Inclusion of Asian American and Pacific Islander women should be a priority in the legal community

Implicit bias is the act of attributing subconscious beliefs, negative attitudes, and stereotypes towards a group of people, and exists without purposeful intent. Despite being a form of silent judgment, implicit bias perpetuates discriminatory social views and prevents inclusive professional environments. Asian American and Pacific Islander (AAPI) female attorneys continue to face implicit bias today, impacting their self-esteem and ability to advocate for clients as effectively as possible.

An example of implicit bias in the courtroom is AAPI women attorneys often being mistaken as certified language interpreters in the courtroom - an assumption that AAPI women are likely to be insufficient English speakers. Although being mistaken for a non-lawyer may sound like a harmless mistake at face value, it is emotionally and mentally damaging for competent AAPI women attorneys who may have an accent when speaking English or are fluent in more than language. On the individual level, these ignorant remarks provoke feelings of insecurity and vulnerability, which has led to the societal level of identity groups feeling discriminated against. The repetition of these careless assumptions is what has caused irrational bias wrapped around the expectation and judgment of AAPI women. Not only does being mistaken for a lower position undermine AAPI women lawyers' abilities and qualifications, but they also lose credibility in front of their clients, damaging the trusting relationship necessary for legal processes.

According to a 2022 study by the Institute for Inclusion in the Legal Profession, AAPI women attorneys are chosen least often by corporations looking to hire counsel, with reasons being because they are perceived to be too submissive, emotional and less credible. Similarly, the Encyclopedia of Applied Psychology states that "the status of women is [supposed to be] inferior to the status of men in every society," proving that whether someone holds a strong belief against AAPI women or not, social norms make it difficult for implicit bias to be completely eradicated. There are societal expectations that AAPI women attorneys are not to be confrontational or assertive, and this is disadvantageous in law because an AAPI woman attorney must establish herself as a reliable advocate on behalf of her client. While an AAPI woman attorney is perceived as difficult and unknowledgeable, a male attorney who exhibits the same demeanor is viewed as compelling and engaged.

The model minority myth is also important to consider in recent years, as it has perpetuated a narrative that AAPI women attorneys are inherently successful, intelligent, and hardworking due to ancestral hardships. Despite these qualities being positive descriptions on the character of AAPI women, disadvantages arise because they are not viewed as equal to their male or white counterparts. Specifically, they are not given the same level of support and resources as other groups, with less access to leadership positions, opportunities, and mentors willing to provide guidance for AAPI women attorneys. These restrictions go hand in hand with the stereotype that AAPI women are successful independently and foreign to collaboration. This myth also reflects the long history of oppression and exclusion that AAPIs have faced in the United States, such as the Chinese Exclusion Act and Japanese internment camps, which marked the beginning of structural inequality against AAPI Americans, and its residual effects remain to this day. Implicit bias is a side effect of structural oppression, and it is vital to recognize its existence to improve the working conditions of AAPI women, as well as the relationships of all races and genders.

Addressing implicit bias is difficult because most people do not realize they have it. Therefore, it is important to realize and spread awareness that traditional beliefs against AAPI women are incorrect and actively harmful. At the professional level, diversity training must occur more frequently, and more focus on mentorship programs is necessary to provide upcoming AAPI women attorneys with guidance and support for career advancement. Affinity groups, which are organizations created around a common identity, goal, or interests have also been an effective way for workplaces to create a safe space of relatability and problem solving for minority groups. With the expansion of affinity groups and awareness of implicit bias, unwarranted judgment and discrimination against AAPI women is likely to be alleviated.

Though educated young adults entering the workforce and increased awareness about racism and sexism has improved working conditions for women, implicit bias against AAPI women is an ongoing battle in the legal field and society at large. Ultimately, it is important to remember that broader shifts in judgment start at the individual level. The inclusion of AAPI women and marginalized communities should be a priority for all members of the legal field for the safety and satisfaction of clients and colleagues.

Sandy K. Roxas is the founding partner of Roxas Law, APC.