Sexual Orientation Task Force

FINDINGS

Other Workplace Issues

Some gay and lesbian lawyers appear to face additional discrimination because of their sex and/or race

The Lawyer Survey did not ask about workplace discrimination on the basis of factors other than sexual orientation. Nevertheless, a number of respondents commented on the existence of bias on the basis of sex and race. Women in particular submitted comments suggesting that some lesbian lawyers face discrimination in the legal workplace because of their gender as well as their sexual orientation, a double burden (“triple” if they are lesbian lawyers of color) in which it is likely impossible to separate out the effect of each;28 some of the comments also touched on the existence of race discrimination. For example:

The law firm experience I had in Washington, D.C. can be summed up in a single sentence: You are joining a firm led by aging white males; if you can leave your differences at the door and blend in with us, you are welcome. App. C, Comment 196 (heterosexual female respondent)
The firm was a terribly sexist place, and became increasingly so while I was there (which is one reason I left). If this were a survey of gender discrimination in the legal profession, I would give detailed horror stories. But since it is not, suffice it to say that the firm was a boys' club. Its management was dominated by men, and women occupied no positions of actual power. Indeed, there were only a handful of women partners....The men in power took care of each other and their male colleagues (particularly in terms of compensation), while women who performed extraordinary legal work and propped up men who didn't were treated terribly, particularly when it came to compensation and general respect. And as in most parts of society, in order to succeed at any level, women had to be better. Given the sexist culture of the firm and disparate treatment of women generally, it is difficult for me to evaluate the incremental burden that my being an openly lesbian attorney placed on me. Certainly I believe that it did not help on any level, including compensation and working relationships with colleagues. App. C, Comment 304 (lesbian respondent)

Women are frequently subjected to joking and/or thought-to-be-humorous comments that are discriminatory. Women are not promoted as often or without extraordinary qualifications than males. App. C, Comment 165 (heterosexual female respondent)

Only white males were taken on client development dinners… [An outside lawyer] noted that the partners in my firm treated women and minorities like second class citizens. App. C, Excerpt v

In the opinion of one heterosexual female respondent, lesbian and heterosexual female lawyers fare worse than gay male lawyers because of sex discrimination:

To my knowledge, the firm never employed or considered offering partnership to a lesbian attorney. I think the firm's male [heterosexual] partners … would have had difficulty dealing with a lesbian attorney. I think there is more discrimination against women — including heterosexual women — then there is of gay males (white or black), at least that has been my experience and the experience of most women lawyers I know. App. C, Comment 44 (heterosexual female respondent)

As one commentator has observed: “A lesbian fired from her job may find it difficult to determine whether her employer was sexist or homophobic. More generally, homophobia, by forcing particular gender roles on individuals (e.g., women should sexually desire men), can be seen as a manifestation of sexism.” William B. Rubenstein, Some Reflections on the Study of Sexual Orientation Bias in the Legal Profession, 8 UCLA WOMEN'S L.J., 379, 382 (1998). For additional information regarding discrimination encountered by lawyers on the basis of sex and race, see, e.g., THE GENDER, RACE AND ETHNIC BIAS TASK FORCE PROJECT IN THE D.C. CIRCUIT, Vol. I (1995).