- FINDINGS
- Conclusion
Both the statistics and, in particular, the narrative comments received show that there remains a substantial problem of prejudice toward, and unequal treatment of, gay and lesbian lawyers in the legal workplace. Significantly, many of the respondents who were willing to identify themselves as gay or lesbian on an anonymous survey nonetheless feared, apparently out of concern for their job security and success in their careers, to let their sexual orientation be known to the world in which they work. Moreover, such reticence is not without foundation, as was made clear by the intensely hostile views toward gay men and lesbians expressed by other respondents.30
In the Recommendations section that follows, the Task Force issues a call to the legal community for specific actions to be taken and concerted efforts to be made to ensure that the legal workplaces in and around our nation's capital are truly reflective of equal treatment and opportunity. Like everyone else, gay and lesbian lawyers deserve to be treated fairly in their workplaces, to have the same chance as others to obtain a job, do a good job, and be judged based on their performance and not their status. Giving that “same chance” to the minority is the challenge and obligation of the majority. It is also the only responsible business approach. As many employers have learned with respect to personal characteristics such as gender, marital status, religion, age, race, and ethnicity, a legal employer that refuses to hire or otherwise discriminates against a lawyer based on factors irrelevant to job performance limits its chances of hiring and retaining the best lawyers. Also, because lawyers who are comfortable in their workplace do a better job, an employer that allows a hostile or non-welcoming environment to discourage full participation by gay and lesbian lawyers inhibits its own ability to deliver the best work product possible.
Indeed, beyond good business, there is the human element. Discrimination is degrading—to both the perpetrator and the victim—and it is wrong, plain and simple. It should not be tolerated in our workplaces.
- Studies of potential sexual orientation discrimination conducted by bar associations in other jurisdictions have yielded similar findings. In an article published after this survey was
conducted, a commentator summarized the findings of those other studies as follows:
[T]he studies paint a disheartening portrait of the professional lives of lesbian and gay attorneys. The statistics indicate that many lesbians, gay men, and bisexuals have suffered discrimination. Nearly half remain closeted at work, anxiously micro-managing the performance of their sexual identities to their colleagues, supervisors, clients, and judges. Many lack mentors and support systems and feel excluded from the social network of the bar and firm life by forced single status, if not by their sexual orientation. Almost no gay attorneys receive equal pay for equal work, as their benefit packages do not extend to their partners and partners' children. These factors typically combine to impede progress in the profession in various ways including job satisfaction; progress to partnership; pay equity; firm and bar leadership positions; and elevation to the bench.
William B. Rubenstein, Some Reflections on the Study of Sexual Orientation Bias in the Legal Profession, 8 UCLA WOMEN'S L.J., 379, 392 (1998).
