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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The Rhetoric of Choice Obscures Our Social Obligations to Parents

January 30, 2020
Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

Female Flight Attendants and Pilots File Discrimination Suit Against Frontier Airlines, Alleging Discrimination against Pregnant and Nursing Mothers

January 13, 2020
Gender Discrimination
Pregnancy Discrimination
Two lawsuits were filed against Frontier airlines alleging that the Company required pregnant employees to suspend work duties months before they were scheduled to give birth, forcing employees to use their vacation days in lieu of paid time off, take unpaid maternity leave without Frontier providing alternatives for work, and refuse to accommodate breastfeeding and pregnant workers.

New Report from Uber Highlights the Risks of Driving in the Gig Economy

January 6, 2020
Sexual Harassment
Among the most significant risks to Uber drivers were those in the form of sexual and physical assault on the job, with 42% of assault cases being reported by drivers. The most common assault reported by drivers and riders was "non-consensual touching of a sexual body part," with 1,560 cases reported in 2018 alone.

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