Government lawyers Bar association

1. Government lawyers Bar association June 7, 2019 KJ WILLIAMS DIVERSITY PROGRAMS MANAGER

2. Implicit Bias and micro-aggressions Learning Objectives: • Create awareness surrounding the connection between implicit bias, micro-aggressions and the practice of law.

3. Working agreements Put relationships first Keep focused on the common goal Learning in public Listen and observe for understanding Authenticity – Be as HONEST as you possibly can Ask clarifying questions Experiment with suspending judgment/knowing as best you can Keep our discussions confidential when it is merited Invite humility while cultivating curiosity Stay with discomfort adapted from: Britt Gamble Associate Director for Multicultural Affairs Cornell University School of Industrial & Labor Relations

5. The Role of the Unconscious Mind • The human brain can take in 11 million pieces of information in any one moment • We’re only consciously aware of maybe 40 of these - at best. Brooks, David. The Social Animal: A Story of How Success Happens. http://www.guardian.co.uk/science/2011/may/08/david-brooks-key-to-success-interview

6. Infancy Parents Friends Media Positive or negative associations Strengthen over time  automatic Where Do Social Cognitions Come From? Schemas (a pattern of thought or behavior that organizes categories of information) that humans apply to human interactions and guide the way a person thinks about social categories.

8. Implicit Bias – What Is It? “Attitudes or stereotypes that affect our understanding, decisionmaking, and behavior, without our even realizing it.” From “Implicit Bias in the Courtroom” UCLA Law Review (2012), Jerry Kang et al

9. Reacting Before We Even Realize It Unconsciously making biased attitudes and behavior part of our nature that affects our decision-making, our impact on others and perception of ourselves.

10. IMPLICIT BIAS Implicit biases are pervasive.  Everyone possesses them, even people with avowed commitments to impartiality such as judges. Implicit and explicit biases are related but distinct mental constructs.  They are not mutually exclusive and may even reinforce each other. The implicit associations we hold do not necessarily align with our declared beliefs or even reflect stances we would explicitly endorse. We generally tend to hold implicit biases that favorour own ingroup, though research has shown that we can still hold implicit biases against our in-group. “The studies all point to bias as the major cause of these hidden barriers. Affinity bias, which causes people to develop deeper work and trust relationships with those who have similar identities, interests, and backgrounds, is the unseen and unacknowledged culprit.” – Kathleen Nalty Implicit biases are malleable.  Our brains are incredibly complex, and the implicit associations that we have formed can be mitigated through a variety of debiasing techniques.

11. Implicit Bias - Recap

12. The Connection

13. “…the most grievous of offensive mechanisms spewed at victims of racism and sexism are microaggressions. These are subtle, innocuous, preconscious, or unconscious degradations, and putdowns… Chester Pierce, MD, Harvard Psychiatrist

14. ‘‘Brief and commonplace daily verbal, behavioral, and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial, gender, sexual orientation and religious slights and insults to the target person or group” D.Sue Chester Pierce, MD, Harvard Psychiatrist Re-introduction of term “microaggressions” by D.W. Sue

15. Microaggression types Chipping away atlife…

16. MICRO-AGGRESSIONS • ‘‘Brief and commonplace daily verbal, behavioral, and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial, gender, sexual orientation and religious slights and insults to the target person or group” -Derald W. Sue • Micro-assault • Microinvalidation • Microinsult

17. Scientifically unsubstantiated • A case of excessive sensitivity or hostility of POC • Distracting attention from “real” racism • A product of a “victimhood” culture • An assault on free speech • A threat to democracy itself Backlash

18. Microaggressions are real, not a product of excessive sensitivity or hostility, and are contributing to massive health and death disparities

19. The internal Impact – Recipient lens Experiencing a microaggression may lead to the following intrusive cognitions • Did I interpret that correctly? • Did she say what I think she said? • What did he mean by that? • Should I say something? • Saying something may make it worse. • They’ll probably think I’m overreacting. • Speaking up is going to hurt more than it helps.

20. Psychological consequences Associated psychological impact • Anxiety • Depression • Sleep Difficulties • Diminished Confidence • Helplessness • Loss of Drive • Intrusive Cognitions (e.g., internal dilemma) • Diminished Cognition Banks, 2015; Murphy, 2012; Sue, 2010

21. Micro-aggressions - Recap

22. Reflection • Statements made by a potential white client during a “get to know you” meeting with you and your friend who is a Native American attorney. • “Whenever black people come to the beach I start saying ‘It got so dark over here’ and they never know what I’m talking about because they’re dumb. • “I’m probably such a racist, but a black man dressed as Santa is just wrong. • “Yeah, but you’re not that kind of Native. • Statements made by an older white male attorney during lunch with you. • “Schools shouldn’t offer free lunches to kids, since that means their parents just take advantage, and don’t bother trying to find jobs to support their kids. You see, if you give them handouts, these people don’t work. When I got out of high school, if you wanted to eat, you had to find a job. Nobody has any work ethic anymore.” • “If I can’t do the accent how can I say it the way they did? So white people can’t do accents now? That’s so not fair! • Statements made by a young, openly gay, attorney of color during lunch with you. • “She’s SO Bipolar, haha!” • “She’s been married for two weeks! When is she going to change her Facebook name to Mrs. Spearman? People are going to think she’s a feminist if she waits too long.” • “OMFG! It’s like ISIS beneath my floors! I’d rather watch an episode of Homeland. New neighbors moved in below us and I don’t feel safe at all. • What immediate feelings/thoughts come up for you? • If you decided to interrupt the dialogue; how would you do it? • What are the risks/benefits of addressing or not addressing these issues in the moment?

23. intersectionality GLOBAL ANTI-BLACKNESS

24. AdDressingmodel

25. It’s About the Action

26. Culture Shift

27. Sources Adapted From: • The Learning Forum • Micro-aggressions in Everyday Life – Derald W. Sue • Adapted from LGBTCC Interrupting OppresiveBehvaior PDF-- https://lgbt.wiscweb.wisc.edu/wp-content/uploads/sites/ • Britt Gamble Associate Director for Multicultural Affairs Cornell University School of Industrial & Labor Relations • Brooks, David. The Social Animal: A Story of How Success Happens. http://www.guardian.co.uk/science/2011/may/08/david-brooks-key-to-success-interview • From “Implicit Bias in the Courtroom” UCLA Law Review (2012), Jerry Kang et al • RisewithKJ, LLC