Sexual Orientation Task Force

FINDINGS

Daily Worklife

Some lawyers, clients and staff refuse to work with lawyers whom they know or believe to be lesbian or gay

The data (see Lawyer Survey, Table 21) and the narrative comments indicate that some lawyers, clients and staff refuse to work with lawyers whom they know or believe to be lesbian or gay, and that lesbian and gay lawyers make some of their colleagues and clients “uncomfortable.” More than a quarter (26.5%) of the random sample group of gay and lesbian lawyers, 31.0% of the purposive sample, and 8.8% of the heterosexual respondents reported having experienced, witnessed or heard of an occasion when a client, supervising lawyer, junior lawyer, or non-lawyer staffer had declined to work with a lawyer on the basis of the lawyer's actual or perceived gay or lesbian sexual orientation. (Lawyer Survey, Table 21.) The narrative comments elaborate on this. For example:

[A] new attorney [was] assigned to work with me after [that person's sexual] orientation became known, and the [managing attorney] refused to work with [that person] (on Day #1) as a result. The [person's] the best lawyer I've ever supervised.... App. C, Comment 92 (heterosexual respondent)
An employee of a client organization told a 3d party that she did not wish to be interviewed by a lawyer in my organization because [the lawyer] was gay. App. C, Comment 27 (heterosexual respondent)

One of my friends at the firm told me that one of the senior male partners told [my friend] that I made him uncomfortable. When [my friend] questioned whether this was because I am gay, he denied it, but [my friend] did not believe him. App. C, Comment 304 (gay/lesbian respondent)

I have witnessed clients say that they are uncomfortable with those of a different sexual orientation. App. C, Comment 171 (heterosexual respondent)
A … partner … told me that the male partners were uncomfortable with me. App. C, Excerpt xxii I have seen associates criticized behind their backs because of “faggot behavior” and kept from certain clients because of it. Our management person once (some years ago) expressed disgust with faggots (he is no longer with the firm). App. C, Comment 76 (gay/lesbian respondent)