- FINDINGS
- Other Workplace Issues
- Many gay and lesbian lawyers believe it would be detrimental to
their careers for them to be openly gay or lesbian
Just over half (50.5%) of the random sample group of lesbian and gay lawyers reported
that they consider themselves to be openly gay, which means that almost half are “in the closet.”
(Lawyer Survey, Table 9.) While a substantially higher proportion of respondents in the
purposive sample (84.9%) reported that they are openly gay, the remainder, almost a sixth, said
they are not. (
Id.) Considering oneself openly gay or lesbian, however, does not translate
directly into being known to be so by other lawyers in the workplace. Thus, less than two-thirds
(55.2%-65.1%) of the lesbian and gay respondents in the purposive sample believe that
“most/all” of the categories of other lawyers (seniors, peers and juniors) in their place of
employment are aware of their sexual orientation; these figures are less than 40% for the lesbian
and gay respondents in the random sample. (Lawyer Survey, Table 10.) Taken together, these data suggest not only that many lesbian and gay lawyers believe it advisable not to be “out” at
work, but that even among those who otherwise consider themselves to be openly gay there are
some who are not openly gay at work. For example, as one respondent stated:
I am openly gay in all aspects of my life except work.... There is no question in my mind
whatsoever that if executive management, or the business professionals I serve, knew of
my sexual orientation, I would suffer immediate loss of credibility and would be
considered less competent than my heterosexual peers.... Therefore, I am very quiet
about my private life and do not bring my same sex partner to office social functions. We
have been together [for many] years … [and] it pains me that I can neither introduce my
partner at work nor talk about our life together and how proud I am of [my partner]. The
simple joys of sharing the most important part of one's life with work acquaintances are
denied me because the consequences of doing so would seriously jeopardize my ability to
perform my job, and quite possibly the job itself. App. C, Comment 332 (gay/lesbian
respondent)
In fact, slightly more than half (51.8%) of the random sample group of lesbian and gay
lawyers believe that it would be detrimental to the career of a lesbian or gay lawyer for that
person to reveal his or her sexual orientation to superiors. (Lawyer Survey, Table 15.) And
slightly more than half of those respondents also believe that it would be detrimental to discuss a
same-sex partner in the office (50.5%) or to bring a same-sex partner to a work-related social
event (53.2%). (
Id.) Only slightly less than half (47.3%) believe it would be harmful for a gay
or lesbian lawyer to display a photograph of his or her partner in his or her office. (
Id.)
22 In other
words, many gay men and lesbians believe that it would be detrimental to their careers for them
to talk about their lives or otherwise communicate their sexual orientation in ways that
heterosexuals routinely do and take for granted.
The toll that can be taken by keeping significant aspects of one's life a secret and living
in fear of disclosure of one's sexual orientation was commented on by one respondent as
follows:
[M]y gay partner died of AIDS. Except for a few friends, no one at work knew about the
relationship, let alone its end. I had great difficulty meeting my regular work schedule
while caring for him.... [H]ad I been married to a heterosexual woman who had been
dying of a terminal illness…everyone at work would have known and offered me moral
support. App. C, Excerpt xvii
- The percentages of those believing these actions or communications would be
detrimental are lower for the purposive sample, though still higher than for the heterosexual
respondents. (Id.)
