The State of Race and the Law CLE was co-hosted by the Family Law Section Diversity and Diversity in the Profession Committees on Oct. 27. Steven Chanenson – Professor and Faculty Director; Center for Ethics, Integrity and Compliance; Villanova University School of Law – moderated, highlighting the Pa.R.P.C. 8.4(g) controversy. In July, our state Supreme Court found that it is professional misconduct to knowingly engage in harassment or discrimination of a protected class.

Melissa Pang, Assistant General Counsel, The School District of Philadelphia, covered the 1960’s model minority myth stereotype describing Asian American success “as an example to argue that other communities of color didn’t need affirmative action or reparations because, if the Asian American community can be successful, these other groups don’t deserve special treatment.” The perpetual foreigner stereotype involves people who don’t see Asian Americans as Americans even though they’ve lived here for generations and grew up speaking English. “They’re seen as ‘other’ and often yelled at to go back to where they came from even if from the U.S.” And because Asians are often seen as monoliths, some people really don’t know how to tell them apart. “All these stereotypes shape the way Asian Americans are seen instead of seeing them as individuals and recognizing their vast differences.”

Randy Duque, Deputy Director, Philadelphia Commission on Human Relations, reviewed statistics showing an increase in recorded bias incidents. Many stories are shared via social media, which is important to create awareness. “If we know what’s going on, it can affect policy, reallocate resources or, in criminal situations, stop further acts. The more people know how to report and its importance, the more we can create this safety net so when hate occurs, it can be addressed.”

Will González, Executive Director, CEIBA, stated: “Racism is inefficient, costly and hurts everyone.” He highlighted the August census data showing significant growth in Asian American and Latino populations in the U.S. and Pennsylvania. As these populations continue to grow, they’ll form households at a higher pace than other demographic groups and increase spending power. “It’s requiring – for those who like it or not – a new understanding about what is and who is America.”

Timothy Welbeck, Assistant Professor and Instructional Director, Center for Anti-Racism Research, Temple University, covered the framing of various groups. “Much bias is implicit, based on casual inferences and assumptions. As for the state of race and the law, so much hinges on being able to see things and call them out for what they are, and to challenge biases and presumptions that could benefit some while denying others the same opportunities. We have to look closely at assumptions that the law is neutral; it’s not. It’s not applied evenly or neutrally, and that’s the challenge before us.”

Summaries included: “This moment is exciting and precarious – there is both promise and peril all around us.” (Chanenson)

“Allies stand up for marginalized people, usually in their presence. Advocates go a step further and speak up for marginalized people when they’re not in the room. Activists use their power to make change, instituting policies to minimize disparate impact on different races. All of these are great tools.” (Pang)

“Responding to hate and learning ways to intervene when it occurs are things we can do to address hidden biases.” (Duque)

“In this age of misinformation, we need to promote communication … the process of divide and conquer is why we’re in this situation. The more we talk, share and collaborate, the higher chance we have of moving forward.” (González)

“Where do we go from here … what can we do to change the way we see each other?” (Chanenson) “Our similarities are greater than our differences and at base level, we want the same things. Interacting with other people is one key to changing perception. As lawyers, we have the unique opportunity to offer zealous advocacy for those who are marginalized – that’s how we begin.” (Welbeck)

Reprinted with permission from the January 2022 edition of the Philadelphia Bar Reporter © 2022 Philadelphia Bar Association. All rights reserved. Further duplication without permission is prohibited (contact (215) 238-6300 or reporter@philabar.org).