many people in our community the hesitations, pauses, and confused looks have become familiar, and we immediately know that we’re probably the next person to be called.

Most would agree that names matter not just to the individual, but also the community because they serve as symbols of our entire identities. From pleasant memories to not liking a name because someone whose name that was annoyed you (or worse), this simple identifier can make you feel a wide range of emotions. So, if a name is so important, why do so many refuse to learn it? For some it is willful ignorance, and for others our white supremacy based society has simply made it a privilege and convenience.

It is easier for someone to simply say that a name is “too difficult” and assign that person a nickname or just completely not mention the name. This is a form of erasure and discrimination that many people, especially those of different ethnic backgrounds are familiar with. I grew up in East Los Angeles where, according to the U.S. Census Bureau, in 2020 over 95% of the population identified as Hispanic. Growing up, I never understood the concept of being a minority because everyone looked like me. Everything and everyone around me reminded of my heritage and taught me to be proud of where I come from. It wasn’t until I moved to North Carolina that I experienced my first labeling of “other.”

It was also here that I first met people of various backgrounds that shortened or completely changed their names to make it easier for others, primarily white people, to pronounce. In North Carolina, I entered a whole new world where people of color were taught to do their best to not stand out. In law school and as an attorney, I’ve continued to meet so many in our profession that feel like they must also follow this rule. In fact, studies have shown that the more a person “whitens” their name, the greater the likelihood is that they’ll get called back for an interview. This not only affects a person’s livelihood, but it also takes an emotional toll. You are constantly reminded that someone’s comfort with “whiteness,” is more important than who you are or what you can contribute.

As a profession we need to do better, and there is a lot we need to work on to create a more inclusive environment to attract and retain more diverse members. Ensuring everyone’s name is valued and pronounced correctly is a simple, but significant step that can help towards that goal. Homogeneity is not a place of growth. We need diversity to expand and improve in an increasingly globalized society. Everyone deserves to have their name pronounced correctly and if you don’t know, just ask.

For more information on this topic, here are some great articles, including a great children's book written in both English and Spanish.

1. Names That Are Unfamiliar to You Aren't "Hard," They're "Unpracticed"
2. Why Getting Someone’s Name Right Matters
3. The Importance of Getting Names Right
4. Honor A Person’s Heritage By Pronouncing Their Names Correctly
5. Yefferson, Actually

This post addresses micro-aggressions—the subtle instances of everyday bias that typically impact historically-marginalized groups.

Sometimes, we cannot foresee how or why certain words or actions we take might harm others. While overt discrimination is more clearly discernable, micro-aggressions are often so unintentional that even when we are confronted about our own behavior, we may not be able to recognize that our behavior was actually based on some implicit bias.

However, while we may not understand the effect of our behavior, the cumulative effect of micro-aggressions has a significant impact on others. Targets of micro-aggressions are disproportionately people of color, members of the LGBTQ+ community, and women.

A remarkable 64% of all women self-report as having experienced micro-aggressions in the workplace. Some of these examples are all too familiar: It is when, as young women, we must provide more evidence of our competence than our male counterparts. It is when someone asks to speak with the “attorney,” or mistakes us for the court reporter. It is when our idea is not lauded until it is re-stated by a man in the room.

Being “the only one” also increases the incidence of micro-aggressions. For example, 1 in 5 women report that they are often the only woman, or one of the only women, in the room at their workplace—in other words, they are “Onlys.” The numbers are twice as high for senior-level women and women in technical roles: 2 in 5 of these women are “Onlys.” Over 80% of women who are “Onlys” experience micro-aggressions.

Intersectionality, too, increases the incidence of micro-aggressions: for example, black women have a greater likelihood of experiencing micro-aggressions than do white women.

These numbers are staggering in comparison to just 7% of men who self-report as being the only man in the room. And, by and large, white men who are “Onlys” have a better experience than any other group of “Onlys”—meaning they are less likely to self-report micro-aggressions.

So, how do we combat micro-aggressions? First, we can tell others what negative effect their words or behavior have on us so that they can recognize this and learn from their missteps. But it is also imperative for bystanders to recognize the micro-aggression and speak up for those affected.

And, by the same token, when we are told that we have committed a micro-aggression, the best reaction is to not take this personally, recognize that even unintentional or subtle comments can be harmful, and learn from the incident. We combat micro-aggressions by confronting our own inherent biases.

Above all else, it is important to listen, think before we speak, and consider how our actions might be impacting those around us.

