Diversity and Inclusion in the American Legal Profession: Discrimination and Bias Reported by Lawyers with Disabilities and Lawyers Who Identify as LGBTQ+

Abstract

PurposeThis article is part of an ongoing body of investigation examining the experiences of lawyers with diverse and multiple minority identities, with particular focus on lawyers with disabilities; lawyers who identify as lesbian, gay, bisexual, transgender, and queer (“LGBTQ+” as an overarching term); and lawyers with minority identities associated with race and ethnicity, gender, and age. The focus of this article is on discrimination and bias in their workplaces as reported by the lawyers experiencing it.MethodsWe employ survey data from the first phase of this investigation, gathered from the survey responses of 3590 lawyers located across all states in the United States and working in most types and sizes of legal venues. The data were collected between 2018 and 2019, before the 2020 pandemic. We estimate differences across three categories of discrimination reported—subtle-only discrimination, overt-only discrimination, and both subtle and overt discrimination. We estimate the nature and magnitude of associations among individual and organizational variables, and we use multinomial logistic regression to illustrate relative risks of reports of discrimination for intersecting identities.ResultsAs compared to non-disabled lawyers, lawyers with disabilities show a higher likelihood of reporting both subtle and overt discrimination versus no discrimination. Similarly, lawyers who identify as lesbian, gay, bisexual, and queer (“LGBQ”) show a higher likelihood of reporting both subtle and overtdiscrimination, and subtle-only discrimination, as compared to lawyers who identify as straight/heterosexual. Women lawyers and lawyers of color are more likely to report all three types of discrimination. In general, younger lawyers are more likely to report subtle-only discrimination when compared to older lawyers. Lawyers working at a private firm are less likely to report all types of discrimination, while working for a larger organization is associated with a higher relative risk of reporting subtle-only discrimination versus no discrimination.ConclusionsThe current study represents a next, incremental step for better understanding non-monochromatic and intersectional aspects of individual identity in the legal profession. The findings illustrate that primary individual and multiple minority identities, as identified by disability, sexual orientation, gender, race/ethnicity, and age, are associated with reports of discrimination and bias in the legal workplace.

Diversity and inclusion in the legal profession: disclosure of cancer and other health conditions by lawyers with disabilities and lawyers who identify as LGBTQ +

“…Previous studies show that one primary reason why women may be reluctant to disclose cancer, for example, is fear of negative workplace and career consequences [ 53 ]. These concerns are supported by evidence of discrimination towards women in the workplace [ 60 , 85 ]. Consequently, disabled women may be particularly likely to choose non-disclosure as a strategy to avoid potential negative workplace experiences.…”

“…We expect that these marginalized groups often choose not to disclose disability to avoid further negative experiences in the workplace such as discrimination, prejudice, and marginalization [ 46 , 70 – 73 ]. In accord, the third article in our series shows that women and lesbian, gay, bisexual, and queer (“LGBQ”) attorneys with disabilities are less likely than their counterparts to report discrimination [ 60 ]. We further posit that this group of lawyers is less likely to disclose disability as a potential stigma avoidance strategy, and thus less likely experience and report discrimination on the basis of disability [ 74 – 77 ].…”

“…Fears of standing out or being perceived as “different” additionally play an influential role [ 51 ]. These concerns often are justified, as evidence shows the pervasive nature of discrimination facing individuals with disabilities in the workplace [ 60 – 62 ].…”

“…Its findings show, counterintuitively, that those who need accommodations the most often are the ones less likely to receive them. Our third article presented analyses, using multivariate modeling, of discrimination reports by attorneys with multiple marginalized identities [ 60 ]. Its results show that marginalized attorneys, such as people with disabilities, are predictably more likely to report discrimination in the workplace than their non-disabled counterparts.…”

Workplace health surveillance and COVID-19: algorithmic health discrimination and cancer survivors

“…People with disabilities and chronic health conditions experience workplace discrimination in many ways [ 17 ]. Exclusion from work is typical and evident in the case of cancer survivorship [ 18 , 19 ].…”