NAPABA Statement on the Yale Affirmative Action Case

For Immediate Release: August 18, 2020

Contact: Priya Purandare, Executive Director
Email: [email protected]

WASHINGTON—Last week, the U.S. Department of Justice asserted that Yale University had violated federal civil rights law against Asian American and white applicants by using race as a determinative factor in its undergraduate admissions process. NAPABA strongly disapproves of any form of racial discrimination, including in college admissions. The organization understands the importance of diversity in education, and that race is one of the many factors in a holistic admissions process as established by the U.S. Supreme Court.

“While we continue to review information on the Department of Justice’s findings to fully evaluate the Yale University case, diversity remains a critical and compelling interest for universities to achieve,” said Bonnie Lee Wolf, president of NAPABA. “NAPABA is in support of race-conscious standards as a part of a holistic admissions process. We also support continuing efforts by colleges and universities to improve their admissions processes, including their work to recognize and address implicit bias. Our support of these principles has included filing of amicus briefs in the seminal cases of Grutter v. Bollinger and Fisher v. University of Texas in support of the universities and the importance of diversity. NAPABA will closely monitor the alleged claims against Yale University.”

Two years ago, NAPABA supported the U.S. District Court for the District of Massachusetts’ ruling that upheld the use of race conscious admissions in Students For Fair Admissions v. Harvard. In 2015, NAPABA issued an organizational statement in support of Affirmative Action and that the policy is necessary to increase diversity, equity and inclusion in education.

AABANY Hosts Panel on Diversity, Inclusion, and Equity in the Workplace and Beyond

On July 28, 2020, the Asian American Bar Association of New York (AABANY) hosted an event addressing diversity, inclusion, and equity in the workplace and beyond. Moderated by Margaret Ling, Director of Business Development and Co-Chair of the Real Estate Committee at AABANY, the panel featured: William H. Ng, Shareholder at Littler Mendelson and former Co-Chair of the Labor & Employment Law Committee of AABANY; Donna Dozier Gordon, Director of Diversity and Inclusion at USTA; Asker A. Saeed, Diversity and Inclusion Consultant and Principal at Saeed Consulting; Sean Bacchus, CEO and Founder of the Executive Diversity and Inclusion Council; and Prof. Meredith R. Miller, President of the Network of Bar Leaders. 

The program began with an acknowledgment of Congressman John Lewis, a civil rights icon who recently passed away. Margaret urged the participants to follow the Congressman’s famous words, to get in “good trouble,” as they work to make their communities more equitable and representative.

Will Ng opened by recounting his experience with diversity and inclusion while working in large law firms. He noted that law firms need to have support from management and leadership in order to succeed in creating a more diverse workplace. He also stressed that recruitment was not the issue, but rather, retaining diverse, younger talent.

Asker Saeed followed by outlining steps that may help large law firms advance their diversity and inclusion efforts. First, law firms should think about their reason for promoting diversity: not only is it the right thing to do, but it is also better for business. Firms should hire the best people, and the best attorneys are not only one gender, race, ethnicity, or sexuality. Second, firms should examine their systems and procedures, particularly in lateral hiring and promotions. For example, when partners are asked to recommend people to a position, they are likely going to recommend individuals who look like them or remind them of themselves, thus perpetuating the status quo that partners should be white, male, straight, etc.. Thirdly, firms should hire and pay someone to be in charge of diversity and inclusion for greater accountability, as well as create a specific budget for diversity and inclusion initiatives. Finally, law firms should create more opportunities for all people to prove their abilities and advance in the organization.

Meredith R. Miller added that, in 2016, the American Bar Association identified discrimination as professional misconduct. She emphasized that firms should not focus on not discriminating, but rather being anti-discrimination and anti-racist. She also urged bar associations to build pipelines for minority communities in the legal field.

Donna Gordon examined the connection between diversity and inclusion in the workplace and the Black Lives Matter movement. Due to the nation’s changing landscape, especially after the Black Lives Matter movement, the success of a firm will depend on its ability to hire and retain diverse talent. Black Lives Matter has reignited corporate interest in diversity and inclusion. However, despite the long history of these diversity initiatives, African Americans still do not experience as much advancement in the workplace. Donna urged participants to focus on addressing the gaps in the African American talent pipeline by tapping into wider networks.

Finally, Sean Bacchus stressed that organizations must be recognized for their progress and held accountable for the work they are not engaging in. Mentorship and sponsorship from senior leaders towards minorities are very important, especially given the prevalence of nepotism in large firms. Sean also urged firms to not only target Ivy League students during recruitment but also look at the CUNY system.

We thank Margaret Ling for organizing and moderating the successful event, and the panelists for offering their valuable insights. Attendees received 1.0 credits in the diversity, inclusion, and elimination of bias requirement, and 0.5 credits in the ethics requirement. To view a recording of the program, go to https://www.youtube.com/watch?v=yxb4uylxkMQ or click the image above.

NAPABA and SABA Condemn the President’s Second Attempt to Exclude Refugees and Implement a Muslim Ban

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and the South Asian Bar Association of North America (SABA) condemn President Trump’s new executive order that includes many of the discriminatory provisions of his earlier order, which also sought to stop refugees from entering the United States and halt immigration from several Muslim-majority countries. These orders, which are based on the misguided idea that certain religious and ethnic populations are more prone to violence, are incompatible with American values, and will not make our communities safer or our nation stronger. Notably, the order, continues to 1) suspend refugee admission for 120 days, 2) reduce and limit the number of refugee admissions, and 3) targets individuals from six Muslim-majority countries, suspending entry of individuals for 90 days, with some exceptions.

“The executive order is a continuation of the same policy that discriminates against and devalues refugees and members of the Muslim community,” said NAPABA President Cyndie Chang. “We must refuse to act out of fear and intolerance. We must not return to the dark chapters of our history where we judged people by the color of their skin, how they prayed, or where their family came from. We must stand up for our values of equity, justice, and opportunity.”

“The President’s Executive Action does nothing more than advance an anti-Muslim agenda espoused during the campaign under the guise of National Security,” said SABA President Vichal Kumar. “A refugee, by definition, is a person who has been forced to leave their country in order to escape war, persecution, or natural disaster. The supposed justification for this Executive Action punishes this person for the very same war and persecution that is causing them to leave in the first place.”

The new executive order clarifies it is not applicable to certain individuals, such as valid visa holders whose documents were issued on or before Jan. 27, 2017, lawful permanent residents, and dual-national passport holders. The order will take effect on March 16, 2017.

The executive order continues to require regular reports be published on suspected criminal activity committed by foreign nationals and refugees. When combined with reporting requirements under other immigration related executive orders, these reports will generate greater mistrust and fear of immigrant communities.

Both NAPABA and SABA joined litigation against the executive order enacted on Jan. 27, 2017. Our members have been at the airports assisting families, in the field educating communities about their rights, and in the courts supporting local and national pro bono efforts. Read our original statement here.

NAPABA and SABA join our fellow attorneys, the Asian Pacific American community, and Americans of all backgrounds in reiterating our commitment to diversity and justice. We remain committed to ensuring that all are free from discrimination and racial and religious profiling.

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NAPABA is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 75 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

SABA North America (formerly NASABA/North American South Asian Bar Association) is a voluntary bar organization and serves as an umbrella organization to 26 chapters in the United States and Canada. SABA North America is a recognized forum for professional growth and advancement for South Asian attorneys in North America and seeks to protect the rights and liberties of the South Asian community across the continent. Learn more at www.sabanorthamerica.com.