Bar Leaders Call to Action: Continue the Work of the Civil Rights Act of 1964

Sixty Years Later, DEI Advances the Ongoing Work of the Civil Rights Act of 1964

Bar Association Presidents From Across the Nation Call on Leaders to Double Down on DEI

As presidents of the nation’s largest diverse national bar associations, we invite general counsel, law firm managing partners, leaders of government and nonprofit legal services organizations, and law school deans to stand with us as we fight for justice and opportunity for all. Your support and partnership are even more critical now given the attacks on diversity, equity, and inclusion (DEI) from some segments of our country. As lawyers, we are guardians of the rule of law and leaders in our communities and in local, state, and federal government. For these reasons and more, we ask that you continue to be strong advocates for DEI in our profession. Our work and efforts can also support the importance of DEI more broadly.

Honoring the Legacy of the Civil Rights Act of 1964.
This year marks the 60th anniversary of the Civil Rights Act of 1964. This sweeping Act did more to bring us closer to our ideals, that we are all are created equal, than any other legislation in our history, and it set the groundwork for landmark legislation that followed it such as the Americans with Disabilities Act (ADA). Although many Americans today might take for granted the significance of passing this legislation, it was a hard- fought victory. Most of us recall Dr. Martin Luther King, Jr.’s address at the 1963 March on Washington for Jobs and Freedom. His reference to “the fierce urgency of now” was intended to push President Kennedy and Congress to move on the stalled legislation. When the legislation finally passed, close to thirty percent of the House of the Representatives and the Senate voted against it. It is not lost on us that many of the states now passing anti-DEI legislation also included the bulk of the Representatives and Senators who opposed the Civil Rights Act of 1964.

Progress Through Partnership
As a nation, we have made significant progress in the past 60 years because of the blood, sweat, and tears of those who have come before us. In the past and continuing to this day, there have been Americans of goodwill who believe that we are a better nation when all Americans can aspire to their highest ambitions, including becoming President of the United States.

DEI is Consistent with the Spirit of the Civil Rights Act of 1964 and Essential in Today’s Workplace
Although some claim that DEI initiatives are illegal or unconstitutional, the vast majority of DEI initiatives are designed to increase access and opportunity, while minimizing bias and barriers. The work is fully consistent with the spirit and intent of the Civil Rights Act of 1964. It also brings greater meritocracy to our workplaces. How can there be meritocracy in workplaces if there are insufficient efforts to recruit exceptional talent from all communities, or when there is unintended bias in our processes related to hiring, work assignments, and promotions, or when some people have greater access to formal and informal networks that result in greater opportunities? These are just some examples of issues that DEI efforts are designed to address. Again, the overwhelming majority of DEI efforts are not only legal, but essential in today’s workplace. This is why it is critical to stand firm on the importance of DEI and be strong advocates in your corporations, law firms, and universities.

Progress, but Much Work to Be Done

Although we have made progress, there is still much work to do. According to the US Census Bureau and 2023 Gallup polling, communities of color presently represent about 41% and LGBTQ+ people represent about 7.6% of the US population. Individuals with disabilities currently represent more than one in five Americans. But recent studies from the American Bar Association, Minority Corporate Counsel Association, and the National Association for Law Placement (NALP) show that people of color only account for about 21% of lawyers in the US, 15% of Fortune 1000 general counsels, and 12% of law firm partners; likewise, LGBTQ+ people only account for 4.6% of lawyers in the US, and 2.6% of law firm partners. Individuals with disabilities account for only 1.4% of the legal profession and 1.1% of law firm partners. Further, according to studies from the American Bar Association and NALP, women comprised almost 50% of law school classes in 2000, yet today, women comprise less than 28% of law firm partners. Looking at these numbers, it’s impossible to conclude that we’ve achieved the type of success that would warrant pulling back on our efforts simply because there is opposition. Those who came before us faced even greater opposition and hostility. We owe it to them and those who are coming behind us to keep working to ensure a fairer workplace and more just nation.

