August 2025 DEI – Understanding Microaggressions in the Legal Workplace

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by Krystyl Jenkins, ACP, PHR, CFM

As paralegals, we often serve as the bridge between attorneys and clients, navigating a wide range of personalities, emotions, and expectations. Legal work is inherently rooted in conflict. Whether it is a contractual misunderstanding or an intentional violation of the law, we are constantly immersed in issues involving bias, discrimination, and exclusion. Even a slight misinterpretation of language in a legal document can result in costly consequences.

Because of this, understanding diversity, equity, and inclusion (DEI) is essential. One key aspect is learning how to communicate in ways that are respectful, inclusive, and clear. Like any professional skill, this requires education, intentionality, and practice.

In recent years, many workplaces have engaged in conversations about DEI, but one important issue often flies under the radar: microaggressions. Though often subtle or unintentional, these behaviors can have a profound impact on workplace culture, mental health, and morale.

What Are Microaggressions?

The term microaggression was first coined in the 1970s by Dr. Chester Pierce, a psychiatrist and Harvard professor, to describe the brief, daily racial slights he observed. In 2007, psychologist Derald Wing Sue repopularized and expanded the term to include a broader range of bias-based behaviors. Today, microaggressions encompass subtle insults, intentional or not, based on race, gender, sexual orientation, age, disability, religion, and other identities.1

Microaggressions may present as offhand remarks, backhanded compliments, “harmless” jokes, or intrusive questions. They may even manifest in workplace dynamics or organizational culture. Though often dismissed as innocent, these behaviors can cause lasting harm.

Dr. Sue explained in an interview with the American Psychological Association how important it is to distinguish between the intent of a microaggression and its impact. People often claim they did not intend to hurt someone’s feelings without considering the unavoidable impact of their behavior.2

Types of Microaggressions

There are three primary types of microaggressions:

    • Insults: These comments can be demeaning or condescending. They often relate to competence or worth.
    • Invalidations: These comments are dismissive and focus on the thoughts, feelings, or experiences of other individuals.
    • Assaults: These comments or actions are overt and intentionally discriminatory. They are often disguised as jokes or sarcasm.

     
    Real-World Examples

    Many of us have either experienced or witnessed microaggressions in the workplace:

    • A coworker who cannot seem to get your name correct – They keep mixing you up with another individual, even though you look nothing alike, just because you are both brunettes.
    • Someone asking you to take minutes in the meeting simply because you are the only woman or the youngest in the room
    • Being mistaken for an intern because you look young
    • Someone assuming you speak a different language because of your name
    • Constantly being spoken over
    • Coworkers purposely ignoring your pronouns
    • People assuming you are not tech-savvy enough if you are older, or must be tech-savvy if you are younger

     
    I once had an attorney who could not get my name right. He regularly called me Kristy or Krissy. I even suggested he call me Krys. He refused, saying he would rather call me by my name, claiming it was more professional. It always left me feeling like I was somehow less important or lower than everyone else. These are all forms of microaggressions.

    Why It Matters

    Microaggressions are not isolated incidents. They accumulate over time and have drastic effects on the workplace culture. Left unaddressed, they can foster a toxic work environment. Individuals, especially women, people of color, LGBTQ+ professionals, and those with disabilities, may feel unwelcome or undervalued, which leads to higher turnover rates. Moreover, microaggressions can hurt client relationships. If clients feel stereotyped, ignored, or disrespected, they may choose to take their business elsewhere.

    What Can You Do?

    Recognizing microaggressions requires mindfulness and self-reflection. Begin by examining your own behavior:

    • Have you unintentionally offended someone?
    • Did a comment land poorly, even if you meant no harm?
    • Have you noticed a colleague shutting down or becoming unusually quiet during conversations?

     
    If you realize you have said or done something harmful, own it. Apologize if appropriate and remain open to learning. Avoid becoming defensive. Remember, the goal is not to prove your intent but to acknowledge the impact.

    If you witness microaggressions, speak up when it is safe to do so. Use “I” statements to express concern without sounding accusatory. If addressing it in the moment is not feasible, document it and speak with someone you trust.

    You can also foster a more inclusive culture by:

    • Encouraging open dialogue
    • Creating safe spaces for people to share their experiences
    • Promoting active listening and empathy
    • Welcoming feedback on your own communication style

     
    Final Thoughts

    Microaggressions may seem small, but their cumulative impact is significant. As paralegals, we are stewards of clarity, fairness, and professionalism. By recognizing and addressing microaggressions in ourselves and others, we uphold the values that define the legal profession.

    In a field that advocates for justice, we must ensure our workplaces maintain that same commitment. Law firms that promote justice externally must reflect those same values internally. Otherwise, they risk undermining their credibility and integrity.

    1 https://www.psychologytoday.com/us/basics/microaggression

    2 https://www.apa.org/news/podcasts/speaking-of-psychology/microaggressions

    Krystyl Jenkins, ACP, PHR, CFM, has been a paralegal for the last 15 years and a Professional in Human Resources (PHR) through HRCI for the last five years. She is also a Certified Family Mediator (CFM), mediating cases for the New Hampshire Commission on Human Rights, and a NALA Advanced Certified Paralegal (ACP®). Krystyl holds a BS in equine science and a BS in paralegal studies.

    krystyljenkins@gmail.com

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