May 13, 2021

Wage Gaps and Cutthroat Culture Highlight Gender Disparity, ABA Report Finds

     

In a new report undertaken by the American Bar Association, several key aspects of the legal profession are causing women attorneys to consider leaving the field, notes Law360. Among the most significant factors are the persistent pay gap based on gender and the hyper-individualistic, competitive nature of the industry, which often pits lawyers against one another, degrading any sense of community workplace culture. Such cutthroat culture leads to attorneys feeling isolated.

The study, written by Joyce Sterling and Linda Chanow, utilized focus groups and interviews with 100 lawyers. The researchers focused on factors that influence lawyers to remain in the profession, switch jobs, or leave the industry entirely. Forty percent of lawyers who left the profession in 2019 were women, yet they constitute only 37% of all lawyers and only 25% of partners.

Among respondents, the researchers noted that women of color were even more likely to experience these factors, which is confirmed by their attrition rates, higher than any other group in the profession. 

The ABA report also gibed with other long-term studies that note many women in the legal profession exit the field at the zenith of their careers, which has a knock-on effect because these professionals have accrued significant power and influence within the profession and yet, for the reasons noted by the ABA researchers, they choose to leave, which affects not only their individual careers but lessens the power they have to improve conditions for early-career lawyers.

According to Sterling and Chanow, unless the profession undertakes major overhauls, these disparities will continue, and likely worsen. They call for more focus on “longevity” and retention as well as an increased focus on providing resources for women who, as we’ve noted before, have significantly more social reproduction responsibilities.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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