Creating space for authentic dialogue about emotionally charged issues related to discrimination in employment, Darius Lee Smith takes pride in his work providing guidance, advice and mediation as the Director of the City and County of Denver Anti-Discrimination Office.
In his role, Darius is responsible enforcing the Denver Anti-Discrimination Ordinance, created in 1990. The ordinance provides protection in 12 areas: race, color, religion, national origin, gender, age, sexual orientation, gender variance (soon to be changed to gender identity and gender expression), marital status, military status, physical and mental disabilities.
“My primary focus is on public accommodations, commercial space, housing and employment, which makes up majority of the complaints that I receive,” says Darius.
When Darius began in his position in 2004, there was a sense among the community that many workplace discrimination complaints were being funneled through a court system that did not provide adequate supports nor satisfactory outcomes.
“In essence, we were clogging up a system that was not fair to disenfranchised people and folks who don’t have an attorney. In many cases, we had a David and Goliath situation, which becomes very frustrating,” he says.
Under the direction of Lucia Guzman, former executive director of the City and County of Denver's Agency for Human Rights and Community Partnerships, Darius was tasked with reforming the Anti-Discrimination Office in 2006. The first important step he took was to bring together community leaders to get their feedback about effective processes of a civil rights agency.
“It was really eye-opening to engage the broader community to look at the process of discrimination complaints. Their opinion was that the City and County of Denver had a wonderful process, but it was under-utilized,” says Darius.
Feedback from the community helped Darius revamp the agency’s processes in handling complaints of discrimination, as they relate to employment issues. By taking into consideration the impacts of lived experiences, Darius and his team of community advisors transformed the process to reflect a people-centric perspective.
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| Darius (third from left) was part of the team that worked on the "Colorado American Indian and Alaska Native Economic Impact Report," which illustrated the $1.5 billion contributions of AI/AN businesses to the state's economy. |
Allowing space for people to speak freely of their experiences, without interruptions and without judgment, Darius likens the resulting practice as a form of “peacemaking.”
“There is power in allowing space for people to speak their truth. What I do for the City of Denver is an indigenous form of resolving conflict. In fact, it has roots in the Navajo tribe, my mother’s tribe,” he says. “The process engages folks to authentically resolve conflict through mediation. Through this process, I remind everyone in the room that this is not court. It’s not about winning and losing. This is about creating a space where the complainant just wants to be heard.”
When conducting mediation sessions, Darius creates a supportive environment for people to feel respected. With attorneys and human resources professionals in the same room, the meeting focuses on giving the complainant the chance to tell their story.
“It’s a very emotional process. These individuals at least get to say how it made them feel. How they were escorted out their place of employment after working there for so many years. They didn’t get a chance to say goodbye to their friends. It’s almost like they did something wrong.”
“What I found was that a lot of individuals did not want money, they just want their dignity back.” In his role, Darius also is confronted with situations of outright discrimination. He investigates these cases to make rulings on probable cause, and if necessary and warranted, issue a “right to sue” letter that essentially clears the path for a lawsuit. However, many complaints are resolved in mediation, to develop consensus to reach a settlement agreement that both sides are happy with and restores the dignity of the complainant.
In his day-to-day work, he meets with many people of color who seek his advice and guidance about alleged workplace discrimination. As a professional of color working in mediation, Darius says that his biracial background helps to establish rapport and trust. Being African American and Navajo, he brings an understanding of the lived experiences of people of color in the workplaces.
“I grew up in the Denver suburb of Montbello. I self-identify as Navajo and Black, and I filter information from this perspective,” he says.
“I understand the challenges of having to deal with microaggressions and a whole host of internalized stuff, everyday. I come from communities that have been silenced and ignored for far too long.”
Recognizing many dimensions of his own privilege, Darius acknowledges that gender dynamics also play an important role. Darius recalls observing how his predecessor, an African-American woman, constantly dealt with challenges to her credibility and knowledge of the ordinance.
“I saw this first-hand in the one-and-a half years that she trained me. She always got challenged on a regular basis about her knowledge of the process and the ordinance, mostly from male attorneys,” Darius says.
“In the 14 years that I’ve done this work, I’ve only been challenged a few times about my knowledge of the ordinance.” In consulting with people who seek resources and advice, Darius relies on communications techniques such as motivational interviewing to get to the root of the issues. He provides guidance on using the administrative due process and helps folks understand human resources tools to advance their goals and resolve disputes with their managers.
Darius also provides candid feedback on communication styles, to ensure that the message and tone are appropriate for systems that are focused on efficiency.
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| Darius with his mother, Bessie Smith (Navajo). |
“As people of color, we come from oral traditions. There’s a tendency for us to process our thoughts as we talk. Sometimes when you’re dealing with systems, with folks who are not people of color, they tend to hear that as being overwhelming,” he says. “In our consultations, I help individuals process the incidents they experienced. I give honest and direct feedback on their communications style and skills so they may effectively exercise their civil rights.”
Throughout his years of helping workers navigate bureaucracies, Darius says that increasing advocacy efforts has been a top priority. In modeling advocacy, he has also inspired his peers to take a more solid approach to creating access for folks seeking help.
“As civil servants, it’s our responsibility to help the community. If I can’t help them because the case is not in my jurisdiction or another reason, I will make sure to point the individual in the right direction. I will make sure that they connect with someone who can help,” says Darius.
Watch the next installation of Colors of Influence’s interview with Darius Smith, as he talks about his work leading the Denver American Indian Commission and his active involvement in Colorado’s American Indian community.