The study, You Can’t Change What You Can’t See, found widespread bias in the “hiring, promotion, assignments and compensation” of those working in the legal field. It was conducted by the University of California, Hastings College of the Law’s research and advocacy wing on behalf of the Minority Corporate Counsel Association (MCCA) and the American Bar Association’s (ABA) Commission on Women in the Profession.
“This study confirmed that many lawyers report exactly the kinds of racial and gender bias long documented by social psychologists,” said Joan C. Williams, founding director of the Center for WorkLife Law. “While research has found that bias trainings are often ineffective, this report includes a new approach to interrupting bias that is evidence-based and metrics-driven.”
According to the ABA, 58% of women attorneys of color and 50% of white female lawyers reported being mistaken for administrative staff or janitorial services, compared to only 7% of white male lawyers.
“This report paints a stark picture of the obstacles that block many lawyers from achieving their potential,” said ABA President Bob Carlson. “The remedies it suggests–using metrics to encourage fairness–will lead the way to better employment practices and greater diversity, which will benefit the entire legal profession and our clients.”
Additionally, the study found “63% of white women, 59% of men of color, and 53% of women of color” reported equal opportunity to receive high-quality assignments. However, 80% of white men, reported having such opportunities. Further, close to half of all female attorneys and women of color said they had credit for their work stolen by another person. And, women taking family leave also reported workplace inequalities.
“This study confirms what many of us have known about the legal profession for some time, that women, especially women of color, face a lot of barriers to success and aren’t measured as equals by their employers and peers,” said MCCA CEO Jean Lee. “We need to take a different approach to diversity issues and use the findings of this study and metrics from across the industry to drive meaningful solutions to combat workplace discrimination in the legal field.”
According to the study, using statistics to objectivity measure performance will help eliminate implicit biases. The study’s recommendations suggest looking for patterns with respect to the men, women and majority and monitory demographics working at the organization.
“The goal is to track the candidate pool through the entire hiring process—from initial contact, to resume review, to interviews, to hiring—and then to analyze where underrepresented groups are falling out of the hiring process,” the report reads. “How much you can track will depend on how your company’s systems are set up, as will the extent to which you will need help from [human resources].”
The study also suggests empowering individuals within the hiring process to “spot and interrupt” bias. Special training for “bias interrupters” in human resources departments is available for those interested, according to information from the ABA