Allying Together for Greater Equality, Access, and Opportunity for All
Finally, there is an economic argument for supporting DEI. When all our communities do well, we have more people contributing to the economic growth and prosperity of our country. A rising tide lifts all boats. Whether our ancestors were this country’s indigenous people, or pilgrims on The Mayflower, or kidnapped Africans on slave ships, or freedom-searching immigrants arriving at Ellis Island or Angel Island, or any of the many others seeking refuge and a new life in a new land, we are all in the same boat now. We are all Americans. Our country is already one of the most diverse nations in the world, and it will continue to become even more diverse. And the exceptional achievements of our country, economically, militarily, and socially, are the result of people from all over the world who have come here and made this country home. As we move forward together, we can show the world what a pluralistic democracy can accomplish. Now is the time for leaders and people of goodwill to stand together for greater equality, access, and opportunity for all. Together we can ensure that America lives up to its ideals, where all people are created equal and have the opportunity to achieve the American dream.

Anna Mercado Clark

President

National Asian Pacific American Bar Association (NAPABA)

Wiley S. Adams

President

National Bar Association

Matthew Archer-Beck

President

National Native American Bar Association

Kristin L. Bauer

President

National Association of Women Lawyers

Bendita Cynthia Malakia

President

National LGBTQ+ Bar Association

Daniel Mateo

President

Hispanic National Bar Association

Ronza Othman

President

National Association of Blind Lawyers

Keerthi Sugumaran

President

South Asian Bar Association of North America

NAPABA, Asian Pacific American Bar Association of Tampa Bay, Greater Orlando Asian American Bar Association, and Jacksonville Asian American Bar Association Statement in Response to Elimination of DEI Initiatives for the Florida State Bar

For Immediate Release: 
Date: February 15, 2024
Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON -On January 30, 2024, the Florida State Bar confirmed following public reporting that the Florida Supreme Court eliminated all funding for the Bar’s diversity and inclusion initiatives in its next budget. This ends the existence of the Bar’s Diversity and Inclusion Committee. Created in 2010, the Committee’s mission was to advance diversity and inclusion within the state’s legal profession and administer, among other programs, the Voluntary Bar Association Diversity Leadership Grant, which supported “initiatives and programs which encourage diversity, diversity training and dialogue among lawyers in Florida.”

The National Asian Pacific American Bar Association (NAPABA), together with the Asian Pacific American Bar Association of Tampa Bay (APABA-TB), the Greater Orlando Asian American Bar Association (GOAABA), and the Jacksonville Asian American Bar Association (JAABA) express concern with the decision to discontinue funding and its adverse impact on essential work performed by the Florida State Bar. Regardless of this action, we remain steadfast in our collective mission to support the Asian Pacific American legal community, and we will continue to focus unrelentingly on advancing diversity and inclusion within the legal profession.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

IP Committee Hosts First “Dumplings & Discussion” Fireside Chat with Andy Yoo

On February 1, 2023, the IP Committee hosted its inaugural “Dumplings & Discussion” fireside chat series, with Andy Yoo, SVP & General Counsel at Savvas Learning Company as the guest. 

Over a sumptuous spread of dumplings and other Chinese dishes, Andy shared his insights on intellectual property in the education industry, reflected on his career path, discussed his responsibilities as General Counsel, and offered advice to young attorneys.   Andy also discussed how he leads his team, and his views on the importance of diversity, equity and inclusion (DEI).  The attendees were made up of in-house counsel attorneys in private practice and law students, and represented a wide range of experience levels. 

Andy talked about his start at a prominent law firm and his move in-house to a media company. His next in-house move was to another media company that was also prominent in producing educational materials, and his current company focuses on those products. Andy enjoys the variety of challenging work he does as an in-house counsel and noted that nearly a third of his work involves IP, because the company manages a portfolio of hundreds of trademarks and thousands of copyrighted materials.

