FAITH DISCRIMINATION
Finding a creed of tolerance
As reports of religious intolerance rise, IP lawyers share their personal stories with Muireann Bolger.
Saiful Khan’s worst brush with intolerance occurred after the London terrorist attacks in 2005, when a colleague at his law firm said that there “must be something” inherent in Islam that supported such violence.
“A highly educated person said this, and it was completely Islamophobic,” reflects the senior patent attorney and member of IP Inclusive, who is a practising Muslim.
Despite the passage of time, the shock that an intelligent co-worker could harbour such ill-conceived and uninformed notions is still evident in his voice.
“These terrorist organisations prey on people’s frailties to motivate them to take an extreme position where they’ve got nothing to live for,” he says. “That reflects on the vulnerability of the human condition, rather than something to do with any one religion. Lots of people do lots of bad things in the name of x, y, and z.”
A flare-up of intolerance
Khan is not alone in his experience, however. Religious intolerance is on the rise, with a total of 76,884 racially and religiously aggravated offences recorded in the UK in 2021, up 15% from 2020, according to figures released by the police force in England and Wales.
In the aftermath of the COVID-19 outbreak, the United Nations felt compelled to warn against a rise in religious hatred and intolerance.
“The pandemic has caused a flare-up in existing religious intolerance in many countries. I am alarmed to see the upsurge in incitement to hatred, scapegoating religious or belief communities, including Christians, Jews, and Muslims for the spread of virus,” noted the UN Special Rapporteur on freedom of religion or belief, Ahmed Shaheed in April 2020.
And it seems the legal sector is not immune to this trend, according to a September 2021 study by diversity specialist, Rare Recruitment.
The summary report, One of us? The experience of Jews and Muslims in City Law, showed that Jews and Muslims have experienced antisemitism and Islamophobia at many leading UK firms, with 71% of the Jewish interviewees reporting having experienced antisemitism, and 50% of the Muslim lawyers encountering Islamophobia.
A wake-up call
Commenting on the findings, Raph Mokades, chief executive of Rare, cautioned that these findings should be a wake-up call for many firms.
“This research shows that antisemitism and Islamophobia both exist in law firms, and that Jews and Muslims are affected,” he warns.
“Firms would do well to acknowledge their existence and explicitly to say that discrimination based on religious heritage is as unacceptable as that based on ethnicity or gender, and to monitor outcomes for Jewish and Muslim heritage lawyers.”
While retired patent attorney Tibor Gold is non-religious, he identifies as “culturally and ethnically Jewish” and has encountered a certain degree of antisemitism during his career.
“There have been a couple of occasions when an antisemitic remark was made to me, and it affected other Jewish attorneys as well,” reflects Gold.
”As a young Jewish person you knew or quickly learned which firms had a very white, Anglo-Saxon Protestant culture with no Jewish professional employees and which did.”
Tibor Gold, retired patent attorney
His life story is a remarkable one. After fleeing Nazi-occupied Hungary as a Jewish teenage refugee during World War II, and posesssing only a few words of English, Gold went on to pursue IP in the UK and later became president of the Chartered Institute of Patent Attorneys.
And while Gold emphasises that antisemitism did not prove a barrier to his eventual success, he remained aware of its entrenched presence in the legal community. At one point during the 1980s, lawyers of Jewish origin were even being excluded from certain legal clubs.
“It was a long time ago, and much of the discrimination was very subtle. But as a young Jewish person you knew or quickly learned which firms had a very white, Anglo-Saxon Protestant culture with no Jewish professional employees and which did,” he recalls.
And it seems that challenges and concerns for this community continue, with Rare’s report showing that more than a fifth of Jewish interviewees reported that they were scared about the rise in antisemitism, and felt that law firms could do more to support them.
Difficult conversations
The Rare study found that a lack of awareness around culture and religion was common and created feelings of exclusion.
For example, more than four in ten Muslim lawyers interviewed explicitly stated that the experience of women who wear a headscarf is “very different” and more negative than those who do not visibly express their religion.
Such findings resonate with Khan who remembers a retiring partner telling him at a party that “he had been worried about the sector letting people like him in”.
On another occasion, he recalls a senior white male partner feeling no qualms about revealing during a meeting that he was “worried about the diversity agenda, because it’s going to upset things”.
Due to these experiences, it comes as a little surprise to Khan that the participants in Rare’s study who raised issues with a senior leader or partner felt that their concerns were not taken seriously.
He recollects having a “difficult conversation” with a senior partner concerning the labelling of food provided at an event so that it was Halal, and in accordance with his dietary requirements as a practising Muslim.
