I often hear people describing "imposter syndrome." At a high level, imposter syndrome is a self-doubt that you are able to accomplish the role you have been chosen for. I think virtually everyone has self doubts about their own abilities. Indeed, it should happen to all of us. Under the so-called Peter Principle, employees are promoted based on their success until they reach a level at which they can no longer be successful. This principle afflicts almost all lawyers, professors (present company included), and judges.
Imposter syndrome takes on a different meaning in the DEI context: a non-white person feels like they do not belong in a predominantly white environment. In other words, they have to act as an imposter in that space. A primary goal of DEI is to reduce imposter system, and make everyone feel welcome and included (that is the "inclusion" in DEI). But in many regards, DEI creates, and exacerbates the very problem of imposter syndrome.
First, imposter syndrome may often be a byproduct of mismatch theory. If a person is admitted to a university, or promoted to a higher position, based on their race, and has objectively lower credentials, that person very well may feel the doubt of imposter syndrome. It may objectively be true that a person admitted through racial preferences does not belong, but for the misguided intentions of social architects. Justice Thomas has written eloquently about how his degree from Yale was worthless because of the perception that affirmative action created. And Thomas has likely explained that would-be beneficiaries of affirmative action would not suffer from affirmative action at an institution where they are matched.
Second, DEI attempts to mitigate imposter syndrome by establishing racial "affinity" groups within organizations. Many workplaces held retreats and offer other mentoring events solely for people based on their race. Universities had separate graduation ceremonies for black and hispanic students. Some colleges even arranged separate housing for minority students. Again, these are efforts intended to make people feel more included and less like an imposter. But in reality, these groups serve to balkanize people based on the very barriers that led to the imposter syndrome in the first place. Moreover, these groups raise doubts among those outside the affinity groups about how inclusive the organization actually is.
Third, speaking of people outside the affinity groups, DEI mandates cultural re-education to eliminate these doubts. Separate graduation ceremonies and racial housing are described as the most normal thing possible, and opposition to them is anti-anti-racist. People are taught to believe, simultaneously, that everyone is welcome but programs are needed to provide a greater welcome to certain people. To paraphrase George Orwell, all workers are equal, but some workers are more equal than others.
At some point, I hope there is a true and complete reckoning about the harms caused by DEI. We have come so far from the days of intentional racial discrimination that an entire industry was concocted to make people feel racial resentment. First, there was a shift from disparate treatment (actual discrimination) to disparate impact (well, there's no actual discrimination, but let's make up some statistics). Second, there was the concept of political correctness ("PC"), where even if you were not being racist, you still could not talk about certain topics that would offend people. Third, there was the concept of microagressions--racism so subtle that you need a microscope to even see it. Fourth, there was implicit bias--people needed to take a completely debunked test to identify non-existent latent racism in their subconscious. Imposter syndrome is in keeping with all of these tests. The Supreme Court's decision in Callais was a long-time coming, and a reflection of how far we've come as a society: actual racial discrimination violates the Constitution, but all of these other attempts to find "razzle dazzle" racism should be discarded.
My advice to young law students and lawyers facing these sorts of self-doubts that you do not belong or lack the ability to succeed? Do what I did: fake it till you make it. Figure out what the successful people in your field do and do that, or even better, do more than that. And if you suffer defeat (we all do), don't wallow in it. Don't hang onto that defeat. Don't blame other people for your defeat. Don't blame society for your defeat. Don't latch onto abstractions like imposter syndrome or white privilege. Figure out how others have overcome that sort of setback, and do that, or even better, do more than that.
