They had a question and sought help from a more experienced lawyer.

However, the response they received was far from helpful.

“You should already know this; after all, you’re a dapto,” the senior lawyer said.

“What does ‘dapto’ mean?” the young lawyer asked.

“It means a wog, a Greek,” came the sharp reply, implying that the young lawyer’s heritage defined their competence and skill.

At that moment, the young lawyer chose to ignore that comment and move on.

That young lawyer was me.

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Now, with the wisdom of hindsight, I see the incident for what it truly was: casual racism.

I should have spoken out then, but today, I’m finally raising my voice.

Racism is alive and well in the legal profession and it’s about time we address it.

The many disturbing faces of racism in the legal world

Racism wears many masks within our profession and they are all completely unacceptable.

As advocates of justice, it’s our responsibility to unmask and eliminate every hint of racism that pollutes our community.

Yet, in order to accomplish this, we must first understand the different ways racism festers within our legal workplaces.

Let’s get into it.

Direct racism: Words that cut deep

Consider needing help, only to be pelted with cruel words like: “You’re a sand n*****, you belong in the shadows”. Visualise facing discrimination while striving for opportunities, with doors slammed shut because of your Middle Eastern heritage. Envision working hard towards a promotion or significant case, only to be obstructed due to your race. Place yourself in a workplace where derogatory remarks about your ethnicity or skin tone are carelessly hurled your way, such as: “Clients prefer lawyers who look like them.” Contemplate how it would feel to stumble upon a co-worker’s Facebook post that boldly declares: “Aboriginal people are lazy and unreliable. I refuse to work with them,” if you happen to identify as First Nations.

It’s a heavy burden to bear, isn’t it? Would most people tolerate such abhorrent behaviour at work? Probably not. Shockingly, though, within our very own profession, some brave this living nightmare every day simply to make ends meet.

Casual racism: Small cuts, profound pain

Envisage people thoughtlessly appropriating parts of your culture, like henna, even if they frame it as a joke, without grasping or respecting their significance. Picture them shamelessly donning your traditional clothes to mock or carelessly using symbols without understanding their importance. (I have personally witnessed colleagues ridiculed in the office for wearing their kippah, observing Ramadan or Easter fasts, or simply because of their accents.)

Think about how it feels to be on the receiving end of seemingly innocuous comments that chip away at your language skills or cultural understanding, like: “Your English is impressive for an Asian”. It’s as if they are hinting: “You’re surprisingly articulate for someone from your background.” And then, to add insult to injury, after subjecting you to these comments, they have the audacity to follow it up with: “Come on, it’s just a joke. Why are you being so sensitive?”

We can all agree that words and actions like this, whether intended to harm or not, erode a person’s sense of belonging and sow the seeds of division. (Keep this in mind: dismissing someone’s pain resulting from this form of racism, labelling them as “making it up,“ “too sensitive”, or advising them to “be resilient” is akin to saying: “Your feelings don’t matter; you’re simply overreacting.” Would you say these things to a child and disregard their feelings? Surely not.

Systemic racism: Poisoning the well

This strain of racism is more than just harsh words; it is a stark reality. It bestows privileges upon some, like winning a lottery ticket, while it cruelly slams doors shut and perpetuates discrimination against others based on their race.

Think about a person of colour who has worked hard for years, consistently excelling, only to hit an invisible wall when striving for leadership roles. How would they feel witnessing less-qualified colleagues leapfrogging ahead?

In a diversity meeting, envision someone arrogantly saying: “Our promotion criteria may seem fair, but they are designed to weed out those who don’t fit our mould.” They unabashedly declare: “We reserve mentorship for those who have a ‘bright future,’”, with a knowing wink, and assert: “Leadership is for those who ‘get’ the company culture. It’s not our fault if they don’t seem to fit in.”

Now, picture leadership actively dominated by a single majority, with a senior figure cynically admitting: “We’ve got a diversity committee, but it’s all for show. They can’t really tackle deep-seated racial issues.” (By the way, for everyone at the top of their game, why bother with diversity committees that actively sideline minority lawyers? True inclusion requires us to value contributions over where people come from. Anything less dehumanises people, relegating them to mere cogs in a machine.)

A reality check

However, it is important to recognise that this issue goes far beyond the legal sector. The reality is that these stories stay hidden because people are afraid of losing their jobs in a time of skyrocketing living costs, reputational damage, and the very real threat of career suicide.

How to call out racism at work

• Speak up: If you witness or experience racism, address it directly with the person involved. Say something like, “That comment was inappropriate and offensive. We need to treat each other with respect.”
  
  
• Share impact: Explain how the racist behaviour or comment made you feel uncomfortable or hurt. For example, “When you said that, it made me feel disrespected and isolated.”
  
  
• Educate: Provide information about why certain words or actions are offensive. For instance: “Using racial slurs is hurtful and reinforces stereotypes.”
  
  
• Set boundaries: Make it crystal clear that racist behaviour will not be tolerated. Say: “We have to maintain a respectful environment here. Racist remarks are unacceptable.”
  
  
• Involve management: If the behaviour persists, report it to HR or higher-ups, saying: “I’ve addressed this issue, but it’s still happening. I need help resolving it.”
  
  
• Use “I” statements: Express your feelings without blaming. For example: “I felt hurt when I heard that comment.”
  
  
• Support others: If you witness racism towards a colleague, show solidarity by saying: “I don’t think that’s appropriate. Let’s treat each other respectfully.”
  
  
• Highlight the impact: Share how racism negatively affects the workplace. Say: “Racism creates a hostile environment and affects our team’s morale.”
  
  
• Advocate change: Propose initiatives to promote diversity, equity, and inclusion. Suggest: “Let’s have diversity training to ensure everyone understands the importance of respecting one another.”
  
  
• Document the evidence: Leverage your legal skills and keep records of incidents and conversations for documentation in case the issue needs further attention.

Racism exists in the legal profession in many ways. We must see it, confront it, and take action.

Together, we can create a legal world where your background does not define your worth. But to do that, we need to act decisively, not just talk about it.

Stefanie Costi is a lawyer who empowers victims of workplace bullying to take decisive action and educates organisations about its impact and preventive measures. Through her advocacy, Stefanie strives to create healthier and more respectful work environments where everyone can thrive without fear. You can find her here.