sliced bread #2

Some look at things that are, and ask why. I dream of things that never were and ask why not.

Monday, June 19, 2006

on pride and conformity

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today is the official kick-off of Toronto's Pride Week... the theme this year is "Fearless"... is Joseph Briante just that, or did he expect too much "freedom" or "diversity" from his corporate masters?
When Joseph Briante sent an emotional e-mail last week to more than 100 fellow lawyers at the Vancouver office of Fasken Martineau DuMoulin LLP, he wrote that he wanted to put an end to a "barrage of uninvited comments" about his sexuality and colourful wardrobe. Instead, the 31-year-old associate became an Internet sensation overnight as his furious digital rant and New Age ramblings ricocheted through law firm inboxes and blogs around the world. By the end of the week, the e-mail had been so widely circulated that Mr. Briante's story landed on the Vancouver Province's front page with the headline: "I got in trouble for being a snappy dresser . . . and too gay!"

A spokeswoman for Faskens said Mr. Briante handed in his resignation Thursday night and the national law firm issued a press release announcing it had hired an independent expert to investigate the harassment allegations. The Faskens spokeswoman said the firm takes the accusations "very seriously."

It is doubtful that the outcome of the probe will ever see the light of day because of employee privacy issues. But what has landed with a screeching thud in the public spotlight is the very inconvenient reality that major law firms, for all their expertise in human rights and labour law, are still struggling to calibrate their conservative cultures to adapt to diversity, including homosexuality, among their employees.

Gay activists interviewed said working conditions at major law firms have improved in recent years, but many middle-aged gay or lesbian lawyers have been reluctant to openly discuss their sexuality until they are made partners for fear that their careers or access to interesting case files might be cut off by disapproving senior partners or firm clients.

Much less reticent is the younger generation of law school graduates and associates who are increasingly forthright about their sexuality and workplace rights. As Faskens learned with Mr. Briante, the younger generation's candour can set them on something of a collision course with staid major firms. "I used to tell students that they shouldn't give any clues about their sexuality on their résumés unless they were certain that the person reading it would be receptive. Today I get attacked if I say that," said Doug Elliott, a prominent Toronto litigator and president of the International Lesbian and Gay Law Association.

Now, young gay lawyers are "much more in your face" with potential employers. While such honesty is "refreshing," Mr. Elliott said it can present career hurdles. "Things are improving slowly, but big Bay Street law firms are struggling with diversity. . . . There is still this residue from the past that demands conservatism in the big firms. The only thing they want you to stand out in is billable hours."

In an interview, Mr. Briante said he stood out at Faskens because he wore vibrant pastel shirts, edgy suits and has an effervescent personality. At Faskens, Mr. Briante said he found that individuality was not an asset: "There was an unwelcoming environment for people who are not cookie-cutter lawyers." For legal watchers sensitive to the cultural nuances of the top law firms, the irony of Mr. Briante's story is that Faskens has long been regarded as a "gay friendly" firm. Under the leadership of famed litigator Walter Williston, Faskens was known as early as the 1970s as a firm that welcomed a variety of lawyers, including, one partner said, a handful of gay partners.

Ken Smith, a Vancouver-based lawyer and noted defender of gay legal rights, said while there is much more openness in the profession, most lawyers he knows at big firms do not come out until after they have been made a partner. "There is still a glass ceiling at the partnership level for gay lawyers."

— JACQUIE McNISH, Globe and Mail (2006/06/14)

We can certainly keep trying to "open up" the legal profession, but in some sense, there will always need to be a consideration of the level of professionalism that is projected by lawyers — that is, after all, one of the foundations of our legitimacy. Skin colour, religious attire, signs of sexual orientation, and the like are not guideposts for professional appearance. Professional dress, on the other hand, is. In my view, pastel shirts and edgy ties are on the same vein as purple hair and nose rings — it simply doesn't work in the corporate world.

On one hand, it's unfortunate that "professional appearance" can be used as code language for other more discriminatory attitudes. If it's in fact the case that Briante was a victim of discrimination based on his orientation, then he should have pursued the appropriate complaint mechanism, within the firm or with the provincial human rights tribunal. On the other hand, the very headline used by The Province and Briante's own comments only serve to maintain the stereotype that all gay/bisexual people have to look colourful and "fabulous" and/or be paragons of style and fashion.

I'm more concerned about being perceived as a serious professional.

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