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2000 The Glass Ceiling in Law Firms: A Form of Sex- Based Rebecca Korzec University of Baltimore School of Law, [email protected]

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Recommended Citation The Glass Ceiling in Law Firms: A Form of Sex-Based Discrimination, 2 J. of Discrimination L. 251 (2000)

This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. The Glass Ceiling •In Law Firms: A Form of Sex-Based Discrimination Presented at the Stetson University College of Law /4Ih Annual National Conference on Labor and Employment Law: Criticia//ssues for 2000, March 23-24, 2000, Clearwater Beach, Florida

I. Introduction Although women have made substantial strides in the work world, overcoming significant obstacles and earning the right to earn a liv­ ing in the , they have made anything but impressive progress in the . Today, women comprise almost 50 percent of entering classes-an impressive increase from eight percent in 1970.1 In addition, women comprise almost 39 per­ cent of all associates,2 a drastic improvement from 2.9 per­ cent in 1969.3 However, these increases have not resulted in a By Rebecca Korzec significant increase in the percentage of women partners in law firms, Rebe cca Korzec is a Pro­ where women comprise a mere 13 percent of all partners.4 Clearly, fe ssor of Law at the U rii­ these statistics demonstrate that the number of women partners is versity of Baltimore disproportional to the number of entering law students and the num­ Sc hool of Law. She has ber of female associates. taught courses in ad­ vanced commercial trans­ At a certain level, women collide with a "glass ceiling," actions, comparative civil an invisible, artificial barrier which prevents women from being liberities, consumer pro­ promoted to management and leadership positions within a busi­ tection law, , le­ ness or firm. 5 "The glass ceiling 'represents a subtle form of sex gal analysis, research and writing, products li ab ility, discrimination-unwritten, generally unspoken, but very perva­ , sales, and sex­ sive.' Its presence is reflected in trends and statistics which con­ based discrimination. sistently reveal women's underrepresentation in and Pri or to teaching, Pro­ management positions."6 fe ssor Korzec was an As­ sociate at the law firm Scholars have advanced numerous theories to explain the glass ceil­ of Venabl e, Baetjer and ing in law firms. Some scholars argue that the glass ceiling is at­ H oward in Baltimore, tributable to women's shortcomings, rather than to discrimination, Maryland. She was a despite the fact that women enter law school with better qualifica­ Visiting Professor at tions than men. 7 Others have suggested that "the glass ceiling ex­ the University of Aber­ ists as a result of either organizational or negative attitudes deen in Scotland. Cur­ rently, she is a Facu Ity · held by decision makers regarding female candidates' abilities and Associ ate at the qualifications for promotion to senior-level positions, rather than Hoffberger Center and · the candidate's qualifications and choices."8 Some argue that a Fell ow at the Center · it is "blatant discrimination against women in the promotion-to- o f International and · partner process [that] may explain the scarcity 9f female partners."9 Comparat ive Law.

