THE ROLE OF GENDER IN THE PROFESSIONAL ADVANCEMENT OF LAWYERS IN THE UNITED STATES

Abstract

This this investigates three major problem areas faced by women lawyers in law firms: the leadership pipeline, work-family conflict, and sexual harassment. The goal of this research is to create policy solutions to these persistent issues. In order to identify problems for women in law, there are surveys statistics showing perceptions of lawyers’ experiences in their firms. Each chapter then provides an analysis of the shortcomings of current policy and new recommendations to improve the status of women in law. The surveys included come from various bar associations polling lawyers nationwide. The policy recommendations were created through a synthesis of existing literature combined with the input from women lawyers on what protections they currently lack. The leadership pipeline’s structure actively hinders the career advancement of female lawyers. Women do not have the same promotion opportunities as their male colleagues. Lateral hiring, male-oriented client acquisition strategies, and inadequate mentorships allow leadership to only respect and reward those similar to themselves. Since most senior lawyers and partners are currently men, this means that partners are promoting men more often than they are women. In order to combat this practice and allow women to become involved in firm leadership and improve their skillset, there are several policy measures which could curb the shortcomings of Title VII and Women’s Initiatives within firms. These may include allowing women to provide constructive and honest feedback to their firms regarding hiring procedures, altering Women’s Initiatives and other firm committees to allow women to have more of a voice on firm policy, and addressing the gender hierarchy through research and analysis led by firm leadership. The work-family conflict further exacerbates the limitations on women in law, as it affects the careers of mothers more than fathers. Traditional gender norms are persistent through both law firm culture and the expectations put on lawyers. Women can face repercussions for taking part-time arrangements because consequently they log less billable hours than those who do not, making them less qualified for promotion. The hyper competitive nature of firms forces lawyers to work harder for more hours in order to succeed and be promoted towards partnership. Since these ideas are signifiers of commitment to one’s work and firm, those who take part-time and use family-friendly policies are evaluated lower. The Pregnancy Discrimination Act and Family and Medical Leave Act, both amendments to Title VII, are not adequate in protecting mothers from firm culture’s perceptions of them and discriminatory actions towards them. Firm policies attempting to do so also fall short. In order to improve the situation for lawyer mothers, firms should consider improved mother-friendly policies that cater to the needs of individual women, a revised maternity leave, providing access to high-quality childcare, and flexible scheduling. Sexual harassment towards women in law firms negatively affects their emotional state, productivity, and can lead to attrition. It has become accepted within maledominated firm culture, deterring women from reporting these instances. Both Title VII’s harassment protections and the current state of firm policy have yet to protect women from perpetrators, leaving them to either endure continuous harassment or be forced out of their firms. In order to combat the negative effects of the prevalent sexual harassment issue, firms can implement trainings, anonymous reporting, or explicit policies to inform women about their external restitution options.