The past year-and-a-half, we have all experienced the effects of COVID-19 and the real life stressors and health concerns it brought overnight. Whether it was the rapid change from being in the office one day to trying to navigate your child’s Google Classroom the next day, all while simultaneously trying to remember your Zoom password for the impromptu virtual meeting at work. We all know that nothing about COVID-19 is normal, if anything it took the “normal” right out of our everyday lives. Not only was our normalcy interrupted, many lives have been lost and many of us have been left to deal with the effects of the pandemic alone. And with that the mental health of many were drastically affected, especially those of the younger generations, like Millennials and Generation Z.

Pre-pandemic Millennials were already suffering from mental health concerns, such as depression and anxiety at alarming rates, compared to other generations. Millennials have reported feeling paralyzed and that their mental health has significantly declined during the pandemic. During the start of the pandemic, a lot of older millennials were first time parents and experienced a lot of burnout and exhaustion from balancing online schooling, while still trying to balance working from home. Additionally, a lot of millennials reported that they spent a lot of time worrying about their parents getting the virus, which brought on more anxiety and stress.    

Money, too, has always been a concern for millennials. For most younger millennials, pre-pandemic, they were just getting ready to start their lives; whether it was that “dream job,” finally having enough money saved up to travel, or moving to a new city. Just when millennials thought they were finally starting to figure out their lives and get a routine going…BOOM, unprecedented pandemic. The pandemic not only put a pause on many life plans, it also caused additional financial stress, especially with COVID-19 related layoffs and hiring freezes. Millennials already face multiple financial challenges, such as student loan debt, the cost of healthcare, cost of childcare, and the increasing cost of living whether renting or owning.  All which in turn has a heavy toll on mental health of millennials. Anxiety has been on the rise in recent years amongst millennials and the pandemic has played a major role the spike of anxiety reported. Additionally, the pandemic also brought with it, “unprecedented uncertainty.”

But there is a silver lining, millennials are more aware of their mental health, more open to talking about it, and putting an identifier on the issue. Being open about mental health, helps to de-stigmatize the need to seek help or being viewed as weak.  Millennials have been called the “therapy generation,” while unfortunately, most cannot afford therapy, millennials are more likely to seek therapy than older generations. Both millennials and Gen Zs are advocating for themselves in the workplace, by demanding that more mental health resources are made assessable to employees. More work places are beginning to incorporate mental health days, unlimited PTO, and trainings in efforts to support mental health awareness. These incentives help with retention rates and an overall healthy work environments for employees. According to a report conducted by Mind Share Partners, Millennials and Gen Zs reported leaving their jobs due to mental health reasons, at a higher percentage than Baby Boomers. Which in a way can be seen as prioritizing ones mental health before a job, but that should not have to be the case. Everyone should be able to prioritize their mental health and work in environments that support that need.

We have learned so much within the past year (and are still learning). One lesson being the importance of mental health and the real life effects it has on younger generations. Mental health was an issue of concern pre-pandemic, during the pandemic, and will continue to be an area of concern post-pandemic. So for those who are not feeling OKAY, please be kind to yourself, know that you are not alone in this fight, and that it is okay to not be okay. Please see links below for mental health resources:

1. https://www.nimh.nih.gov/health/find-help/
2. https://www.cdc.gov/mentalhealth/tools-resources/individuals/index.htm
3. https://www.rtor.org/directory/mental-health-north-carolina/

LGBTQ+ Pride Month is celebrated each June to honor the impact that LGBTQ+ individuals have had on our society, to show support for the LGBTQ+ community, and to recognize the efforts of those working to achieve equal justice and opportunity for LGBTQ+ Americans.

Pride Month also commemorates the 1969 Stonewall uprising, which marked the beginning of a movement to end discriminatory laws and prejudice against LGBTQ+ individuals. At that time, homosexuality was criminally punishable in the United States and discrimination against LGBTQ+ individuals was widespread. In June 1969, patrons and supporters of the Stonewall Inn in New York City staged an uprising to resist the police harassment to which LGBTQ+ Americans were commonly subjected.

The Stonewall uprising catalyzed one of the swiftest civil rights movements of all time — today, support for same-sex marriage has reached an all-time high among nearly all demographic groups and numerous legal protections have been extended to LGBTQ+ Americans.

Workplaces, too, have recognized the benefits resulting from legislation and practices aimed at equality. Studies show that more diverse companies report superior client satisfaction and organizational decision making, leading to a virtuous cycle of increasing financial returns. Organizations with inclusive cultures are also consistently better able to attract top talent and retain employees. In addition, creating an LGBTQ+ inclusive environment increases employees’ job satisfaction and creates more positive relationships among employees, leading to improved ingenuity and productivity.

While rapid progress over a short period of time does not equate to victory, LGBTQ+ Pride Month celebrates this progress. This month, the WCBA YLD joins individuals, organizations, law firms and government authorities across the nation in celebrating LGBTQ+ Pride Month.

