Editor's note: This is a response to a Vivia Chen column titled “Who Is Hispanic?“ 

I don't mean to be harsh, but from the outset I have to say that the idea that your problem with writing about Hispanic challenges in the legal profession is due to our diversity is, frankly, an easy cop-out. Has the diversity of being black (West Indian, African or African American) or Asian (Chinese, Korean, Taiwanese, etc.) or East Asian (Indonesian, Indian, etc.) ever prevented you from commenting on their issues? No, nor should it. To quote an unnamed recruiter who in their ignorance told you it is a “matter of skin color” which makes commenting difficult for you, do the different shades of black or Asian skin also have the same effect on your writing? No, nor should they.

Now, in fairness, I do not have a magic bright-line definition of Hispanic. None of us do. The definition of Hispanic is one of debate among ourselves. The label—Hispanic, Latino, Latinx—is also debated. Arguably, having a bright-line definition to make a check-off box counter happy is probably not a good idea anyway. Someone is going to be unfairly left out. The Office of Management and Budget in their Federal Register Notice leaves it as a matter of self-identification, writing that “the racial and ethnic categories set forth in the standards should not be interpreted as being primarily biological or genetic in reference. Race and ethnicity may be thought of in terms of social and cultural characteristics as well as ancestry.”

Consider myself. My mother was born in Puerto Rico and my father in Cuba. They met and married in New York. I was in a doctor's office in Harlem, not in a Hispanic country. Further, due to the fact that my older brother is disabled, only English was spoken in our home to make assimilation and growing up easier for him. As a result, my Spanish isn't the best. I'm fair-skinned. Am I not Hispanic? Clearly my peers think so, because I was recently elected as president of a major Hispanic lawyers' organization. You see, despite our internal debates we have few problems recognizing each other.

We are gladdened that you recognize more coverage of our legal community is due, and we wholeheartedly welcome it. Here are some suggestions going forward and how we would like to engage in the process with you.

  1. Call us. I have no doubt that any leader of the myriad Hispanic Bar organizations in his country would love to engage you in discussion on the topic.
  2. Meet us. You will find we would be more than happy to sit down with you and then you will see that we come in as many shades—from Blancito to Negro—as can be imagined. We consider that one our greatest strengths and gifts from God, not as a hindrance or a rule for exclusion.
  3. Join us. In any given month we have scores of events (many announced in ALM publications) where you can come see and hear the incredible panorama of the Hispanic experience.

As a group we look forward to your being part of this exploration and debate with us.

Thomas M. Oliva is president of the Latino Lawyers of Queens County New York, past board member of the Puerto Rican Bar Association, member of the editorial board of the New York Law Journal and is a senior trial attorney at the personal injury firm of Pena & Kahn.