© 2000 CCH INCORPORATED 251 V) This article focuses on whether the glass ceil­ Both men and women perceive women as less E ing formed as a result of sex discrimination, business-oriented than men.15 Women do not .-~ blatant or subtle, or whether it formed as a re­ have the same level of client contact as men u.. sult of women lawyers' differing qualifications through involvement in activities which tradi­ or career choices. It explores many aspects of tionally have provided men with a business net­ ~ law firm culture, including business develop­ work. Women do not have "access to social .J ment, mentoring, and the demands and pres­ networks that men use to develop business rela­ C sures associated with becoming a partner. tionships" and women need to devote more ef­ Moreover, it addresses family issues and the forts than men in developing contacts. l6 Men bO C effects of family life on succeeding in a law firm develop business contacts through college and environment. Finally, it discusses the effects of law school friendships; often these male friends CJ sex discrimination, sexual harassmen t, sex ste­ attain senior management pOSitions having the U reotyping, and the devaluation of women in law power to hire attorneys.J7Because it takes less time V) firm partnership. to become a senior associate or partner in a law V) ro firm than it does to become senior management II. Factors Contri buting to the in a corporation, women who reach the senior l? Glass Ceiling level in law firms generally are much younger C) than their female eqUivalents in the business ..c: A. Business Development world, leaving women lawyers without signifi­ J- In today's cost conscious society, clients have a cant contacts. IS Moreover, most decision makers "bottom-line mentality" and are no longer loyal in corporate America are men,l9 and most people to their law firms.lO Law firms cannot "depend prefer working with in~ividuals who are most on client commitment; the days when firms like themselves 20 Significantly, networking and could wait for business and bill fees that went client development often occur at sporting events unquestioned are gone. Today, clients shop or on the golf course. Men perceive women as around for law firms, parceling out their busi­ unwilling to attend these events even if invitedY ness to different firms and demanding more ac­ countability."ll Therefore, law firms place Women who wish to attend social and athletic increased pressure on both partners and asso­ events experience difficulties. Often they have ciates to develop and retain business. less time than men to devote to client develop­ ment because men frequently have time to take Lawyers who obtain many clients or generate clients out to breakfast, lunch, and dinner. 22 large sums of money for the firm are labeled "rain­ Women, frequently, have obligations outside the makers."12 Rainmaking is the act of securing and firm , as primary caregivers in their familiesY retaining clients. Generally, lawyers use three Therefore, women tend to have lunch with cli­ methods to secure business: (1) senior partners ents, rather than dinner. "But even for women may refer business internally to a ; (2) with time available, dinner invitations are prob­ current and former clients may refer new work lematic because of questions concerning the pro­ to a lawyer; or (3) a lawyer may obtain new busi­ priety of a inviting a male client to ness by soliciting new contacts. 13 dinner. "24 Clients may feel uncomfortable accept­ ing a social invitation from a female attorney. 25 Generally; women are not considered as skilled at rainmaking as men, with very few women having '~ Because women are not invited to partiCipate the reputation of being "independent rainmakers. "14 in social gatherings that produce networking ties The impediments women face in becoming rain­ often leading to client relationships, women find makers at their law firms are attributable to many it more difficult to forge links with present cli­ factors, especially the misperceptions of both men ents and find it difficult to establish the sort of and women of women's place in business and the profeSSional networks available to men which lack of business connections that prevent women foster new client development."26 Most women from networking. executives are generally not senior enough to

252 be able opportunities to some women are attorneys, opportunities for and their women. 28 work to exposed or showcased to influential partners in the firms ... and situations. "38 watched over and

of a junior ,-"">LC'""U'L practicable and for attorneys in charge women in encounter with development, they may over men. \Vomen are to deal and

women in which women part­ leaders to meetings.31 women are reluctant but different Women participate in association to committees, write and newsletters, and lecture at seminars. may as improper.4211 In a climate of heightened sensitivity ambi- B. Mentoring guity about sexual mores in the the The structure of law fosters mentoring. relationship "Mentoring is a system or ol.der, more exnenenc:ea

Women partners are hesitant to develop mentoring relationships with are usually power- and P1"p·t",rp will be

of as partners view women as only women because they are women, of qualifica- tions46 In addition, women choose not to men-

heavy workload."47 most reason why women do not mentor younger women, stems from the view older

u,,,,a'-...i

254 women differ about whether possible reI a-

and career. S}

"women who by or children's early continued to

are to make great sacri- many women are unwilling to do. 76

In

some time work with family part-time or reduced hours, .9I ln addition, new categories of titles for as "of counsel" or "special counsel", lawyers, and permanent associates. 92 the female attorney who an alternative work arrangement may appear to her firm and her clients. As a result, she may