Andy has been deeply involved with DEI as an in-house counsel and reflected on changes in DEI over the past three decades. Compared to when he started as an associate to present day, he has observed a shift from the legal profession barely talking about DEI to robust efforts driven by the corporate sector to increase DEI across the board. The change, noted Andy, “is like night and day.” Yet, Andy recognizes that much still needs to be done and laments that during times of economic downturn, corporate DEI budgets tend to shrink, leading to cycles of advancement and retreat that make lasting progress hard to maintain.

After the in-depth discussion and lively Q&A that followed, attendees continued to enjoy drinks and food in a networking reception. 

Thanks to Jeff Mok, Co-Chair of the IP Committee for moderating an insightful conversation, and to Fish & Richardson for being such gracious hosts. Thanks to Andy Yoo for sharing his time, experiences and knowledge with us.

Look out for the next IP Committee “Dumplings & Discussion” fireside chat. To learn more about the IP Committee, go to https://www.aabany.org/page/145.

AABANY Congratulates Margaret Ling on her New York State Bar Association Member Profile

AABANY congratulates Margaret Ling on her New York State Bar Association (NYSBA) member profile published on July 25, 2022. Focusing on her career path and the importance of promoting diversity, equity, and inclusion, the member profile speaks to the necessity of making progress against discrimination in the legal profession. 

Margaret noted that “women and people of color are [still] not making partner and leaving prestigious firms after 20 years of service.” Discussing her personal experiences with racism and sexism in the field, Margaret stated, “now I mentor young lawyers because there was no one there to help me. I tell them that you have to speak up for your work and fight to be recognized for it.” Read more here.

NYSBA was founded in 1876 and currently has a membership base of over 70,000 individuals, with its headquarters in Albany, NY.

Outside of her work for the NYSBA, Margaret Ling is also a former AABANY Board member, most recently serving as Director of Development. She is the founding Co-Chair of the AABANY Real Estate Committee and continues to co-chair it today. Upcoming events featuring AABANY’s Real Estate Committee include AABANY Real Estate Committee Presents: “Emoticons, Emojis, Smileys and Stickers” CLE on August 3, 2022, and AABANY Real Estate Committee Presents: “Representing Foreign Purchasers & Foreign Sellers” CLE on August 10, 2022.

AABANY Joins the New York Diversity Equity and Inclusion Neutral Directory

The Asian American Bar Association of New York together with the New York City Bar Association ADR Committee and the New York State  Bar Association Dispute Resolution Section and partner bar associations are committed to increasing the selection of ADR professionals from historically underrepresented communities. To promote this goal, the partnering bar associations have created the New York Diversity, Equity and Inclusion Neutral Directory (“NY DEI Neutral Directory).  

The directory is a list of ADR professionals who self-identify as a member of a historically underrepresented community including but not limited to: a person of color, a member of the LGBTQ+ community, as having a disability, or identify as a woman. Individuals seeking ADR professionals can search the directory alphabetically, by practice area, by language ability, and by other self-identifying characteristics. Individuals who wish to be included in the directory must be members of one of the partnering bar associations, and have filled out the Directory Questionnaire which is available here: https://bit.ly/3d1Nn3q Inclusion in this directory does not imply endorsement or recommendation by any organization

Directory Partners include the following bar associations: The Amistad Long Island Black Bar Association, Asian American Bar Association of New York, The Bar Association of Erie County, The Brehon Law Society, Caribbean Attorney Network, Dominican Bar Association, Hispanic National Bar Association, New York Chapter, LGBT Bar Association of New York, Macon B. Allen Black Bar Association, Metropolitan Black Bar Association, The Network of Bar Leaders, New York County Lawyers Association, Rochester Black Bar Association, South Asian Bar Association of New York, Puerto Rican Bar Association, Westchester Bar Association and the Women’s Bar Association of the State of New York.

The NY DEI Neutral Directory is available online here: https://bit.ly/3o7XOcf