Patricia A Sanders

Kim Scott

On Bystander Intervention & Racist Remarks in the Workplace

Yesterday, a defense attorney casually used “nigger” while talking to me. This was the first time that a white person used the slur in my presence and I was stunned.

We were waiting for a colleague to join the meeting and shooting the breeze. Once we got onto the topic of federal gang prosecutions, the attorney brought up Nicky Barnes and the “Mr. Untouchable” New York Times Magazine cover (below). He then commented, “When Jimmy Carter saw that, he said ‘we gotta get that nigger’ and the feds were all over him.” It felt as if there was an audible record skip and I visibly shook my head like someone threw water in my face. I looked around and no one reacted. I searched the internet on my phone to fact-check if counsel was merely repeating a direct quote, but I could not find any such video or article. By the time I went through every innocent explanation of why this attorney would gratuitously use such vile language rather than describe the targeting or allude to the slur, the conversation had moved on. And so did I.

But I woke up this morning enraged and I set my mind to address the attorney directly when I saw him at our court conference. I ruminated on how to be as professional as possible to avoid causing any offense to him or anyone who could overhear in the courtroom. The irony of this mental exercise was not lost on me as I just a detailed conversation about these very concepts in Leah Goodridge’s phenomenal article. When I approached, I was mindful to keep my tone flat as I said, “Counsel, I reflected on our interaction yesterday and it’s not appropriate to use racial slurs in the workplace.” I even went on to highlight that we must be mindful of how his client, a Black man, is experiencing the criminal justice system as his defense attorney, a white man, casually used “nigger” in a room full of other white men.

The attorney’s response was dismissive as he noted that he has a lot of “Black people in his life” and “they use that term in their culture.” We ended the conversation with me telling him, “While WE may choose to do that, and I personally disagree with the usage in OUR culture, it’s not appropriate to use racial slurs at work.” We then carried on with work and set the next date. I did not get through to the attorney but I was able to have an honest conversation with my colleague about bystander intervention, why they did not feel that it was their “place” to say something, and how affirming it is for minorities in the workplace to see others calling out harmful behavior instead of leaving that task to those who are harmed the most.

If you would like to read more about how professionalism can often be a harmful tool against people of color, I strongly recommend that you read Ms. Goodridge’s eloquent discussion here: https://lnkd.in/edzi7zmM

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