never be considered an appropriate LCtlllUJlU£\ partnership.93

part-time as an associate is cam- to a full-time job in other sectors 94 Nevertheless, a (I) of three, four, or five days a week or a partners and the high rate of attrition among E system of reduced quotas for billable hours may women associates. The most frequently cited .-~ allow women attorneys to have more regular forms of sex discrimination are sexual harass­ U- schedules with more predictable hours. In theory, ment, stereotyping of women, and devaluing these reduced schedules offer women attorneys women.103 Sex discrimination may be blatant or ~ increased flexibility so that they can tackle the subtle and may exist within the firm or origi­ .....J dual of attorney and . In reality, nate with clients. 104 When the sex discrimina­ C they may offer no solution at all. tion comes from clients, the firm may take little or no action on behalf of the female attorney b.() C Alternative work arrangements may appear to for fear of offending the client and losing busi­ be a temporary solution to the problem. How­ ness.105 When the discrimination comes from Q) ever, many women attorneys with young chil­ within the firm, firms may be more sensitive U dren are reluctant to take advantage of these because of Title VII considerations.106 arrangements.95 In 1994, for example, only four percent of associates and one percent of part­ Title VII prohibits an employer with fifteen or ners utilized reduced work schedules96 "Ac­ more employees from discriminating against any cording to the Bureau of Labor Statistics, the individual with respect to the terms, conditions, 'dearth of part-time attorneys distinguishes the or privileges of employment because of an profession from both the workforce as a whole' employee'S sex.I07 Therefore, Title VII of the Civil and from other professional specialties; in Rights Act of 1964 may prOVide protection from 1993, sixteen percent of those employed in sex discrimination for female associates. professional specialities worked on a part-time basis compared to 2.4 [percent] of attorneys is sex discrimination that cre­ in large firms. "97 ates a hostile or abusive work environment. 108 It covers a wide range of behaviors and may vary Since alternative work schedules seem to be a from "sexual exploitation to the use of sexual temporary solution, many women attorneys do innuendo and jokes with a sexual theme. "lo9 not choose to take advantage of these options. They fear that working part-time will have a se­ [I]n law firms , like other work environ­ rious impact on their professional careers and will ments, there is a certain amount of sexu­ impose serious difficulties on career advance­ ality that is expressed between ment.98 Moreover, traditional male and female individuals. Some people welcome it, lawyers feel that it would be unfair for the part­ others are ambivalent about it, and some timer to advance as quickly as full-time lawyers.99 regard it as entirely inappropriate. Be­ In addition, the full-time attorneys, both men and cause much of this is expressed on a women, resent reduced schedules for women law­ nonverbal level, and even when verbally yers because such schedules may increase communicated there is often misunder­ workloads for other attorneys.JOo As a result, part­ standing and poor communication, timers typically receive less desirable and less some people believe communication substantial work, which further inhibits their with sexual overtones of any kind is growth and development in the profession. lOl entirely inappropriate .... This is espe­ Furthermore, "feelings of jealousy and compari­ cially the case in work environments as son may build into hostility which can create a intense as that oflaw firms, where there gender-biased hostile work environment which is little and people work is not pleasant for the part-time attorney to prac­ long hours during the week, as well as tice inLl even part-time."lo2 weekends, and have most of their social interaction within the firmYo F. Sex-Based Discrimination Sex-based discrimination within law firms may In this environment, men and women may be­ be the major reason for the dearth of women come overly sensitive to what others may per-

256 ceive as sexual harassment.1ll As a result, men lection by choosing and favoring male associ­ may become more cautious about their contacts ates for the most interesting and difficult work, with women lawyers which "serve as a restric­ while assigning the more mundane tasks to tion on informal communication and interaction women.123 Partners may exclude women from between male attorneys and women attorneys." 112 certain areas of speCialty because the specialty is associated with maienessY4 Senior attorneys Sexual stereotyping is another form of sex dis­ perceive female attorneys to be less committed crimination.ll3 "Discriminatory stereotypes to their and therefore do not want to invest greatly hinder women's attainment of full time and training if the associate is going to leave equality. . . [and] strengthen the glass ceiling and get married or have children. 125 In addition, because they reinforce a sex-based division of some men still prefer to retain the "boys' club" labor and the accompanying sex-based roles in atmosphere in law firms because they view busi­ which discrimination takes root."114 Sexual ste­ ness as a "locker room" and feel more comfort­ reotyping is defined as characterizing attitudes able working with men than they do women. 12 6 and defining behaviors that are appropriate Thus, women are treated as "outsider[s]" which for men and women.ll5 "According to current "impacts on their ability to take part in infor­ sex stereotypes, men are believed to be com­ mal interactions necessary to learn the intrica­ petent, rational, assertive, independent, objec­ cies of profeSSional roles, and to establish tive, and self confident [whereas] women are relationships necessary for career mobility. "127 considered [to be] emotional, submissive, de­ pendent, tactful, and gentle. "!l6 In addition, III. The Glass Ceiling as women are viewed as inadequate partnership candidates, uncommitted to their careers, un­ Discrimination able to network, and unlikely to command a The glass ceiling formed as a result of sex-based room and to take charge. ll7 discrimination and perpetuates such discrimi­ nation. Although the glass ceiling dates back Gender stereotyping is a barrier for women law­ decades, it is present in today's law firms , yers throughout their careers. Women face blocking able women from running on the part­ these barriers during the hiring process when nership track. The glass ceiling has formed as applying for positions that have traditionally a result of discrimination, both subtle and bla­ been dominated by menY8 Once hired, women tant, and this discrimination helps explain why continue to face obstacles stemming from their highly qualified women are not becoming part­ employer's expectations of men and women in ners in law firms.128 performing job duties.!19 Sex stereotyping, therefore, creates a "double-bind" for women Women encounter discriminatory conduct at ev­ inasmuch as "women who behave in a stereo­ ery of their legal careers, beginning in law typical manner face underestimation of their school and continuing through making and competence and effectiveness; while women working as a partner in a law firm. 129 As women who ' deviate from sex stereotypes are viewed advance in their careers, inequality and sex­ as displaying inappropriate masculine behav­ based disparity become more obvious. 130 Women ior and are labeled abrasive or maladjusted. "120 lawyers who progress to top positions in law Because the legal profession has been tradition­ firms eventually meet the glass ceiling in one ally dominated by men, women attorneys who form or another. are grouped into one of these categories . . . " [,l suffer detrimental and discriminatory con­ To succeed in the traditional law firm, a woman sequences as a resul t of being female." 121 lawyer must give her career total devotion.!3l "This is evidenced by the profession's empha­ The devaluation of women is another type of sis on maximizing billable hours, maintaining sex discrimination prevalent in law firms. 122 Se­ full availability to clients, investing time in nior male partners engage in discriminatoryse- rainmaking, and climbing the ladder to part-

