Feature |
Problem SolversThoughts on diversity education |
By Jaime M.W. Sanders |
A
PARABLE Many
years had passed, and some of the cousins decided it was time to let bygones
be bygones and invite all the cousins to Thanksgiving, which was held
on the ancestral farm owned by Aunt Cecily's descendants. Things were
a little awkward, of course. Some of the ruder boys taunted Aunt Ingrid's
descendants - but they made sure to do it out of hearing of the parents,
and the cousins who were the victims felt shamed and didn't like to complain.
When Aunt Ingrid's descendants tried to talk about their great-grandmother,
whom they had loved and were proud of, the hosts quickly changed the subject
- they had been taught that Aunt Ingrid was shameful - a taboo subject.
When Aunt Cecily's descendants talked about their great-grandmother, Aunt
Ingrid's descendants bit their tongues because it would have been rude
to point out that Aunt Cecily was a liar and a thief. So there was awkward
general conversation, and the evening ended with Aunt Cecily's descendants
feeling generous about letting 'poor Aunt Ingrid's' family attend,
(and a little hurt that they weren't more grateful), and Aunt Ingrid's
descendants feeling angry at the condescension of their hosts and the
insults to their children. THE
PARABLE APPLIED The
parable is inaccurate, however, in that the 'party' we are dealing
with is not an optional family Thanksgiving celebration, but the exclusive
means of justice in our society. In May 1994, the Oregon Judicial Department
published the 'Report of the Oregon Supreme Court Task Force on Racial/Ethnic
Issues in the Judicial System.' The finding of the study was: 'While
overt, intended discrimination against minorities by nonminority judges,
prosecutors, lawyers and court staff is not common, strong evidence demonstrates
that racial minorities are at a disadvantage in virtually all aspects
of the Oregon court system.' (Task Force Report, p. 2). It did not
find that the disadvantages facing racial minorities were the result of
conscious bias. The report agreed with both writers to the Bulletin
that by and large lawyers have learned to not consciously discriminate
on the basis of race:
But
the report also found wide ignorance by non-minorities of the basic realities
of minority experience and culture. And it found unrecognized racial stereotypes
affecting decisions. And it found that because the vast majority of lawyers
and court personnel are non-minorities, this ignorance and stereotyping
created results that 'should dismay all persons dedicated to the
concept of equal justice for all.' (Task Force Report, p.3). The
report concluded that the task of creating equal justice required that
non-minorities assume responsibility for being part of the solution:
This
requires non-minorities to recognize what minorities already know - that
minority lawyers are the subject of racial discrimination in Oregon, and
that although the party is open to all, not everyone is treated as an
honored guest. Recognition
is painful for non-minorities. It requires examining the habits and attitudes
learned as children, and maybe recognizing that our Grandmother Cecily
lied to us. What is the objective? Is it just to encourage chronic complainers
or to force us into 'political correctness?' No, it is to turn
us from being co-creators of the problem to being problem-solvers. That
requires not the lip service of 'political correctness,' but
an active search for truth and vision. That challenges us to recognize
both that gender, race and the rest of the litany don't make any difference
in ability and that they nevertheless make a difference in the present
workplace. It challenges us to examine whether we really are as color-blind
in our hiring and promotion decisions as we think we are, or whether our
racial blinders are affecting our perception of the job or of the individuals
doing or seeking the job. It challenges us to create a workplace and a
judicial system of true equality. 'The goal is to achieve a heterogeneous
culture, one in which racial prejudice and bias, overt or covert, intended
or unintended, no longer exists. How can this be achieved? By education,
education and more education.' (Task Force Report, p. 21) In promulgating the new MCLE requirement, the Oregon Supreme Court took one big step toward encouraging dialogue and education. (The new MCLE requirement was described in an article by Sylvia Stevens in the May 2001 Bulletin). The rest is up to all of us, the members of this bar. We have a choice. We can sign up for the minimum course to get MCLE credit, sit with closed ears and closed mouth, and afterwards complain to friends about the 'politically correct BS.' Or we can listen, share and learn. We can each bring our life experience and knowledge actively to bear on the issue of race. The members of this bar are a group of smart problem-solvers. Imagine the difference we could make if we each take responsibility for making this party truly open and belonging to all. + |
ABOUT
THIS ARTICLE The Understanding
Racism Foundation sponsors discussions of racial issues. Small groups
meet with volunteer facilitators once a week for six weeks. The curriculum
includes some assigned reading and reports on reading done outside of
class. All viewpoints are welcome. The class is qualified for the new
MCLE credit, but the foundation is not here to 'train' participants
into political correctness. Volunteers help participants talk about a
subject - race - that we have mostly been taught to be silent about; to
encourage people to open their own eyes and ears. The foundation welcomes
your participation in the dialogue. The members of the board of directors of the Understanding Racism are Justice Edwin Peterson, Hon. Cynthia D. Carlson, Duane Bosworth, Ken Boddie, Roger Luedtke, Chris Lundberg, Lili Olberding, Joseph A. Pugh, Joseph M. Quinones and Jaime Sanders. For information about classes, contact Mary Dail, director, Understanding Racism Foundation, P.O. Box 1089, Portland, Ore. 97207-1089; phone: (503) 274-1747; or e-mail: understandracism@qwest.net. -Jaime Sanders |
ABOUT THE AUTHOR
Jaime M.W. Sanders practices tax law as a member of Stoel Rives and learns about race and society as a member of the Understanding Racism Foundation.