- Findings
- Hiring, Career Advancement, Compensation/Benefits
- Sexual orientation may hinder a lesbian or gay lawyer’s professional advancement; some employers discriminate against lesbian and gay lawyers because of their sexual orientation
The Lawyer Survey indicates that, just as being gay or lesbian may be the reason for a lawyer’s not being hired in the first place, sexual orientation, actual or perceived, may be detrimental to a lawyer’s professional advancement, and that discrimination on the basis of sexual orientation sometimes does affect decisions on partnership and similar promotions, retention, work assignments and mentoring. Thus, in response to a specific survey question asking whether the individual respondents had “experienced, witnessed or heard” that a lawyer in their firm or employing organization had been passed over for promotion or partnership as a result, in whole or in part, of being, or being perceived to be, lesbian or gay, ten of the lesbian and gay respondents reported that they had experienced such discrimination. In addition, the respondents reported 13 instances in which they had witnessed, and 58 in which they had heard, that their employers had engaged in such discrimination. (Lawyer Survey, Table 22.)The narrative comments, again including comments from heterosexual respondents, also report instances of employer discrimination against lesbian and gay lawyers on the basis of their sexual orientation in partnership, promotion and retention decisions. For example:
I have watched as managers have dismissed staff attorneys as too “sissy” to litigate a particular case. App. C, Comment 275 (gay/lesbian respondent)
It has been made clear to me that, if I had pretended to be more straight, I would have gotten a [promotion] by now. App. C, Excerpt ii.
[After a number of years] at the firm I was [given to understand that the presence of certain attorneys assured that I would never become a partner]. I also know of derogatory remarks that were made about me, and that those remarks got big laughs from some of the more senior attorneys. App. C, Comment 251 (gay/lesbian respondent)
At my prior law firm an attorney was denied partnership because of his homosexuality. App. C, Comment 43 (heterosexual respondent)
I was with a small, conservative firm for several years that constructively discharged a male associate after he disclosed his homosexuality. App. C, Comment 85 (heterosexual respondent)
[A]n apparently gay, but not out, associate was shifted to unpopular work, his work was inappropriately denigrated, and he was passed over for partnership as “just not fitting in” with the partnership. As he had the option to remain as of counsel, his work couldn’t have been the problem. App. C, Comment 122 (heterosexual respondent)
My sexual orientation has deprived me of access to work and clients, income and advancement, professional contacts and job fulfillment. App. C, Comment 282 (gay/lesbian respondent)
At previous position, General Counsel had to intercede and “go to the mat” to save colleague’s job when it became known he was gay. App. C, Comment 286 (gay/lesbian respondent)
My performance evaluations have generally been favorable, and I have received high ratings for my work. Recently, however, I have received strong signals that I am not likely to be elevated to the partnership. The firm is satisfied with my work, and was unable to define any ascertainable problem.... When I discussed these perplexing comments with colleagues, both gay and non-gay, the immediate reaction by all was that the…problem is my sexual orientation. While there is no way for me to confirm the basis for the comments, I expect that my sexual orientation, perceived or actual, will be a bar to partnership. App. C, Comment 291 (gay/lesbian respondent)
- Hiring, Career Advancement, Compensation/Benefits





