NYU School of Law professor Kenji Yoshino’s Covering makes the impassioned argument that despite the enshrinement of equality in the American justice system, the right of the individual not to have to ‘cover’ or mute aspects of their difference that are perceived as a ‘choice’ remain unprotected to a large degree – in everyday life as well as the courtroom.
Yoshino takes us through his own experience as a gay Asian-American man, and the book swings from poetic memoir (he never misses an opportunity to remind us of his first love, literature – a further ‘covered self’), to thorough analysis of US judicial decisions that underline his thesis. From rulings against the rights of individuals to marry, wear cornrows, make-up (or to not wear make-up) he finds that ‘Courts have often interpreted these laws to protect… being but not doing.’
The book does not confine itself to the gay experience – it contains chapters on race- and gender-based covering – but Yoshino’s voice is strongest when on home-ground. He vividly paints the picture of his younger self, initially elated at coming out, only to discover that ‘It was impossible to come out and be done with it, as each new person erected a new closet around me.’ These passages, which movingly address Yoshino’s struggle to be ‘himself’, will resonate with anyone who has had to mute an aspect of their own identity in order to progress in their career.
The core of his argument is to challenge the assumption that because it is possible for an individual to assimilate into the mainstream they must do so. Yoshino advocates for a new paradigm of civil rights involving protecting difference through a guarantee of rights for all, rather than through the discourse of equality for minority groups – a ‘transition from civil rights to human rights.’
His stance is not without risks, however. A damning criticism is voiced by a colleague of Yoshino, whom he quotes, contending that that he is in danger of perpetuating stereotypes. She says: ‘“One way minorities break stereotypes is by acting against them. If every time they do so, people assume they are ‘covering’ some essential stereotypical identity, the stereotypes will never go away.”’ Yoshino’s counter, that the search for authenticity is his goal, rather than to fix rules for each identity, is convincing in the context of his call for freedom, rather than group-based identity politics – although there is still a place for the latter, he claims.
Although the early chapters are perhaps overly florid, the book is undeniably powerful and brings a persuasive perspective to the diversity debate. For those wishing to build a more inclusive environment at work, or even in their personal lives, it is well-worth a read. And for those feeling the pressure to cover, Yoshino’s call for a reason-forcing conversation with those making the demands could lead to new levels of understanding of what diversity means in today’s workplace.
What do GCs have to say in 2015?
We place quotes from prominent GCs alongside Yoshino’s work and find it startling relevant.
- ‘… if you come to the workplace feeling that you’re going to be valued for who you are – your “authentic” self – and you don’t have to cover or hide anything about you, you are so much more productive, energised and engaged.’ Mark Roellig, Massachusetts Mutual Life Insurance Company
- ‘We kicked off the [LGBT] Ally programme in Asia last year and have gotten a tremendous response… It’s creating a safer and more inclusive environment so that people feel they can bring their whole selves to work and not have to worry about hiding or covering.’ Peter Siembab, Bank of America Merrill Lynch
- ‘There have been a lot of very interesting US-based studies that talk about the fact that even though LGBTQ is so widely accepted among youth for example, 50% of youth who are out go back into the closet for their first job.’ Sarah Goldfrank, Bank of America Merrill Lynch
- ‘We set up a confidentiality policy, to reassure people that their confidentiality would be protected within the [Balfour Beatty LGBT] network and we would not put their names on lists of attendees. We tried to create as safe a place as possible for people to meet, given the pressures of “outing” yourself.’ Matthew Flood, Ingeus
- ‘If a woman says she is looking to become a leader, she will be seen as pushy. If a man says exactly the same, he is ambitious.’ Nina Macpherson, Ericsson
- ‘Perhaps what is more unusual for Hong Kong female attorneys… is that they feel less comfortable promoting themselves. Working in a western company, there is a certain company culture and leadership style that’s expected. But in Chinese culture, being humble is a key virtue – to promote yourself is not something that comes naturally.’ Yibing Mao, Marriott International