October 21, 2020

Annual Law360 Survey Shows Gender Gap in the Legal Profession Remains Wide

Increased awareness and focus on gender disparity at law firms has done little over the last year to make gains within the profession, especially at its highest levels, reports Law360 in its annual glass ceiling survey. Female representation at private law firms remains paltry and with the radical reorganization of home and work life as a result of the global pandemic, even these slight gains are imperiled. 

Law360’s report provides an in-depth account of representation at firms countrywide, and the prognosis is not good. According to the press release, “gender parity [remains] virtually at a standstill” and with all the developments since the survey, the outlook for the site’s 2020 report looks little better. 

With completed surveys from more than 300 firms across the country, including 87 of the top 100 biggest firms, the numbers look similar to years past. In 2019 women accounted for 37% of all attorneys and only 25% of partners. More distressingly, female representation in entry-level positions moved up by less than 1% when compared to the 2018 survey. As the press release notes, this fact contrasts so greatly with the enrollment numbers at law schools, where women have been at least 40% of the matriculated student population for decades.

Adding to the outlook are similar numbers from the New York State Bar Association which notes that women as lead counselors remains essentially unchanged over the last three years. Additionally, in particular areas of law, especially those practicing at Patent Trial and Appeal Board, the disparity is even greater, with only 10% of those attorneys being women.

As we have noted time and again at the Berke-Weiss Law blog, the pandemic is having a profound effect on women’s participation in the workforce at all levels, from domestic workers all the way to white-shoe firms. For the first time since the BLS has kept employment statistics on women in the workforce, women outnumbered men in the unemployment rolls and there has been significant pressure for women to leave the workforce to resume full-time home care work, which Law360 worries may affect their 2020 survey.

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In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

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