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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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.

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.

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.

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