the war against attorneys of color
By Brittany Gail Thomas, Esq.
In these unprecedented times, the world continues to spin on its axis while our nation seems to be stuck in time. Time, as we know it, moves on but it feels like we're stuck in a bizarre trance. Living in a bad dream. COVID-19 is in the air, hundreds of thousands have lost their lives, and yet more madness continues to evolve around us. The economy is in a downward spiral and an election looms over our heads as we hold our breath wishing for the best, hoping for a change, and praying that what we’ve experienced in these days, months, and years doesn’t continue one second longer.
On top of that black and brown people alike are being killed in the streets. Killed for what appears to be something that really turns out to be nothing. As a result, social unrest keeps erupting all over the nation. People ready to implode. Fannie Lou Hamer said she was “sick and tired of being sick and tired” and all we keep hearing is “I can’t breathe.” Strange fruit less often hung from trees but now the noose has been replaced by a gun, a chokehold, and even a knee. Idle hands remain motionless and eyes intently watching as time just keeps on ticking. As the lives of young men and women of color are being snuffed out from this world by reckless decisions and wanton actions. As if the list wasn’t long enough, the list continues to go on and on.
Can’t drive. Can’t ride. Can’t walk. Can’t jog. Can’t sleep. Can’t watch. Can’t assist. Can’t be. Can’t do anything. People shoved into cages. Families separated. Children lost. Racial slurs hurled at innocent bystanders due to misplaced anger and ignorance. People of color are left in limbo and shaken by the turbulence. Afraid to just be. In the midst of it all, the political structure reinforces exactly why the story of racial injustice stays on repeat. Racist groups and domestic terrorists are told to “stand back and stand-by” by the one who is supposed to represent us all. Meanwhile, murders go uncharged, without indictment, receive minimal bails, and walk away freely. Innocent men and women left in jail cells and their color a commonality.
Then to add salt to badly opened wounds, diversity and inclusion trainings came to a screeching halt this September. By executive order, federal agencies, military, government contractors, and grant recipients, including universities and nonprofits, are to no longer conduct diversity trainings. Deemed to be “un-American” and “divisive,” any violations of this order would result in suspended or canceled contracts and other adverse consequences. Ultimately, deeming that such trainings are “rooted in the pernicious and false belief that America is an irredeemably racist and sexist country.”(1)
In the underbelly of the legal profession are the attorneys of color both present and future who navigate the law that is supposed to provide justice for all and their own personal experiences with racism and discrimination with it. The isolation and ostracism creates a greater gap between themselves and the future they seek. The truth is so easily known to us through personal knowledge and experience. We are the experts in navigating our racial and professional identities in a world that prefers we not discuss it and fails to support us through it.
As we ebb and flow through law school and our careers as attorneys, the challenges become harder and the climb to greatness becomes even steeper. In addition to not seeing many people who look like us teaching or even sitting in the classroom, we lack the support and resources to not only sustain ourselves in the legal community but to thrive in it. A 2019 study noted that of the attorneys surveyed only 4.6% were Black attorneys; 3.8% identified themselves as Latino/a/x; and 2.9% indicated that they were Asian. The numbers are nearly non-existent for Native American and Pacific Islanders.(2) Furthermore, 70% of women/womxn minority leaders report leaving or considering leaving the legal profession altogether.(3), (4) The impact of these facts are palpable. But the world forges on.
As a Supreme Court justice takes her place in the highest court of the land with minimal experience and questionable decision making, we are still questioning our place in the legal world and the halls of “justice.”
If in the eyes of the law calling an employee the nword doesn’t constitute
a hostile work environment, what place is there for me?
We understand that we have to work harder and longer to even be deemed marginally good enough. Once we arrive, we are plagued by gaslighting and tokenism that only undermines the hard work and grit to make it to this very point. Meanwhile, the rose-colored glasses of the post-racial America ideology still falls flat. While living in a nation where everyone is colorblind and there’s liberty and justice for all sounds good, we know the facts. We cannot wear those same rose-colored glasses. For our eyes are open and we cannot help but see.
The support we need, as we fight for a justice that is meant for you and me, starts with community. A community that educates, enhances, and empowers us. A community that trains us to advocate zealously, maximize our diversity, and overcome adversity in and out of the courtroom. A community that empowers us so we can empower our communities. A community where we can thrive. A community that celebrates and honors you.
Join the movement. THE COLOR OF EXCELLENCE.
Brittany Gail Thomas, Esq. (BGT) is the Founder & Chief Executive Officer of The Color of Excellence. To learn more about and contact BGT, click here.