257 V') nership regardless of the degree of intrusion develop.140 "In increasing numbers, women are E on one's personal life. »132 All of these factors leaving [law firms) or avoiding partnership So.. contribute to the glass ceiling by providing tracks. "1 41 This" [aJ ttrition perpetuates the glass u... additional obstacles for women lawyers, result­ ceiling, as fewer women are available for pro­ ing in sex discrimina tion. The emphasis on motion[,J and more men remain in decision ~ billable hours and maintaining constant avail­ making positions as a result."142 Women are .-.J ability to clients subtly discriminates against more likely than men to leave a law firm prior c: women who may be the primary caregivers in to the senior associate level because they essen­ their families , forcing them to spend less time tially must choose either to conform to the ac­ ~ c: at the office.133 The pressure that firms place cepted lifestyle or to alter their lives in order to on their attorneys to engage in rainmaking dis­ accommodate both family and career. 143 (l) criminates against women. Both men and U women perceive and women as un­ Because women apparently have the option to able to develop bUSiness, whether because they "assimilate" or "alter"144it may appear that lack the social connections that men typically women do not become partners as a matter of have or because of family commitments. 134 Law personal choice. Although women are equally firms discriminate against women when decid­ as qualified as men when they enter law school ing partnership issues. Partners may discrimi­ and join law firms in equal proportions,1 45 they nate against women subjectively by choosing do not achieve the success of their male coun­ associates that are most like themselves, terparts measured by traditional standards. This thereby retaining the predominantly male set­ "choice" that women make appears indicative ting; or partners may discriminate against of a glass ceiling that is self"imposed, a result of women "objectively" by chOOSing male associ­ women's free choice. 146 ates who the partners presume to be potentially 135 more productive than female associates. This choice, however, is really no choice at all. 147 Women who do conform to the traditional law Sexual harassment, gender stereotyping, and de­ firm lifestyle may make partner. However, often valuation of women are forms of sex discrimi­ they must forego having children and a family nation in the law firm which contribute to the life to devote Significant, necessary time to their glass ceiling. Because men have become more careers. On the other hand, women who alter aware of behavior that women find offensive and their careers to accommodate family life may that may constitute sexual harassment, they may never be able to achieve the traditional success become increasingly sensitive to interacting with of a law firm partner. As a result many women women. 136 This hesitancy to associate with leave the large firm environment to practice law women serves as a communication barrier be­ in smaller, boutique firms , to start their own tween men and women which impedes women's firms, to work as in-house corporate counsel, or progress. Sex stereotyping operates as a barrier to work for the government. 148 Some scholars to women and strengthens the glass ceiling by argue that women lawyers who pursue legal ca­ reinforcing men's perception of women as infe­ reers outside the large law firm may be better able rior to men. 137 These negative characterizations to accommodate both career and family. 149 of women "prevent women from sharing fully in . .. the work environment .. . because the traits associated with men and women are val­ IV. Conclusion ued differently."138 Underratirig women's abili­ The glass ceiling did not develop as a result of ties as lawyers and viewing them as less women's perceived weaknesses and choices. committed to their jobs discriminately impacts Rather the glass ceiling in law firms has evolved women. 139 Women, as a result, are unable to and continues to be pervasive as a result of sex­ progress as much as their male counterparts. based discrimination. This glass ceiling will not Without the training and challenging assign­ crumble until the male-oriented norms are elimi­ ments proVided to men, women lawyers cannot nated.150 Women lawyers should not be com-

