42 Trial Lawyer • Spring 2024 and relationships with minimal effort. Conversely, individuals falling into the “other” and outside the in-group may encounter exclusion, requiring them to exert considerably more effort each time, often without real success in gaining acceptance. In social settings, out-group dynamics are easy to spot and feel. Reflect on a recent gathering of friends or family, and you may observe the formation of a smaller, close-knit circle — laughing, taking photos together or engaging in conversations that inadvertently exclude others from participating. People are often excluded without any effort to integrate them into the inner circle. This dynamic is something I frequently observe both within and outside the legal community, especially in small group gatherings where there is a combined social and professional objective. Two primary terms to evaluate inclusion through are: 1. Presence of microaggressions: referring to subtle expressions or acts that lack dignity and respect. 2. Presence of marginalization: involves words and actions that diminish one’s value. To truly foster inclusion in any environment, it entails the eradication of and absence of marginalization and microaggressions. Case in point In my earlier mention of Sarah’s encounters with tokenism, she also faced marginalization through attitudes and comments that materialized as subtle messages of invalidation, defined as microaggressions. Even after establishing her own practice, she continues to encounter these inquiries: • “Are you the court reporter for today?” • “Are you here to assist one of the attorneys?” These questions suggest a presumption that her appearance contradicts the expectation of possessing the intellect, aptitude or qualifications to be an attorney. It’s a form of marginalization that conveys an unconscious bias of inferiority of intellect, competence or capability. Marginalization can occur even in the absence of a microaggression. However, when a microaggression is present, it becomes a catalyst for marginalization. In another scenario, I met with “John,” an African American attorney who opened up about his experiences with marginalization. He faced unfounded doubts about his ability to litigate cases, in spite of consistently presenting well-researched case outlines. A colleague of John, possessing less experience but part of the in-group at the law firm, consistently would interject in meetings with comments such as, “Are you sure you comprehend the intricacies of this litigation?” “Perhaps it's best to let one of us manage the finer details.” Tactics that consistently cast seeds of doubt about his knowledge and competence discredited his ability and eventually diminished his influence. Despite bringing those cases to the firm, John was relegated to a support role, diluting his perceived value and recognition in the industry, which in turn, reduced his earnings and bonus compensation. Economic disparities Marginalization involves being relegated to a position of reduced influence, visibility or power within a social or professional context. Individuals may gradually find themselves on the outskirts due to subtle actions and behaviors. Irrespective of intent, this diminishes the significance of their contributions involving the silencing and devaluation of their worth, ultimately disempowering them. More importantly, it significantly affects their economic earnings and advancement, contributing to a perpetually widening generational economic gap. The journey to inclusivity Remember, removing marginalization is the metric of an inclusive setting. 1. Observe in-groups and out-groups in various life aspects, from family gatherings to social events, workplace interactions and even within leadership teams. 2. Identify signals of the “cool” and “unpopular” groups, including your own disposition in these dynamics. 3. Actively listen to verbal messages that dismiss, invalidate and minimize, paying attention to the words, actions and interactions that either divide or unify groups. 4. Stay acutely attuned to your impact on others and how you are influencing the overall dynamic in a particular setting. As humans, we coexist with the capacity to experience both being marginalized and being the marginalizer. By immersing yourself in this challenge, you’ll gain insights that might have previously escaped your notice. This heightened awareness will improve your ability to connect with a wider range of people that enriches you personally and elevates your aptitude professionally. Clarifying equity Equity is the least understood element of DEI. It’s the arena where the most subtle, yet pervasive forms of injustice exist, contributing to the primary cause of diversity underrepresentation. At the heart of equity lies a fundamental query: How does an individual attain the power that propels them economically and, once acquired, how do they wield that power to influence the economic earnings of others? An individual’s potential for advancement is quickly seen through the presence of in-group and out-group distinctions. Equity, a central and contentious aspect of DEI, dictates who is positioned for opportunities that directly impact economic earnings, stability and financial Building Tomorrow Continued from p 41
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