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A UCLA law professor who specializes in race studies shows us how to apply critical race theory to our lives and work.

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This is the second part of a two-part series exploring critical race theory CRT and its influence on diversity and inclusion efforts in workplaces and classrooms. Laura E. HBR Presents is a network of podcasts curated by HBR editors, bringing you the best business ideas from the leading minds in management. The views and opinions expressed are solely those of the authors and do not necessarily reflect the official policy or position of Harvard Business Review or its affiliates.

Like the fact that we might work in a building where we leave at the end of the day and who are the people cleaning that building?

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The idea of how systems work and how structures operate. This is Race at Work. The show that explores how race impacts our careers and lives. I left a wall street career to start a company called Jopwell, because I wanted to help corporate America build a more diverse workforce. Each week, we talk to a different leader about their experience with race and how it impacts our daily lives. And latched on to it as something that was threatening rather than being anti-racist.

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They said that actually anti-racism is anti-white and that this is actually racism against white people and they branded that as Critical Race Theory. The first specialized program of study on race and law for law students in the nation, and an intellectual hub for Critical Race Theory. And then we can explore the complexities of that.

But I like to think of it as an insight about the rootedness and intransigence of racism in American society. We had the civil rights movement. We had the civil rights act of that had a provision against discrimination in housing and against discrimination in employment, and title IX and all these great things that were deed to increase equality. And other laws, the voting rights act of And yeah.

If we look at American society, inequality persists. We should ignore it. But Critical Race Theory says no. Focus on the institutions, focus on the legal system, for example, and how the legal system transforms itself.

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Even after we have, say, the voting rights act and the civil rights act, then we have the s and the s, and we have a U S Supreme court that is interpreting those laws in such a way as to limit their impact. And so, in a way, the laws just kind of adjust. And people do the trainings, but they still do the bad behavior. And you know, the system kind of resets to just adjust back to a new normal or a new equilibrium.

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So how did CRT start as a discipline? One is the kind of Critical Race Theory as a legal field, right? As a scholarly field. And I want to talk about both of those. So Critical Race Theory, it starts in the eighties. Who are law professors. Especially African-Americans, right?

And so they were thinking about things in a different way. And then this generation like Kim Crenshaw and Cheryl Harris and Mari Matsuda and Chuck Lawrence, who were some of my teachers, who were just, they were just on fire. They just, things had to be said, things had to be written.

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And so a lot of it was just the first time that race was being taken seriously in the legal academy. Other than the idea of sort of civil rights and anti-discrimination law. But that race and racism were being taken seriously in this deeper way.

And speaking of education, so this is sort of a two-part question. And now that there are several states moving to ban CRT from classrooms all over the country right now, what do you think all this controversy around it might be a response to? I mean one year was so appalling. There was out of students there was only one African-American male in the class. And the students were outraged.

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We were outraged. And one of the messages we were trying to send by creating the program was, look. We are here. And I benefited when I was admitted to Stanford. And that window closed fast, though. I think we are at an inflection point though, right? People are going to choose.

Totally agree with that. And so, for example, the project of the New York times. Are some high school teachers teaching that in their history? And from my perspective, they should, how can you be an educated, even just a citizen of the United States, right? Getting a high school degree, you should know about slavery in this country and about its foundation to the country becoming the country that it is.

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They mean something else when they say Critical Race Theory than what I mean. So, can you give us an example of how you apply Critical Race Theory to your courses and its influence on law and or policy, like, is there like a specific kind of thing you could walk us through to help the listener, understand how you can apply the lens of Critical Race Theory? You know, let me take the example of criminal law, which is of course another course that I teach. Now I teach criminal law to 80 students.

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And my job is not to teach Critical Race Theory in that course, right? But Critical Race Theory can come in to help explain certain things. And so this is just one day that we talk about the broader context. One day out of, what, 38 days of class? Where we talked about this broader historical context. And I say, we must understand the roots of 20th century policing in the slave patrols and in the fugitive slave act. We must understand the connections.

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We must then understand the Black codes after emancipation and reconstruction. It was an effort to contain free Black people and their movement and their freedom and their economic stability.

That the way to explain history and the outcomes, you have to look at it through the lens of race. I mean, this country was founded with slavery as building the economy that we now — a portion of this country thrives upon.

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And in fact, I published an article in January in one of the medical journals saying we should be having race-based vaccination. We should just say outright, this is a disease that is affecting people based on their race. And therefore we need a solution that takes race intobut we would never have that kind of system after the s Supreme court rulings that say, we cannot take race into except in these very limited situations.

Yet, if you look at heart disease and you look at obesity and you look at diabetes, the amount of disparity is about two times what whites have, right? So you look at Blacks, you look at Latinos and you say, oh, so Blacks are two times as likely to have these high risk factors. So how do we start to explain that?

Well, we have to explain that by talking about structural racism.

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Structural racism is what gets us to the fact that we actually have segregated hospitals in this country. I love that perspective of getting back to the root. How do you then counter somebody who might agree with that, but then they push and say, well, what about the individual?

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One of them is the notion of implicit bias. And implicit bias research actually shows us yes. These are true, right?

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