258 pelled to assimilate male norms to have a career ily responsibilities, the glass ceiling will continue i.n a large law firm. Societal misperceptions about to deprive women lawyers from reaching their women lawyers' abilities and dedication must full potential. In the final analysis, this sex-based change. Until law firms modernize, adapting their discrimination disadvantages not only women policies to permit women to accommodate fam- lawyers, but also the profession as a whole .•

Endnotes

1 Basic Facts from Women in the Journal's 'Corporate Woman' col­ 15 Id. (interviewing men lawyers in Law: A Look at the Numbers, 1995 umn identified a puzzling new phe­ large law firms and finding that few A.B.A. Commission of Women in nomenon. There seemed to an in­ men stated that they could imag­ the Profession Rep. 1 (hereinafter visible-but impenetrable-barrier ine any of the women partners to "Basic Facts"». See also, Elizabeth between women and the executive "fill[] the shoes of the senior rank­ K. Ziewacz, Comment, Can the suite, preventing them from reach­ ing rainmakers of their firms"). See Glass Ceiling be Shattered?: The ing the highest levels of the busi­ also Deborah Graham, Getting Decline of Women Partners in ness world regardless of their ac­ Down to Business-Marketing and Large Law Firms, 57 Ohio St. L.]. complishments and merits."). Women Lawyers 402 (1996) ("The 1971 (1996). 6 S. Elizabeth Foster, Comment, The barriers that hold many women 2 ld. Glass Ceiling in the Legal Profes­ lawyers back from marketing-or 3 Diane L. Bridge, The Glass Ceiling sion: Why Do Law Firms Still Have doing so effectively-are individual and Sexual Stereotyping: Historical So Few Female Partners? 42 UCLA and institutional. The problem lies and Legal Perspectives of Women L. Rev. 1631, 1636 (1995) (quot­ with the attitudes of the women in the Workplace, 4 VA.]. Soc. Pol'y ing 20/20: Taking on the Boy's Club themselves, within the law firms & L. 581, 597 (1997) (obtaining (ABC Television Broadcast, Jan. 3, where they work, and within the statistics from the Bureau of Labor 1992». clients that represent their internal Statistics) . 7 See, e.g. Linda Chavez, Would-Be market."). 4 See Ziewacz, supra note 1, at 97l. Women Lawyers Need to Quit 16 Epstein, supra note 8, at 332. Another Looking for Excuses and Get With 17 Id. at 333. One woman attorney in study found that although women the Program, CHI. TRIB., Apt. 16, Epstein's study explained that she comprise more than twenty percent 1997, at 23 (commenting on the does not have the business contacts of all lawyers and almost fifty per­ book, Becoming Gentlemen: that men have because her friends cent of all law students, women Women, Law School and Institu­ from college are housewives, and continue to fall behind men in in­ tional Change by Lani Guinier, a in her law school class, she did not come, a gap of $7,000 between men University of Pennsylvania law pro­ have many women friends. and women with one to three years fessor) . "Women are not told the value of experience and $20,000 for more 8 Bridge, supra note 3, at 581-2. See friendships as a future business experienced lawyers. Unfinished also Cynthia Fuchs Epstein, Glass thing." Business: Overcoming the Sisyphus Ceilings and Open Doors: Advance­ 18 rd. at 334. It takes an average of ten Factor, 1995 A.B.A. Commission on ment in the Legal Profession, 64 years to make partner in a law firm Women in the Profession Rep. 5, Fordham L. Rev. 291, 297 (1995) and significantly longer to become 7,9). (concluding that "sex stereotyping senior management. Therefore, 5 Carol Hymowitz & Timothy D. and the perception of differences women associates will achieve se­ Schellhardt, The Glass Ceiling: between men and women were se­ nior positions in a law firm before Why Women Can't Seem to rious obstacles to women's mobil­ their colleagues will attain similar the Invisible Barrier that Blocks ity both pre- and post-partner­ ranking positions in the corporate Them from the Top Jobs, Wall St.]. ship"). world. A male associate stated that Mar. 24, 1986, § 4 at 1 (coining the 9 Ziewacz, supra note 1, at 980 (quot­ women particularly have a problem phrase "glass ceiling" as a metaphor ing Grace M. Giesel, The Business rainmaking because "the men who describing the barrier preventing Client is a Woman: The Effect of bring in the most amount of busi­ women from advancing to senior Women as In-House Counsel on ness are generally older than leadership positions within organi­ Women' in Law Firms and theLe­ women partners ... You get in the zations). See also Federal Glass gal Profession, 72 Neb. L. Rev. 760, corporate banking world out there Ceiling Comm'n, Good For Busi­ 774 (1993». and the guys, the powers that be, ness: Making Full Use of the 10 Epstein, supra note 8, at 33l. are the fifty·year-old, white men." Nation's Human Capital, DLR No. 1 1 Id. Id. at 333. One woman noted that 52, March 16, 1995 S-2 ("The term 12 See Ziewacz, supra note 1, at 985. "ten years from now[,] it will be a 'glass ceiling' first entered America's 13 See generally Epstein, supra note whole other world." Id. public conversations less than a 8,.at 33l. 19 Bridge, supra note 3, at 600 ("A decade ago, when the Wall Street 14 Id. at 332. 1988 study revealed that white

