EXCLUSIVE 'Is that your family, or a rap group?' Baker McKenzie Belgium Managing Partner steps down as racism investigation intensifies

bakers lands

^{It was their fourth tour of the culture war.}

Daniel Fesler, the managing partner of Baker McKenzie in Belgium, has stepped down from his leadership position pending the completion of the firm's investigation into claims of racism in its Brussels office.

The probe was triggered by a Baker McKenzie lawyer who dropped a bombshell when she quit, using her farewell email to lay out various incidents she alleges occurred during her time at the Brussels office.

In her email, headed “I am not leaving because of my kids :)”, the black associate stated that a “senior-someone asked me if the family picture hanging in my office was a rap album cover”.

Setting out "concrete examples" of the racism she said she had experienced, the lawyer recounted that "a colleague used the N word and was backed up by another colleagues [sic] who told me that 'he doesn't mean it in a bad way'".

The lawyer, whom RollOnFriday agreed not to name, described how a colleague “touched my hair (out of curiosity?)”, and said she was told that her Baker McKenzie e-mail address only included part of her last name “because it would otherwise be confusing for clients”.

The associate said she also heard colleagues “referring to individuals from specific origin by using animal names”, and claimed that she was “yelled at by a staff member because I made comments to management about the fact that blackface had been used during a Sinterklass event”.

In addition to racism, the lawyer implied she had been on the receiving end of antediluvian attitudes towards motherhood.

"I am not leaving because of/for my kids as this appears to be something that still needs to be emphasised in 2022", she said.

"A senior-someone asked if I was going to have a second child (which is something you never ask)", she wrote, adding that when she applied for a role in Dubai "I was asked how I would manage in my situation (this is the word that was used to describe the fact that I have kids)".

She said she tried to stay "as long as possible at BM because I wanted to demonstrate to others that it was perfectly possible to be a very involved parent and have a career at Baker[s]".

Despite the nature of her allegations, the lawyer told RollOnFriday in December, when ROF first learned of her dramatic parting gift, that “I leave the Firm with no bad feeling at all”.

Although her email states that one of the reasons she decided to leave "is the lack of diversity - in all its forms - at all its levels and the impact this has had on my well-being", she also said that "this does not change the fact that I am very happy to have had the chance to start my career at Baker McKenzie", and that she "leaves with great experiences and even greater friends".

Her email calls on Bakers to learn from her account.

"Reading this might almost be as difficult as writing it", she stated, "but changing the current course can only be in in the interest of the Firm. Just look at the amount of talent lost or never found because of such issues".

"What needs to be addressed is inclusion: how can the office look like a safe place to strive for people who are diverging from the 'old white wealthy hetero man'?"

The lawyer said she had suggested the office "organise trainings on inclusive communication, on the notion of privilege", but "without success", and that "the past years have taught me that, as much as I can try I will never fit in".

The departing senior associate described her surprise when she was initially offered an interview at Baker McKenzie, which she attended "without having any hope of receiving an offer because after checking the picture of each person on the website, I did not believe one second that an all-white law firm would hire someone like me (i.e. a brown girl)".

"This is the reason why I arrived at the interview trying to look as white as possible (which is upsetting when I think about it today) and probably why I had the feeling, [after] all these years, that I was walking on eggs".

Despite being hired, she accused colleagues of treating claims of diversity as no more than a business-winner: “For most of you, ‘diversity’ is a nice word used to seduce client teams and strengthen pitches. For some of us (i.e. anyone who finds him/herself different from the typically thinking and looking lawyer at the office), the need for ‘inclusion’ is a brutal everyday reality check”.

“It is very difficult and isolating to try to strive in that environment, that for me, was so hostile to the person I am outside of the office. It is also very heavy to be ‘the only one’ of a specific minority. In my case it is that I am a POC and had my kids at a young age”, she said.

"I have come to a point today where my mental health can no longer tolerate what it has been tolerating for the past years. I can no longer close my eyes in front of very sad biases. I do no longer want to be resilient in front of ordinary racism".

A Baker McKenzie spokesperson said, "We are very sorry that our former colleague had this experience at the Firm. We do not tolerate racism, sexism or any form of discrimination, and we take the issues raised in their email extremely seriously".

