A mid-sized law firm has a diverse group of lawyers and staff, including several Indigenous employees. In the weeks leading up to September 30, the firm sends an email reminding employees that the National Day for Truth and Reconciliation is approaching. The firm has arranged a short educational session about residential schools, treaty relationships, and reconciliation and has encouraged employees to attend. Employees are also permitted to request the day off, subject to the firm’s usual leave procedures. One Indigenous lawyer requests the day off so they can attend a community gathering with family and spend time reflecting on the history and ongoing impacts of residential schools. Their request is approved.
When a colleague learns that the lawyer is taking the day off, they say, “Must be nice to get another day off. I don’t understand why this needs to be such a big deal. None of us were alive when residential schools were operating.” Another colleague responds, “Exactly. We can’t keep feeling guilty about things that happened generations ago.” Later that day, someone makes a joke about everyone having to wear orange shirts and asks whether the firm is going to “have another lecture about residential schools.” Several people laugh, while the Indigenous lawyer is present but does not respond. The lawyer later tells a trusted colleague that the comments were upsetting and made them feel that their connection to the day was being treated as an inconvenience rather than something worthy of respect.
On September 30, only a small number of employees attend the firm’s educational session. Several employees who did not attend make comments throughout the day about the session being “political” or “a waste of billable time.” No one from management addresses the comments. The Indigenous lawyer returns to work the following day and notices that the subject is not mentioned again. They begin to question whether they can openly discuss their Indigenous identity or experiences at work without being judged.
Discussion Questions
- What forms of discrimination or exclusion can you identify in this scenario?
- How can employees respect different perspectives on Truth and Reconciliation Day while ensuring that their words and actions do not dismiss or undermine the experiences of Indigenous colleagues?
- Why is the statement that residential schools happened “generations ago” problematic?
- What responsibility does management have when employees make these types of comments?
- What could the firm do to move beyond simply recognizing September 30?