2. FINDINGS
   3. Other Workplace Issues
      4. Gay and lesbian lawyers often seem “invisible” to their heterosexual colleagues in the workplace

Nearly three-quarters of the random sample group of lesbian and gay respondents and approximately 85% of the purposive sample reported that there is at least one openly lesbian or gay lawyer in their workplaces. (Lawyer Survey, Table 11.) By contrast, fewer than half of the heterosexual respondents and of the employer respondents thought this was the case. (Id.)26 This disparity in responses is noteworthy, and may have a number of explanations:

* It may be the case that, in reality, there are no openly gay or lesbian lawyers in the workplaces of many of the heterosexual respondents. There is, of course, no way for us to know;27

* Members of a group may recognize other members of that group more often than do non-members. However, since these Survey questions specifically inquired as to openly gay or lesbian lawyers, this surely cannot be the entire explanation;

* Or, some heterosexuals may presume that everyone else is also heterosexual, and may fail to consider the possibility that there are gay and lesbian lawyers in their workplaces. This presumption of heterosexuality renders gay men and lesbians “invisible,” putting a burden on them not imposed on heterosexuals of having affirmatively to inform others of their sexual orientation. In addition, overlooking the possible existence of gay and lesbian lawyers in the workplace may well allow for and contribute to the inhospitable workplace environments reported by a number of the respondents to the Lawyer Survey.

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26. Similarly, nearly a quarter of the heterosexual respondents but fewer than 7% of the lesbian and gay respondents said that they did not know or were not sure whether there was an openly lesbian or gay lawyer in their workplace. (App. A at Table 11)
27. It does seem unlikely, however, that in so many workplaces, particularly large ones, there would be no gay or lesbian lawyers at all, which might mean that the workplace atmosphere in such organizations is not conducive to a gay or lesbian lawyer's being openly so. As one of the heterosexual respondents commented:

    The fact that I am not aware of any openly gay or lesbian lawyers may suggest an atmosphere in which such orientation may be — or at least may be perceived to be — unwelcome. I say this because any randomly selected population of [more than 100] people, it seems likely that at least one or two would be gay/lesbian. Thus, either we have an unusual population in our groups of lawyers, or there are “closeted” homosexuals. App. C, Comment 59 (heterosexual respondent)

    Another heterosexual respondent made a similar comment:

    I work in what seems to be a very tolerant place, but I would suspect many partners here of reluctance to recruit openly gay attorneys for fear that it would alienate clients or make them uncomfortable. I haven't seen or heard anything to substantiate this; it's just my impression. I would guess, however, that lots of gay attorneys get the same impression and are therefore reluctant to be open about their sexual orientation. App. C, Comment 54 (heterosexual respondent)

    Indeed, the data and comments regarding the daily workplace for so many gay and lesbian lawyers (Section II. B, above) suggest that these respondents are correct.