1. FINDINGS
   2. Daily Worklife
      1. Derogatory comments about lesbians and gay men appear to be not uncommon, and to be considered acceptable in some legal workplaces

The data (see Lawyer Survey, Table 22) and the narrative responses demonstrate that, in a number of legal workplaces, lesbian and gay lawyers are subjected to offensive remarks about their sexual orientation and/or about lesbians and gays in general (as are heterosexuals who also find such remarks to be repellent). Twenty-eight of the 242 gay and lesbian respondents and one of the heterosexual respondents reported having experienced in their own workplaces direct verbal harassment or having been the subject of derogatory remarks when present as a result, in whole or in part, of being, or being perceived to be, lesbian or gay. (Lawyer Survey, Table 22.) In addition, a total of 34 respondents reported having witnessed, and 67 reported having heard of, such an incident in their own workplaces. (Id.) Somewhat larger numbers of respondents reported having witnessed or heard of derogatory remarks being made about a gay or lesbian lawyer in their workplaces behind that lawyer's back, based in whole or in part on the fact that the lawyer was, or was perceived to be, gay or lesbian. (Id.)

The narrative comments suggest that these sorts of disparaging remarks are considered acceptable in some workplaces; indeed, sometimes they come from partners or managers. For example:

[The senior attorney] is openly hostile to gays and lesbians. He is very vocal about it. This individual habitually initiates discussions in which he expresses his disdain for gays and lesbians. App. C, Comment 111 (heterosexual respondent)

Managing partner openly refers to gays as “faggots.” App. C, Comment 339 (gay/lesbian respondent)

… [S]enior partner … engaged in a mild debate with another partner regarding the origin of a particular piece of literature and spent a full five minutes on his opinion of how unnatural and disgusting homosexuality is. App. C, Comment 196 (heterosexual respondent)

[S]enior … partner would corner associates and rant and rave about God's punishment (AIDS) for immorality and the “sickness,” etc. He even sponsored anti-gays in the military meetings at the law firm. [Associates who complained] were told to “grow up.” App. C, Comment 190 (heterosexual respondent)

On one occasion, an attorney here posted [on] the glass front of his office a newspaper column suggesting that AIDS was the just retribution of God against individual sinners. No one in the company told him to take it down. App. C, Excerpt vi

Some partners in the firm even called gays “homos,” “faggots,” and “man-haters.” … I also personally heard partners make anti-gay remarks about [a] gay…associate in the office. App. C, Excerpt iv

I have often heard derogatory remarks and jokes about gays and lesbians, made by people who don't know I'm a lesbian. App. C, Comment 311 (lesbian respondent)21

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21. As some of the foregoing examples indicate, the comments received also reflect derogatory remarks about HIV/AIDS and discrimination against persons with HIV or AIDS. Although sexual orientation discrimination and AIDS discrimination are often linked, the Task Force concluded that an investigation of the existence of HIV/AIDS discrimination in the legal workplace was beyond the scope of its mandate. It should be noted, however, that the Americans with Disabilities Act prohibits discrimination against persons who have HIV or AIDS, even if they are asymptomatic. Bragdon v. Abbott, 524 U.S. 624 (1998). Information on providing reasonable accommodations to lawyers or staff members living with HIV or AIDS may be obtained from a number of sources, including the Centers for Disease Control National AIDS Clearinghouse, 1-800-458-5231.