GENDER BIAS IN THE LAW
Solo & Small Firm Section
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Sexual harassment, pay
differences, and other
gender-related offenses
still exist in today’s society,
even in the legal arena.
L
awyers live in modern
times and theoretically
conduct themselves in
a civilized, professional
manner. Nonetheless, in September
2016, the American Bar Association
adopted a new anti-discrimination
rule, Rule 8.4(g). The new rule
provides, it is professional
misconduct to:
It is professional misconduct for
a lawyer to: (g) engage in
conduct that the lawyer knows
or reasonably should know is
harassment or discrimination on
the basis of race, sex, religion,
national origin, ethnicity,
disability, age, sexual orientation,
gender identity, marital status or
socioeconomic status in conduct
related to the practice of law.
What does it say about the legal
profession that the governing body
felt the need to create a rule specifi-
cally outlawing discriminatory or
harassing conduct? Sexual harass-
ment, pay differences, and other
gender-related offenses still exist in
today’s society, even in the legal
arena, which holds itself to a height-
ened standard of professionalism.
Last year, The Florida Bar’s
Young Lawyers Division released its
findings from a 2015 YLD Survey
on Women in the Legal Profession
(see The Florida Bar news release
dated February 26, 2016). The
survey of over 400 female attorneys
revealed many had suffered
harassment and gender bias. This
bias came from a variety of sources,
including the court, opposing
counsel, and even employers. Also,
according to the survey, 21 percent
indicated they were not paid fairly
in comparison to male attorneys.
Both men and women should be
aware of these issues. Both should
be open minded about subjects
such as parenting, managing work
expectations, and identifying biases
when working together.
With the ABA Journal announcing
in an article last spring that women
may ultimately outnumber men
attending law schools in 2017, times
surely are changing (see ABA Journal
online article March 16, 2016). One
wonders if these women will face the
same hurdles and struggles that their
female predecessors experienced.
By drawing awareness to these
issues, we can be
mindful of them
and hopefully
eliminate them
in the future.
Author:
Kristen A. Foltz -
The University
of Tampa
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