They said, "We have had detailed and constructive discussions with our former colleague and colleagues across our Belgian offices”, and explained that the firm's "immediate priorities" were to “Complete the ongoing, thorough review of the issues highlighted”, “Review our channels for reporting and escalating inappropriate behaviour, to make sure they are robust and accessible to all”, and to “Further expand and embed our efforts to create a respectful workplace and culture, consistent with the Firm’s values of Inclusion, Diversity & Equity. This includes third party partnerships and training, and embedding locally a stronger listening and feedback culture”.

The spokesperson added, “We will continue to build a positive, respectful and inclusive culture that lives up to our values as a Firm. We are committed to making any changes needed so that all of our people can thrive."

Bakers certainly has experience firefighting horrorshow cultural issues. The huge firm has seen crises popping up at several of its global offices in recent years. There was the metoo cover-up in London, the bullying problem in South Africa, and then the outbreak of homophobia in the Middle East.

To its credit, in all cases Bakers cleaned house, which went some way towards reassuring staff, dismayed by news from yet another far-flung office, that the firm was serious about the values it espoused.

The potential for one office’s cultural outlook to shock another office is a particular risk for international firms, and is by no means unique to Bakers. Stephenson Harwood’s former Hong Kong Managing Partner reacted with surprise when he was criticised by colleagues in the UK for blacking up as Eliud Kipchoge.

Bakers has moved to excise problem people at the top in the past, and the latest investigation may also claim a scalp.

As well as Fesler temporarily stepping down, anonymous sources identified the “senior-someone” to ROF, and made further claims about conduct in the office.

One insider claimed an individual told a black associate, "Black people have a lower IQ than white people. I wonder why”. ROF has also received allegations that another Bakers lawyer was pressured not to speak out after issues of racism came to light. However, their claims have not been corroborated, and Bakers' investigation is ongoing.

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Comments

"I made comments to management about the fact that blackface had been used during a Sinterklass event"

Common and long lasting tradition in much of continental Europe, no link to the superficially similar historic American practice that people get worked up about.

Frankly, sounds like she's the one that needs sensitivity training here.

We don't all live in the empire of California.

"individuals from specific origin"

Wut?

When did we start using that one?

Is anyone not from a specific origin?

"she accused colleagues of treating claims of diversity as no more than a business-winner: “For most of you, ‘diversity’ is a nice word used to seduce client teams and strengthen pitches"

In a business you say?

An organisation established for the primary purpose of making money?

Shocking stuff.

'We will not tolerate that which we clearly tolerate', said Bakers, before adding an obsequious apology for having been exposed.

Awful, but not unexpected from a management that refuses to deal with issues until far too late

I had my family picture up with three of my brothers and a partner asked if that was a K-pop band. I wasn't offended at all. We had a good laugh and moved on to marking up an SPA.

It's brave to write such a piece.

As shown by the previous comments here on RoF, others, especially lawyers, tend to try and pick holes in any evidence given.

The point is simple. Racism is not OK. She could have stopped at just one example of racist behaviour towards her and that should be enough.

To counter some arguments made,

Sinter Klaus, why do the black face folk have red lips? Yep, it's racist.

The person who laughed off their family being called a K-Pop band. I wonder how pinky-ring wearing posh-o from Harrow would have reacted if you'd of said something similar of his family. Stop sweeping it under the rug, there's only so much room under it.

Best of luck to the ex-Bakers lawyer.

Its a shame, but not surprising, that the comments section here closely resembles that of the The Telegraph.

Bakers didn't act quickly - it RE-ACTED. Is this a firm that is cleaning up its house or too busy trumpeting I&D claims to hide the bad smells? How many times can you say you are sorry, take it seriously, will review - blablablabla....

Too many isolated issues or systemic failure after systemic failure?

RoF next week:

"Shock as Bakers partners found moonlighting fitting pre-payment meters in vulnerable people's houses for giggles"

Not sure why 09:18 got so many thumbs down. Sinterklaas is an old and much loved tradition in the lowcountries. Recent cultural and demographic migrations have sought to erase the traditions of the native people. The aversion to any pale skinned person wearing black, brown or grey on their face in the fear it might upset others is an absurd import from the USA. Previously when powerful cultures sought to erase the culture of the native population is was considered imperialism, now it is championed as progress.

Then again ROF is mostly filled with woke Londoners whose experience of European culture extends to eating at Pret. The rich cultural tapestry of Europe seems to only matter when moaning about a certain referendum it seems.

I don't have any experience of this in the London office and cannot imagine it happening with the people I work with (but yes I know London office has its own history). I am becoming embarrassed to work at Bakers though - one bad news story after another.