259 Endnotes

males ... hold more than ninety­ younger women should be nur­ at 389. five percent of the top management tured in the ways that the older 60 Id, in the one thousand women were nOL In addition, 61 ld. At 385. Komi "[ a ]lder women brand as unrealis­ 62 If a female atLOrney is not available tic their younger belief to her she is considered not International's Executive Profile: A that law firms should change to ac­ dedicated, See Ziewacz, supra note of Leaders in the commodate the reality of 1, at 987. 43, 44 tbs. 23 &:. 24 think 63 See supra note 8, at 364. (1989)). to sac­ This is referred to as either rifice either their careers or their the traditional approach or the sub- " Ziewac, supra note approach. See id, This crite­ 1, at 983-84 ria has of sexual dis­ are predominately men, they will Saltzman, Woman Versus Woman: crimination based on dis­ choose to work with men. Id. Aren't More Female Execu- crimination. See infra discussion in 2] ld. at 986. Section E supra note 8, at 334. Id. For See infra text accompanying notes port, Mar. 25, 1996 at 50), viewed by some as a sufficient con­ 85-87. 49 supra note 8, at 351, dition for promotion to partner- 14 supra note 8, at 335. 50 ld. One female associate in Jd. A woman interviewed in who had a male mentor 65 ld. stated that she stated that she would go to him 66 rd. at 365. to ask some with work or clarifica- 67 "In the traditional bound model, guy out that [she did not] know to tions about work However, finns will themselves as try and get him" as a client than she unequivocally stated: male institutions" Id. she would to ask another woman. wouldn't go to him that I'm 68 Id. Id. thinking about children, 69 "The ostenSibly more meritocratic Ziewacz, supra note, at 986. and I don't know if this is a market driven firm 27 ld. 339-40. time or not. 1wouldn't go talk about women because face more bar­ ld. at 339, the fact that these hours are too riers than men in developing busi­ ld. much, or that I'm not sure ifl want ness." rd. 30 Id. at 339, to continue doing this. I wouldn't 70 rd. 31 supra note 8, at 340. go to him with personal problems," 71 Id. at 364-65, Id. Id. 7l rd. at 359, Id. ld, at 359-60, "Every partner is , .. 34 Ziewacz, supra note I, at 982 with and train-

tation omined). firm as 01"(>PI'" associates, which means a lot

Id. 53 Ziewac, supra note 1,988 (stating often very difficult situations '. supra note 8, at 345, that women find the time recommending or not recom­ Id. demands and expectations of firm for ld, One of the male associates in- Hfe too life or ners also have a very expecta­ part­ sibilities") . tion to develop the business and ner who would stick up for me and 54 Ziewac, supra note 1, at 987, make a of money. have to sort of have a personal 55 A male attorney in study show revenues and their with me? Sure, foolish not stated. "The bad side of salar[iesl ' , , , [In part- to want thaL" Id. ina ners come up for review :the same 39 ld. """'u,-""",,, do Ziewacz, supra note 1, at 983 a ld, 74 ld. at 360. 42 supra note 8, at 355. Ziewacz, supra note 1, at 988. Id. ....fJ"''''u, supra ld, at 353, One female associate in P.,."ef,"""'" Id, 353-54. stated that she never 46 ld, the life that the fe- 47 ld, ld. Id. between exist ld. between women partners and war be­ younger associates, and et11CleJtlcy and. women do not believe that the