Juneteenth is a holiday that is celebrated annually on June 19 to commemorate the ending of slavery in the United States of America. Although the Emancipation Proclamation issued by President Abraham Lincoln stated that on January 1, 1863 all enslaved people would be free, this was not the case for all of the states, nor did this take effect immediately. It took some time following the issuance of the Emancipation Proclamation for the news that slavery was over to reach the state of Texas. On June 19, 1865, Union soldiers traveled to Galveston, Texas with news of the Emancipation Proclamation of 1863 to spread the word that slavery had been abolished and that enslaved people were now free. Formerly enslaved African Americans and Blacks were reunited with their families, relocated, started their own businesses, and opened schools.

The first Juneteenth celebration was held in Austin, Texas. Juneteenth has been informally celebrated over the last 150 years. Texas became the first state to declare Juneteenth a holiday in 1980. Juneteenth is celebrated and recognized in many different ways—including small to large gatherings, picnics, festivals, educational programs and parades. Juneteenth is a time for all races, ethnicities and cultures to come together to celebrate, promote, learn and appreciate African American history, culture, achievements and self-development, along with African American freedom. Some refer to Juneteenth as this country’s second independence day.

More cities and states across the country are starting to observe and recognize Juneteenth. However, the history and meaning of Juneteenth still remains unknown to many. The National Museum of African American History and Culture, located in Washington, D.C., is a great museum and resource to learn more about Juneteenth and the history of African Americans in the United States of America.

In 2007, North Carolina became the twenty-sixth state to recognize Juneteenth as a state holiday. Juneteenth is on Saturday, June 19 this year, with events happening all week and on Saturday. Please see the links below to see what Juneteenth events are happening in your area.

• https://spectacularmag.com/events/ncjuneteenth/

• https://www.townofcary.org/recreation-enjoyment/events/special-events/juneteenth

• https://www.eventbrite.com/e/raleigh-juneteenth-festival-tickets-149502707623

May is Asian American and Pacific Islander (AAPI) Heritage Month in the United States.  Thus, it is fitting to share the often-forgotten history of racism directed towards Asians and Asian Americans in the United States.

Asian immigrants have been coming to the United States for centuries.  But for much of this time, Asian Americans have faced racial discrimination:

• In the late 1860s, news organizations began “running editorials condemning Chinese immigration and attacking the Chinese as inferior and immoral,” resulting in a massacre of Chinese immigrants in Los Angeles at this time.
  
  
• In 1882, Congress passed the Chinese Exclusion Act, which restricted Chinese immigration for 60 years.In 1907, The United States and Japan entered into a “Gentleman’s Agreement” restricting Japanese immigration.In 1917, Congress declared India as part of the Pacific-Barred Zone of excluded Asian countries and halted all Indian immigration.By 1924, most Asian immigrants, including Chinese, Japanese, Korean, and Indian immigrants, were fully barred from immigrating to the United States, citizenship and naturalization rights, and prevented from marrying Caucasians and owning land.
  
  
• During and after World War II, approximately 112,000 Japanese and Japanese-American citizens were sent to internment camps.
  
  
• In 1946, Congress passed the Rescission Act which stated that Filipino veterans who served the United States in World War II were “not be deemed to be or to have been service in the military or national forces of the United States or any component thereof or any law of the United States conferring rights, privileges or benefits.”The Rescission Act is still in effect to this day.
  
  
• After the attacks on September 11, 2001, incidence of violence and hate crimes against South Asians, Sikh, Muslim and Arab Americans increased significantly.In the first six years after 9/11, the U.S. Justice Department investigated more than 800 incidents involving violence, threats, vandalism, and arson against persons perceived to be Muslim or Sikh, or of Arab, Middle Eastern, or South Asian origin.
  
  
• In recent months, there has been a resurgence of anti-Asian American sentiment.According to the Anti-Defamation League, former President Trump’s anti-China statements, such as rhetoric blaming China for the COVID-19 pandemic and referring to the coronavirus as the “China plague” or “kung flu,” resulted in an 85 percent increase in anti-Asian sentiment.The Center for the Study of Hate and Extremism reported a 150 percent surge in hate crimes against Asian Americans over the past year.Stop AAPI Hate, a coalition addressing anti-Asian hate amid the pandemic and incident reporting website, released a national report covering the March 2020–February 2021 period.According to the report, 3,795 hate incidents were reported to Stop AAPI Hate; a mere fraction of the number of anti-Asian hate incidents that have actually occurred during the past year.Chinese respondents equaled about 42.2 percent of the total number of people affected, with Korean (14.8 percent) and Vietnamese (8.5 percent) respondents following. Most discriminatory acts reported fall under verbal harassment/name calling (68.1 percent), avoidance/shunning (20.5 percent), and physical assault (11.1 percent).