@11:00 - but didn't you hear? They had red lips.

As Aston said at 10:29, red lips are slam dunk proof of racism. Centuries of European culture be damned.

Now, grab one of those burning torches and come with me. We're off to burn down Rimmel Lipstick's HQ in the name of diversity.

Red Lips Matter!

I agree with Anon1983. This will be another example of Baker wringing its hands in public after the event, firing someone high profile, and then claiming it has addressed the issue whilst continuing to turn a blind eye to systemic problems and promote its D&I window-dressing to clients.

A lot of the comments on here show just how behind the legal sector really is. The percentage of lawyers that have abandoned private practice post covid compared to pre covid is climbing, because management still haven’t learnt that implementing diversity, work life balance, stress at work support and appropriate pay for long hours worked is crucial for millennials and gen z entering into the profession, not just buzz words for press material. Times have changed and either management will have to evolve or they won’t attract and retain talent and will suffer the consequences. She sounds like a very brave courageous person who has sacrificed her own name reputation and relationships to raise awareness of a critical issue that most law firms are facing (let’s not beat about the bush on that). Hopefully Bakers can learn from this but sadly it sounds like they won’t be doing so without a management transplant.

If the only issue here was Sinterklass we could put it down to a misunderstanding of cultural differences - but it isn't!

@They are right though.. 03 February 23 11:00

You are wrong. The only people left still defending Zwarte Piet are the usual hard right racist clowns. It last happened in my office about 10 years ago, and even then the people involved got a talking to. The countries have moved on, and the large majority of normal people now recognise it's inappropriate. Our associates would be genuinely horrified if we had blackface at a work Sinterklaas event.

Instead, Piet has been replaced with 1) people covered in soot to fit the story they've been down the chimney (without the shoe polish, red lips, or golliwog wig), and 2) people painted in all sorts of different bright colours. The children love it even more than when Piet was in blackface.

Unsurprisingly, you're the one who's completely ignorant of what goes on in Europe.

It would help if the people discussing Sinterklaas could state if they are in fact Dutch or just talking about the Dutch.

I always find it interesting with these the way that people will pick on specific examples to justify as not all that big a deal, possibly with some justification if they were in isolation, while ignoring the context that they're all part of a wider pattern of behaviour.

@Dutchlawyer.

Resorting to insulting those you disagree with on a personal level. Accusing those you disagree with as being racist sans evidence. Claiming that basically no one disagrees with you anyway. "Everyone I know thinks X" mentality. Using a legal office in the Randstad as representative of 18 million people's views. Happily selling out your own culture to fit in with lefty American ideals. Oh and using the preferences of children as a bulwark to support your ideas.

You seem the kind of person who puts a twitter post up about how your 3 year olds cried when Trump was elected and the started pontificating about the importance of recycling to combat the climate crisis.

So.... She puts this all on an email (as stated not for the first time), someone, somewhere (likely earning top money) sits on it until it becomes a headline... Will law firms ever learn?!?

An entire article about Brussels including quotes of corporate lingo and not one mention of waffles. Missed opportunity.

@Perfect example

I'm actually Dutch and know the situation on the ground. Do you, or are you just reflexively defending a racist tradition because it aligns with your beliefs?

"tell me you've never worked in Belgium/NL without telling me..."

@DutchLawyer - what you say is spot on. This is the current climate in the Netherlands.

Alas, @perfectexample’s reference to “recent migration” replacing “natives” tells you all you need to know about him/her. Not worth arguing with the racists who no doubt think “you can’t say anything these days without being called racist”…

Shock news - countries that still celebrate Christmas by ridiculing a fictional black slave by donning black face contain lots of racists, some of whom work as lawyers.

Ah yes, more leftist 'global city' types who think that NL stops going eastward at Utrecht and all that lies beyond is wasteland until you reach Germany. Please continue to explain to me how you know the pulse of the Dutch people while grasping at lazy claims of those who critique you. Your assertions that I am either not Dutch, or that if I am I am simply a racist boer to be ignored.

Strange, I recall growing up mocking other European nations for their class systems, now it appears we have adopted one of our own, the snobs who know better and the normal people who don't want their traditions destroyed.

Perhaps come speak to some people East of the A27 and tell us how we need to be redeemed by your superior globalist, culturally homogeneous virtues.

