Study finds persistent bias in legal profession against women, minorities

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Women and people of color in the legal profession continue to face barriers in hiring, promotions, assignments and compensation, according to a new study released by the American Bar Association this morning.

The New York Times reports the study proposes strategies for employers to eliminate the barriers. It was conducted by the Center for WorkLifeLaw at the University of California, Hastings College of the Law, for the bar association’s Commission on Women in the Profession and the Minority Corporate Counsel Association.

Michele Coleman Mayes, former chairwoman of the commission, said she oversaw the report, called “You Can’t Change What You Can’t See: Interrupting Bias in the Legal Profession,” because she was dismayed by statistics on men of color and women in top positions—and the way that law firms and organizations were talking about diversity.

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The most commonly used training materials and leadership courses focused on how individual lawyers could overcome barriers in the workplace, she said, rather than on removing those barriers.

“That’s only half of the equation,” she says. “We’re hoping that people can look at the systems, and not put so much weight on the individual.”

The researchers had 2,827 lawyers fill out online surveys in spring 2016 about their experiences at work. The surveys were distributed by the bar association’s email list and other professional networks. The association has roughly 400,000 members.

They found that many women and people of color felt they were held to a higher standard than white men. That feeling was most prevalent among women of color, who reported the highest levels of bias in almost every category.

About half of the women of color said they felt they had equal access to the kind of “high-quality” assignments that lead to exposure and advancement in an organization. Among white men, that number was 81%.

Women of all races said they had to walk a “tightrope” in their behavior. They reported pressure to behave “in feminine ways” and a backlash for exhibiting stereotypically male behaviors. They were more often saddled with “office housework,” like taking notes, ordering lunch or comforting a co-worker in distress.

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