Marita Etcubañez, director of programs at the Asian American Justice Center (AAJC), discusses how implicit bias and stereotypes of Asian Americans can hinder their career advancement in the workplace.

"The Asian American community is still largely an immigrant community. About 60% of Asian Americans were born outside the United States, and immigration continues to drive growth, making ours the fastest-growing community in the United States," Etcubañez said.

AAJC is a Washington, D.C.-based group that focuses on human and civil rights issues affecting Asian Americans.

Bloomberg BNA: Are there any issues or topics related to workplace bias you are monitoring?

Etcubañez: While many Asian Americans have high educational attainment and work in professional fields, some encounter a glass ceiling that blocks their professional advancement.

This often takes the form of perceptions that Asian Americans have poor communication skills or that they are passive and lack leadership potential. Reliance on stereotypes should not continue to pose barriers to advancement in the workplace.

With the debate on immigration reform taking center stage, it is also important to highlight the challenges faced by immigrant workers, who are often fearful of bringing claims even though many of their workplace rights are protected under U.S. law regardless of immigration status.

It is important that immigrant workers are educated about their rights, including legal prohibitions against retaliation for those who assert legal claims.

The newly-introduced immigration bill in the Senate, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, if passed, would create a "W visa" for low-skilled workers.

We must ensure that these workers also are made aware of their rights under U.S. law so they are not vulnerable to discrimination and other workplace abuses.

Bloomberg BNA: Tell us about AAJC's litigation efforts.

Etcubañez: AAJC currently focuses on filing amicus curiae briefs in federal appellate cases, but has increasingly engaged in litigation at the state level. Individuals from minority, immigrant, and other underserved communities such as those for whom AAJC advocates are particularly vulnerable to unfair employment practices. 

AAJC's interest in the effective vindication of these employees' rights has resulted in the organization's participation in numerous amicus curiae briefs supporting vigorous enforcement of Title VII and other employment laws.

AAJC has joined amicus briefs calling for broader interpretation of anti-discrimination laws, arguing, for example, that direct evidence of discrimination ought not to be required in order for plaintiffs to bring mixed-motive claims.  

In addition, AAJC has been paying close attention to the work of the Office of Federal Contract Compliance Programs. OFCCP has settled a number of cases involving systemic hiring discrimination against female and minority job applicants, and has issued new guidance that will better enable its staff to investigate claims of compensation discrimination.

For example, OFCCP settled a case involving NCS Pearson, a federal contractor for the U.S. Department of Education, after uncovering evidence that the company's hiring practices discriminated against workers of Asian descent who had applied for software developer positions.

Language access is and will continue to be critical to ensuring that Asian Americans are aware of their rights and how those rights can be enforced.

With our growing and increasingly diverse population, it is more important now than ever that the Equal Employment Opportunity Commission and other government agencies ensure that limited-English proficient individuals are able to access information and services in languages other than English.

Further, there is a continuing need for greater and more effective outreach so that Asian American workers and job applicants know about their language access rights as well as their rights and the remedies available to them under anti-discrimination laws.

Bloomberg BNA: Any final thoughts?  

Etcubañez: Implicit bias remains a problem for Asian Americans in the workplace. Asian Americans continue to face stereotypes of being good workers but not good managers. They are often seen as foreign and less trustworthy.

A study at the University of California Riverside found that Asian American engineers were judged as less able leaders than Caucasian engineers with similar qualifications. While implicit bias may be difficult to litigate, it does lead to work environments where employees do not feel welcome and experience micro-inequities which lead to job dissatisfaction.

Unfair treatment not only goes against our values, it also has a negative impact on our economy. Freada Kapor Klein and the Level Playing Field Institute estimate voluntary turnover due only to unfair treatment costs employers $64 billion each year.

Implicit bias in the workplace can be addressed. Recently, the Kirwan Institute issued a publication Implicit Bias Review that includes a summary of research on possible ways to effectively address implicit bias. AAJC continues to monitor developments in this field as implicit bias is a pernicious problem that keeps Asian Americans from equal opportunity in the workplace.

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If you are interested in participating in a Q&A on enforcement actions, legal developments and news related to the Equal Employment Opportunity Commission or the Office of Federal Contract Compliance Programs or have a suggestion for a Q&A topic, send an email to lbridgeford@bna.com. You can also follow me on Twitter @LCBridgeford.