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Judges and Judiciary,
Letters

Nov. 4, 2014

Diversity article fails to mention disabled

The Oct. 27 article titled "Diversity progress slow" was excellent. Unfortunately, the article does not present an inclusive look at diversity as the disabled and other diverse groups are not mentioned.

East County Division

Peter A. Lynch

Judge

Arraignments

Southern Illinois University School of Law, 1984

Peter is an Afghanistan and Iraq veteran.

The Oct. 27 article titled "Diversity progress slow" was excellent. Unfortunately, the article does not present an inclusive look at diversity as the disabled and other diverse groups are not mentioned. The disabled and other groups are not getting equal access in the legal profession. The article does not provide statistics for lesbian, gay, bisexual and transgender attorneys. Nor does the article reference arguably the most under represented group in the legal profession - the disabled - as the National Association of Law Placement notes; the smallest non included group in the practice of law is the disabled - even smaller than openly LGBT lawyers. See www.nalp.org/dec09disabled

Many studies, articles and presentations discuss the concept of implicit bias. Implicit bias impacts society and the courts and law practice. Scientific research into implicit social cognition (ISC) focus on the mental process that impact social judgments that may operate without an individual's conscious awareness. Those thoughts and feelings may impact everyday behaviors such as who is hired, friends you make, and individuals you may favor notwithstanding a person's consciousness of those influences.

The Daily Journal article identifies race and gender as needing greater parity in the American legal industry noting the gap between the salaries of men and women. It also refers to minority groups to include Asian-Americans, black attorneys and Hispanics. Again, there's no mention of the disabled as a minority group member nor openly LGBT lawyers. A reader of the article may believe only the identified groups suffer discrimination in the practice of law.

Last year I was involved in efforts to have the Gov. Jerry Brown approve Assembly Bill 1005 to amend Government Code Section 12011.5. I worked with Los Angeles Assistant Deputy Public Defender David Marsh. The statute requires annual collection of specified demographic data on judicial applicants, judicial appointees, etc. The amended section was ultimately approved by the governor to include, among other information collected, demographic data on disability. Ethnicity, race, gender identity and sexual orientation were already being collected annually.

Discrimination exists in the legal profession. Suggestions to the contrary that there is no discrimination fall by the weight of the identified statistics quoted in the Oct. 27 article. However, when the disabled and other groups are not included in diversity discussions they have no seat at the table to seek redress for the historic discrimination they have been subject to. Let's keep the seats at the table open for all impacted groups.

#304261


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