In part because of the history or racism against Asians in the United States, Asian American lawyers have historically faced exclusion in the profession.  They continue to be significantly underrepresented in the legal profession.  Consider the following statistics from Harvard Law School’s Center on the Legal Profession:

• Since 2000, the number of Asian American lawyers has grown from 20,000 to 53,000.From 2003 to 2010, Asian Americans were the largest minority group attending law school, comprising 7 percent to 8 percent of total enrollment.That said, from 2009 to 2016, whereas total first-year enrollment declined by 28 percent, Asian American first-year enrollment declined by 43 percent, from 3,987 to 2,263.The Asian American share of first-year enrollment in 2016, at 6.1 percent, the lowest percentage of Asian-American enrollment since 1997.
  
  
• For nearly two decades, Asian Americans have been the largest minority group in major law firms.But they have the highest attrition rates and the lowest ratio of partners to associates among all groups.
  
  
• Many Asian American attorneys report experiencing inadequate access to mentors and contacts as a primary barrier to career advancement. Many Asian American attorneys also report implicit bias and stereotyped perceptions as obstacles to promotion and advancement. Among Asian American attorneys, women are more likely than men to report experiencing discrimination on the basis of race.
  
  
• Asian American attorneys experience mental health challenges at a higher rate than the legal profession as a whole.

What can you do to prevent racially-fueled hatred toward Asian Americans, and to include AAPI lawyers in the profession?

• Consider bystander training:For instance, Hollaback! is a people focused and empowered movement to end harassment against all marginalized people.It offers bystander intervention training, a form of conflict de-escalation that anyone can do using their 5D’s methodology: Distract, Delegate, Document, Delay, and Direct. The focus of bystander intervention training is to help the person being harassed by showing support and disrupting the harassment as it occurs, with the goal of reducing the risk of violence. Hollaback! offers free virtual bystander intervention training among other trainings that teach people how to respond to harassment. More information, including a calendar of upcoming trainings, is available here.

• Speak out against AAPI hate, and support legislation such as the COVID-19 Hate Crimes Bill, which was passed by the United States Senate in response to the disturbing recent attacks against members of the AAPI community.

• Legal employers can provide support to AAPI employees to combat feelings of isolation in light of recent hate crimes against Asian Americans.Especially after a year of social distancing, it is important to remind employees, and especially those who are minorities in the profession, that they belong.

If you are an AAPI attorney in the Triangle and are interested in joining a local affinity group for AAPI attorneys, we would love to have you!  Please email triangleAAPIlawyers@gmail.com.

Am I doing enough to keep my clients, my colleagues, and my family happy?

Often, it feels impossible to answer yes.  We have so many external pressures working against us, especially with the added layer of crazy that the COVID-19 pandemic has brought.  Additionally, many of us are dealing with internalized pressures, such as “imposter syndrome.”

First coined in 1978, imposter syndrome is a phenomenon where an individual doubts her own abilities and has an internalized fear of being exposed as a fraud.  It often affects high-achieving people who find it difficult to accept their own accomplishments.  An individual with imposter syndrome incorrectly attributes her success to luck and may believe she has deceived others into thinking she is more capable than she actually is.  Initially, psychologists believed that high-achieving women were the only victims of imposter syndrome, but studies since the 1970s show that men and women suffer equally from this phenomenon.

Imposter syndrome thrives in cultures that value individualism, overwork, and perfectionism.  It is in these types of environment where an attorney is more likely to question her own competence when she makes small mistakes.

Some critics of the concept of imposter syndrome have stated that labeling individuals as having the syndrome improperly shifts the blame to the individual. These critics would instead put the blame on societal and cultural aspects that have created the anxiety. They argue that employers, and not the employees, have the responsibility to create a space where every person feels that they are adequate and responsible for their own good accomplishments.

How can you, or your company, work toward reducing the effects of imposter syndrome? 

• Attorneys can work to become aware of their feelings of inadequacy and communicate them to others.In opening up to others, an attorney may realize that many other people feel the same way she does.The hope is, that in realizing that she is not alone, she will feel less anxious about her perceived shortcomings.
• Mentorship and sponsorship opportunities allows a young attorney to realize that she is not inadequate.Great mentors and sponsors will help build a young attorney’s confidence so that she can know that other people stand behind her.
• Employers can create a space of inclusivity—one where young attorney can see themselves thriving.Often, this includes increasing diversity and inclusion efforts, so that women and people of color are validated and included in the workplace.

By focusing on these aspects of an organization’s culture, we can reduce the experiences that culminate in imposter syndrome among employees from marginalized communities — or at the very least, help those employees channel healthy self-doubt into positive motivation, which is best fostered within a supportive work culture.