Why are all the 'Dutch' people calling strangers on the internet racist? I think I preferred the stereotype about them being tall and having nice cycle lanes.

I am a little bit suspicious of these individuals posting as Dutch lawyers. They do not sound like any of the people I have worked with here in Utrecht.

Here we do not regard the traditional Christmas costumes as racist. Nobody involved has ever complained.

But the annual commentary from people who have no interest in the Kingdom of the Netherlands until they can fight their 'culture war' here is now a regular part of our festive calendar.

Dutch lawyers fighting about an article concerning Belgian lawyers. Love it.

Uh oh @Amsterdam does not reflect the Netherlands knows about the roads and geography. Definitely Dutch. Also claims he isn’t racist - definitely checks out. Case closed!

"The aversion to any pale skinned person wearing black, brown or grey on their face in the fear it might upset others is an absurd import from the USA."

Er, no. It's an aversion highlighted by non-pale skinned people, and an aversion which is supported by pale-skinned people who aren't utter weapons. HTH.

They do not sound like any of the people I have worked with here in Utrecht.

Then you hang out with unreconstructed racists. Hopey helpy. Not all Dutch people are racist.

Baker McKenzie spokesperson said, "We are very sorry that our former colleague had this experience at the Firm. We do not tolerate racism, sexism or any form of discrimination, and we take the issues raised in their email extremely seriously". Yada, Yada, Yada!

I bet the woke 'Dutch' lawyers are just one sad person in a flat in Brixton who is having a manic episode and screaming racist at everyone between reddit posts about how toxic JK Rowling is.

Anyway BM has form for sitting on issues they know won't reflect well.

@Dutch lawyer 03 February 23 13:32, Zwarte Piet is still around in NL blacked up. Yes there’s been a big shift to Rainbow Piet but, come on, lose the Afro wig they still insist on wearing even as Rainbow Piet! Oh yes, it’s nothing to do with being black… yeah right. It’s insulting and uncomfortable for most decent folk. As an ex-pat UK person of colour living in NL for many years i have no qualms saying that NL is behind on diversity as is our neighbour Belgium. Fair dues to the ex-Bakers lawyer for calling it out

Quite aside from the Sinterklass debacle, the hostile environment/acts/comments this woman was subjected to is shocking.

Why would you touch a colleague’s hair “out of curiosity”? Why would you ask if her family is part of a rap group? Even if said in jest, the point is that it’s perpetuating the stereotype that black people are only fit to rap, etc. etc.

Sadly, this is not the first time I hear of this being done to a black woman (the hair touching bit). Touching people’s hair without their consent is not on guys. Also not the first time I hear of someone of colour having to deal with ignorant comments from law firm partners. Been there.

Finally, it goes without saying that the comments here are being made by people who have never experienced any form of racial prejudice like the subject of this article has leading them to say that she needs sensitivity training and also to be so hung up about Sinterklass. What the heck. Being against racism is not being “woke”, it’s being a decent human being.

@Waffles 03 February 23 16:35

My thoughts exactly. For a profession that relies on careful concideration of evidence, the massive up- or down-voting is rather peculiar considering the total absence of evidence. Since other comments is far less voted on, I smell astroturfing.

"the normal people who don't want their traditions destroyed."

Fun fact: if you are trying to defend racism on the basis of it being traditional, you aren't normal. Soz, m5 - you are a dying breed.

I just met an Indian nurse to witness some documents for her. I asked her about the pronunciation of her name, tried to say it, and asked about her beautiful traditional garb in her passport photo and whether it was for religious or traditional reasons (it's tradition). I was being nosey because I'm curious and also to make small talk. Was it racist to ask questions? If we can't ask questions then we should just give up.

The racism referred to in the email is no doubt real and it goes beyond what is and should be acceptable. My comment is not aimed at that.

But moving to a place where we can't ask questions about others and their cultural background. would be a sad and lonely place to move to.

Was it racist to ask questions?

Not those ones.

If we can't ask questions then we should just give up.

Yes, because clearly the fact that some questions are racist should mean we can never ask a question of brown-skinned person ever again. You are so right. Btw, YRUSAP?

Sorry anon at 1243 but you too are missing the point.

you say:

”But moving to a place where we can't ask questions about others and their cultural background. would be a sad and lonely place to move to.”

Nobody is saying that one cannot ask about cultural background. Surely touching somebody’s hair without consent, asking them if they are part of a rap group and the other stuff done to the lady is beyond the examples you give?!!!