Experiencing Discrimination: Race and Retention in America's Largest Law Firms

Abstract

Although the number of racial and ethnic minority lawyers in the legal profession has greatly increased, concern remains about their low percentage among partners in elite law firms. Using a nationally representative sample of young American lawyers, we compare a human capital–based theory, which emphasizes measures of merit, and an institutional discrimination–based theory, which focuses on differences in partner contact and mentoring. The results indicate that institutional discrimination theory is the better way of understanding racial and ethnic differences in lawyer retention. Future affirmative action programs need to focus not just on access but also the processes within large firms if minority presence is to be increased.

Networking in the Shadow of the Law: Informal Access to Legal Expertise through Personal Network Ties

“…Racial/ethnic minorities may also be less likely to be connected to lawyers because minorities are less likely to be lawyers. Although the number of minorities entering the legal profession has increased over the past few decades (ABA 2013), African Americans and Latinos continue to be underrepresented in the legal profession (Bureau of Labor Statistics 2015), particularly in the most prestigious employment settings (Heinz et al 2005;Payne-Pikus et al 2010). Since networks tend to be racially and/or ethnically segregated, we hypothesize that racial/ ethnic minorities are less likely to have a social network tie with a lawyer.…”

Counting on Coworkers

“…Racial discrimination in the workplace, both in the past and present, and the prevalence of racial stereotypes create an environment where African American workers often experience and feel social isolation from their white peers (Feagin and McKinney 2003;Harvey Wingfield 2007Jackson, Thoits, and Taylor 1995). Due to the importance of informal social networks in terms of hiring, promotion, and advancement in the workplace, such exclusion disadvantages African Americans (e.g., Feagin and Sikes 1994;Payne-Pikus, Hagan, and Nelson 2010;Royster 2003;Song 2011;Wilson, Eitle, and Bishin 2006). Furthermore, social exclusion may deny black workers the emotional benefits associated with supportive interpersonal relationships (Bacharach, Bamberger, and Vashdi 2005;Harvey Wingfield 2007;Roscigno 2007;Vallas 2003).…”

Career trajectories among lawyers

“…Similarly, race, ethnicity, and ethno-religious identity have long been sources of inequality as well. African Americans, for example, make up approximately 5 percent of associates in high status corporate law firms, yet they make up less than 1 percent of partners (Payne-Pikus, Hagan, and Nelson 2010;. Hispanic lawyers, while constituting a similar proportion of private firm associates, fare no better.…”

“…Professional social capital, however, is not distributed evenly across all groups, as women as well as racial/ethnic minorities often find it more difficult than to form and maintain network connections (Kay and Gorman 2008;Payne-Pikus et al 2010). The extant research, however, has yet to examine how the intersection of different minority categories affects the creation and maintenance of professional social capital and the consequences that social capital's differential distribution has for a career in law.…”

“…Indeed, according to numerous objective and subjective metrics, members of historically underrepresented groups struggle throughout their careers in law. Female attorneys earn lower salaries, in many instances report lower levels of career satisfaction (Kay and Gorman 2008), and are less likely to be promoted to partner in private firms (Kay and Hagan 2009;Payne-Pikus et al 2010). Similarly, the percentage of African American associates who become partners in private law firms is so low that it has often been called the "racial paradox" ; see also Payne-Pikus et al 2010).…”