260 Endnotes

if you are a partner in a law partners mentioned that "their study firm,]" ld, See also supra nOles 51- ascendance in the firms [placed] determined is a 5-day 61 and accompanying text. limits around their choices about work week See supra note 91. supra note 8, at 415, motherhood." ld at 416, For the See Ziewacz, supra note 1, at 992. Id. For in her married attorneys, "the most Id. found that 47% of as- nificant decision was whether or sociates were married, and of the not to have children." Id. "wolnen who total associates, 51% of the male 85 Motherhood is "an absorbing role," are often associates were married Id,at417, to the firm, and with 42% of the female associates. 86 Both motherhood and being a law- therefore not of promotion, In 89% of the partners yer are considered absorbing, See compared to men who are at the were and of the total part- id, The conflict between a office more than 2,000 hours a ners, 90% of the male partners were a profeSSional is year." ld, married with 73% but goes to the 99 Id. of female partners. See Id. See To be a true pro- 100See Epstein, supra note 8, at 403. also Foster, supra note 6, at 1650 fessional is by one's occu- For example, something that "studies pational Tole with the F"YnPI't"tl comes on needs to be the 19805 showed that only that this will be first priority. done that and [the part-rime six to percent of men but dose Id. person] will be back on Monday. to one-third of women had never 87 Foster, supra note 6, at 1655-56. Somebody else either has to do it 88 ld. at 1656. "Women feel or you have to kind of acclimate the that "the between the brass and the bio- clients who are and make a

is unmarried clock." Id at 1650. I.'U;;"''-LU about whether it's really and childless"), 89 See supra note 8, at 392 a crisis or not" ld. 80 supra note 8, at 390, (noting that without alternative 101 See Ziewacz, supra note 1, at 992- $1 A female partner in W"'Fi~"U~U~ women tend to 93. who remained childless and unmar­ ignore life altogether). 102 Id. at 992. ried stated that there was more to 90 See Ziewacz, supra note 1, at 992 103 See infra notes 108-127 and accom­ life than work and that she will not (noting that may firms have "fam­ n",nv;nO' text. have a very fulfilled life if she had ily that are de­ 1041d. at 980. of subtle forms to her "whole life alone and in bal­ of sex discrimination are comments successful I"frm",,>hna identities of and jokes that may be difficult to reer." ld. at 417. attorney and mother). See also classify as hostile 82 in a law firm adds stress Epstein, supra note 8, at 392. or discriminatory: to the whether the attor- 9; rd, at 392-414. Part-time work does J05Id. An example of ney is husband or wife. See ld. at not have a definition and sex discrimination is when the firm 436 that the male attorneys tolerates a client that he interviewed recognized that the does not want to work with women time demands of working in a Hrm native to the full-time norm See su- rm"rI'nrl>~ strains on marital rela­ or more hours per week and/or

