Blog #26

A 1995 study from the California Bar Association addressed the issue of gender bias in the law. It clearly points out the ongoing presence of bias from acceptance of stereotypes about women to the limitation in career advancement based on gender. Their survey showed that 85% of women lawyers surveyed perceived subtle but pervasive bias but 76 % also responded they would still choose to become lawyers. Two thirds felt they were not accepted as equal by their peers. Interestingly, the more women that worked in particular firm the greater the sense of fairness. It may be when more women are employed at a particular workplace less is attributed gender. Sandra Day O’Connor noted in her last book what a relief it was when Justice Ginsberg arrived at the court; when O’Conner was no longer the only woman the sense that all she did that was different was because she was a woman diminished. In the California study 62% of female lawyers believed that they did not have much opportunity for advancement as male lawyers. Some attributed gender bias to female layers not being part of the old boy network. A full 65% said they did not make any career changes due to these perceptions of negative bias. Interestingly, the sense of bias come from many directions. 76%noted that bias from opposing counsel, 64% noted it from clients, 48% from superiors and 43% from peers. The other data that really provides blatant evidence of gender bias is the sheer number of women who have advanced to levels of partner and to judge or professor or Association leads. Clearly the pipeline theory of putting more women in the pipeline at the bottom level has not caused as much advancement up through the ranks as would be expected if this theory were true. The truth is career development is not just a matter of years in place working hard. There is a great deal to the support and direction of supervising staff, which for the legal field is occupied by men. Guidance to young lawyers focuses on several point that help this development. One is to develop meaningful relationship. This suggests time and effort spent to know people of power inside and outside of the law. Interestingly, when it comes to the business world it seen as equally bereft of women in positions of power. Another suggestion is to find mentors; clearly a step more easily established by males because o f sheer numbers. In one study from the University of Calgary, there was a statistically significant difference in outcomes of satisfaction when mentors for women were women. That relationship building had a different dimension when it was a mentor of the same sex. Still surveys have also shown that many women prefer male bosses. Women employed expected a female boss to be more sympathetic and when the boss was demanding they felt betrayed. Women accepted the hierarchy form men and tolerated their yelling and bad behavior; there just wasn’t an expectation of befriending from their supervisor when he was male. It is simply a fact of the time that men do influence and can assist female lawyers in career advancement because they are holding the seats of power in more numbers, and overcoming the pervasive prejudice is necessary to equalize the opportunities for advancement for women.