Whether and how an individual student or lawyer addresses discrimination and harassment s a complicated decision with many systemic and personal factors. While there are coalitions, benchers, activist groups, and others attempting to address discrimination and harassment at a systemic level, it is important to also have resources to understand options for individuals.

Your response is your choice

Choosing not to file a complaint, respond, or engage further after experiencing discrimination and/or harassment is an acceptable and, often, practical response. This might be because students or lawyers feel as though there is not a meaningful way to speak out, that safety cannot be guaranteed, that the economic risk is too high, exhaustion, or many other reasons. That does not make it a ‘bad’ decision. Your response is your choice.

The student is also not responsible for making discrimination and/or harassment stop. In an externship context, there are several people who might be approached to address the situation. Many of these positions have been addressed earlier but are worth repeating here:

• an onsite Human Resources manager at the firm/clinic/NGO
• the Director
• the Academic Supervisor or Director
• a human rights or equity officer at the law school and/or university
• a mental health professional or career coach
• community members, fellow survivors, allies

Allyship

Allyship is when an individual takes action to positively impact underrepresented individuals including racially and ethnically diverse, disabled, female and/or LGBTQ+ persons. Allyship can become particularly important when a person with privilege can have an impact on either an individual or structural level in a way that benefits people who might not be in a position to effect change.

The urgency of allyship is effectively captured by Camille Nelson in “Out of Sync: Reflections on the Culture of Diversity in Private Practice” (1999) 19(1) Canadian Woman Studies 199.

“Even when there were numerous White witnesses to racist conduct or comments, my experience in practice revealed a tendency of even “sympathetic” Whites towards silence or the easy route of “after the fact support.” I can recall numerous instances when partners and associates came into my office, closed the door and asked in exasperation “I cannot believe (s)he just said that!” or “you handled that well-I was just so mad I couldn’t say anything.. . .” While there were numerous “conscious” or sympathetic White lawyers in my firm and in practice generally, few were willing to openly address racism in the heat of the moment. Their refusal to acknowledge the larger institutional pervasiveness of racism often left me feeling more alone and vulnerable.”

Allyship can be effective, but it can also involve speaking for a group and inserting one’s own views rather than supporting colleagues and communities to voice their own.

As Nova Reid writes for The Guardian in “No more white saviours, thanks: how to be a true anti-racist ally” (Sept 19 2021) The Guardian, online: https://www.theguardian.com/world/2021/sep/19/no-more-white-saviours-thanks-how-to-be-a-true-anti-racist-ally?utm_source=pocket-newtab:

Allyship without “speaking for” might look like the following:

1. Learning: it is important to learn one’s own existing, unconscious biases alongside the issues are that are faced by colleagues. Active listening without making judgement is important to appreciate various perspectives.
2. Take action: Learning is a continuous process. There are many ways to take action, but that action should be a) informed by those with lived experience, and, b) done with the consent of impacted colleagues.
3. Use power: As lawyers mature in the profession, there are increasing numbers of opportunities to use power in order to ensure equitable distribution of work, increase cultural competence, and effect structural change. Concrete action can include: ensuring there are clear, actionable discrimination and harassment policies alongside clear ways to file complaints, hire a diverse workforce, provide training for everyone on issues of equity and inclusion.
4. Maintain confidentiality: If you are in a position of trust vis-a-vis a colleague, take care to understand what is public information and what is private. Sometimes a colleague might wish to vent without taking further action. Breaking confidence might make it difficult for others to come forward and share their experiences.