tions, VI."CU-·"',"4

enough resemblance to an em­ a particular individual on the basis firm referred to as 'document ' ployee to be afforded the protection of his or her membership in a par­ because they process documents, a of Title VII." Id. at 987. The court ticular category"). In addition, the dreary task that she seemed to think noted that "form should not be per­ EEOC Guidelines expressly state men of the same rank managed to mitted to triumph over substance that a bona fide occupational quali­ avoid"). when important civil rights are at fication may not be based on ste­ 124Id. (noting that labor law is an ex­ stake." Id. See also Auld v. Law OJ­ reotyped characteristics of men and ample of "a culture typified by Jices oj Cooper, Beckman & Tuerk , women. See Id. at 612. toughness and 'dirty' talk"). 981 F.2d 1250, 1992 WL 372949 U4Foster, supra note 6, at 1646. mId. at 378. (4THCir. 1992) (holding that based 115Bridge, supra note 3, at 604. "Ste­ 126Id . onJustice Powell's concurring opin­ reotyping is a concept that involves mId. See also supra text accompany­ ion in Hishon v. King & Spaulding, the application of a set of beliefs, ing notes 42-43. 467 u.s. 69 (1984) , partners are not oflen negative, that are presumed 128 "In the legal profeSSion, the glass . employees' of the firm as an inde­ to be true about individuals on the ceiling prevents the record numbers pendent entity for the purposes of basis of their membership in a par­ of women now practicing law from Title Vll). The court did not address ticular social category. The process attaining the position of greatest the applicability of a case-by-case results in societal expectations re­ power, prestige, and economic re­ approach, the "economic realities" lating to the proper behavior, ap­ ward - that of a law firm partner." test, because it did not apply to the pearance, dress, and ability of the Foster, supra note 6, at 1636. plaintiff in this case. individual member of the social I29See supra note 7 and accompany­ lO8See, e.g., Meritor Savings Bank v. group." Id. at 602. ing text. The Socratic method of Vinson, 477U.5. 57 (1986) (adopt­ 116Id. teaching in law schools has been ing the Equal employment Oppor­ lI7See supra notes 10-20 and accom­ proven to discourage the success tunity Commission's ("EEOC) panying text. See also Epstein, su­ of women. See Ziewacz, supra definition of sex discrimination and pra note 8, at 368. note 1, at 975-76. The Socratic becoming the landmark case re­ IIBBridge, supra note 3, at 606. "In method is a "combative and argu­ garding hostile environment sexual simulated hiring situations involv­ mentative way of learning" and harassment). A form of prohibited ing both female and male appli­ "studies have shown that many sex discrimination is sexual harass­ cants, male applicants for manage­ women withdraw from class par­ ment conduct that creates an "in­ rial positions were rated higher and ticipation when conflict arises, timidating, hostile, or offensive accepted more frequently by both and voluntarily participate less. working environment." 29 CFR ch. female and male evaluators than This withdrawal from partiCipa­ XIV § 1604.11(a)(1995). were equally qualified females , par­ tion may cause some women to lO9Epstein, supra note 8, at 372. In her ticularly for positions with greater feel alienated and disappOinted study, Epstein found that with the responsibilities." Id . The legal pro­ that they are not receiving the exception of unwanted and unwel­ fession has always been dominated same caliber of as their come phYSical touching or sexual by men. See supra notes 1-4 and male colleagues. Additionally, advances to which all agree, there accompanying text. casebooks may increase feelings was little or not agreement between 11 9Id. at 606-7 ("an equally qualified of alienation by not addressing the firms about which behaviors woman, for example, is less likely women's issues, or by presenting constitute sexual harassment. ld. to be promoted or offered training women stereo typically. " Id at 976. 0 Interestingly, there is a generation opportunities than her male coun­ 13 See Foster, supra note 6, at 1635. gap in the perceptions and defini­ terpart. Similarly, achievements by l3lId. at 1636. tions of sexual harassment. Younger women are more likely to be dis­ '32Id. women define sexual harassment counted than the same accomplish­ 13 3See supra text accompanying notes more broadly than older women, ments by men"). In addition, in law 51-62. including joking and sexual innu­ firms, sex stereotyping may deter­ 134 See supra text accompanying notes endo as well as any physical touch­ mine what practice group a female 14-30. ing whereas older women define attorney is placed in. See Ep~tein, 135 See supra text accompanying notes harassment more speCifically as supra note 8, at 369 (finding that 63-71. only unwanted sexual advances. Id. men view women to be poor 136 See supra text accompanying notes at 373-74. litigators because an aggressive per­ 108-112. 11 °Id. at 373. sonality is needed whereas in real 137See supra text accompanying notes IIISee id. at 376. estate, it may not be an issue). 113-12l. I12ld. 110Bridge, supra note 3, at 607-8. 13BBridge, supra note 3, at 604. See lI3See Bridge, supra note 3, at 603-613 mId. at 608. also supra text and accompanying (stating that stereotyping based on IllSee Epstein, supra note 8, at 377. notes 116-117 (asserting that men sex is prohibited because "such '23Id. (noting that one woman part- are stereotyped as possessing traits Simplifications lead to bias toward ner heard."women associates in the of aggressiveness, competence and

262 Endnotes

depeJ.ld(~n(:e whereas women are hours, total availability to l5; women do not want to mentor ~rp'r",,()nJT">(1 as traits of and the virtual exclusion of other women, see supra text and emotion, submissiveness and de­ all other needs and desires an indi­ notes 44-48; women have outside and thus, men are per­ vidual lawyer may have" and "al­ personal interests and other respon­ ceived to make better

263