“It was such an issue because it cost a little extra, yet the firm was happy to pay for alcohol at such events. And there probably would have been no issue around labelled food for those with food intolerances or providing food for vegetarians and vegans,” he says.
Such attitudes, he explains, prevent people of faith from being fully open about their religious persuasion.
“That’s part of the reason why many of us keep our religious practices private, we just don’t want to raise it as an issue because you get an unreasonable knockback.”
A lack of flexibility
The Rare study noted a lack of flexibility during religious events such as Ramadan and the Sabbath, with 43% of interviewees experiencing this issue.
Commenting on his own experiences during Ramadan, an annual month of fasting (sawm), prayer, and reflection observed by Muslims, Khan has encountered misunderstandings.
“People have asked: ‘oh why do you do this, it’s really unhealthy’. But nobody comments if somebody else does the 5:2 fasting diet. This practice is followed by more than one billion people around the globe.”
Several of the Muslim lawyers interviewed by Rare also felt firms could be more proactive with their communication and expectations during Ramadan, while 14% of the Muslim lawyers interviewed reported difficulty with taking time off to pray.
Daniyal Khan, associate at Marks & Clerk, says that while his firm is supportive and he has time allocated for prayer, he remains worried about the lack of awareness around his faith and culture throughout the legal sector.
“It is getting better. But on a few occasions, colleagues have come across me when I’ve been praying. And I’ve been worried about their perception and reactions. So I’ve felt the need to explain myself,” he says.
He believes that more efforts should be made to highlight cultural traditions around certain times of the year.
“It would be good if more was done around Ramadan, as we do for Christmas. For example, where we have Christmas-related events and dinners, we could also have more recognition of other religious events to engage more people. This means that more people can understand those practices and traditions.”
Climbing upwards
There are questions over whether faith or an affiliation with a faith-based cultural identity impedes or stalls career journeys.
According to Rare’s report, 86% of the Jewish lawyers interviewed said they still felt partnership was achievable and reported being aware of several active Jewish partners at their firms.
As Gold points out, his unpleasant anti-semitic experiences had little bearing on his eventual success. “These incidents had no effect on my career. After all, I was elected by a very substantial vote to become President of CIPA,” he observes.
Muslim lawyers feel somewhat differently, however. By contrast to their Jewish colleagues, half of the Muslim lawyers interviewed by Rare said they aspired to make it to partner before joining their firm. But now, only 36% of those still hoped to make partner, while 21% of interviewees now felt that partnership did not feel achievable.
”It would be good if more was done around Ramadan, as we do for Christmas. For example, where we have Christmas-related events and dinners, we could also have more recognition of other religious events to engage more people.”
Daniyal Khan, Marks & Clerk
For those that no longer aspired to reach partnership upon joining the firm, a lack of representation at the senior level was cited as one of the primary reasons.
“Fundamentally there is a value in visualisation. So when you see senior people in positions of power who don’t look like you, then that is a deterrent,” notes [Daniyal] Khan.
“As a minority, you feel disadvantaged, because you have less in common with those with whom you are trying to build a connection. The numbers of minorities are quite disappointing in IP, especially if you consider the fact that I work in a patent law firm, and patents are inherently scientific inventions,” he adds.
“If you look at other industries in science, whether it’s medicine, biotech, or even computer science, they’re doing much better in terms of diversity and attracting interest from many different racial and religious groups. And it’s not quite the same in law. With IP, it is very much about connections, and it remains a very white male, Anglo-Saxon world.”
Alcohol barrier
The prevalence of alcohol at work-related social events also remains a barrier to success for Muslim lawyers, according to Rare’s report.
Around 71% of Muslim lawyers said that the importance placed on alcohol hindered their chances of progression and success.
Interviewees reported alcohol being the focal point of many social events which meant individuals who did not drink, or want to be around alcohol, missed out on prime networking opportunities with clients and senior individuals.
Such experiences resonate with [Saiful] Khan. “There are still major and deeply ingrained cultural barriers, for example walking into a room and finding only alcohol and/or ham sandwiches. I once went to a reception, and there wasn’t even water or soft drinks available, just alcohol,” he recalls.
“There are plenty of people that don’t drink alcohol. And it makes me feel devalued when my dietary requirements aren’t respected: it’s a question of feeling a part of society rather than being outside of it.”
And while he does feel that working cultures have changed for the better, he emphasises that the slippery slope of regression is ever-present.
“Society moves on, and I think we are all moving in the right direction. But I don’t think we can be complacent. There has been a notable rise in populism. And we’ve got to fight against that, and that means we definitely can’t take the improved representation that we already have for granted,” he concludes.
Images, from top: Shutterstock / godongphoto, Fevziie