In 2021, Law Firms Must Commit Themselves to Retaining Women of Color
Illustration by Hanna Barczyk
The most recent report from the American Bar Association (ABA) initiative on Long-Term Careers for Women in Law, Left Out and Left Behind: The Hurdles, Hassles, and Heartaches of Achieving Long-Term Legal Careers for Women of Color, written by Destiny Peery, Paulette Brown, and Eileen Letts, analyzes the experiences and obstacles faced by women attorneys of color and provides recommendations to our profession to address the underlying issues which continue to serve as barriers to inclusion and retention.
Approximately 14 years ago, the ABA Commission on Women published the foundational study on women of color in law firms: Visible Invisibility: Women of Color in Law Firms. Since Visible Invisibility was published, women of color continue to be underrepresented in the legal profession, especially in the most senior roles, and relatively little has changed with respect to their lived experiences in the field. Furthermore, many studies on the impact of gender on the careers of women have largely reflected the experiences of white women and failed to represent the distinct experiences of women of color.
The women of color who participated in this study have made an invaluable contribution to our profession. Every lawyer and legal employer should read this study and implement its recommendations. This blog post endeavors to share portions of the report, but we encourage our readers to read the entire report to understand all of the critical data and experiences shared within, which cannot be properly recounted in a few short paragraphs.
This past year, following the deaths of George Floyd, Breonna Taylor, and numerous other people of color killed by the police, many of us had thoughtful, painful, and difficult conversations about the racial inequity in our society. Last week, the media covered the starkly different language the current President used to address Black Lives Matter protestors as opposed to the predominantly white Capitol rioters, and the disparate treatment of these groups by law enforcement. We must continue to discuss and confront racial injustice—not only during moments of media attention on racial injustice issues, but every day in our personal and professional lives. The instant report provides critical data upon which to take action and support the careers of women attorneys of color.
Although women of color make up 15% of all associates, only 4% of partners are women of color. While one-half of white women associates make it to equity partner, only one-fourth of women of color associates make it. Women of color, facing the challenges associated with both gender and race, are leaving law firms in significant numbers.
The Left Out and Left Behind participants – 103 in total – are self-identified women of color (identifying as Asian, black, Hispanic/Latinx, multiracial and multiethnic) who graduated from law school 15 or more years before the study. The participants were asked questions to elicit descriptions of their experiences, and the report includes moving quotes from participants on a variety of topics, in additional to statistical data.
The study reflects that women of color continue to face barriers, consistent with present research, including bias and stereotyping. The bias and stereotyping that women of color face include, importantly, the under-recognition of the differences in experience between white women and women of color, and the differences in experience of women of color based on their particular identities. For example, a 68-year-old Asian woman shared, “The African American woman was being marginalized because the men perceived her as being in their face and being too outspoken. The Asian American woman couldn’t get noticed, couldn’t get a seat at the table.” The report emphasizes, as in the example given above, that not only are the experiences of women of color different from one another depending on their particular identity, but the experiences of women of color are different from white women. One participant, a mid-40s black woman, said the following to demonstrate that difference:
Of course my experiences differ from men’s experiences, but they also differ from the experiences of white women, who, after all, can still be analogized to daughters when those in positions of power are looking for a basis on which to connect with someone. The black and Latina women in the lives of privileged white men and women might be nannies, housekeepers, doormen, or other household employees. We certainly do not feel analogous to their children, and we most assuredly do not feel like their equals.
It is critical to raise awareness regarding the differing and unique experiences of women of color depending on their specific identities, and we must continuously combat the effects of bias and stereotyping upon the careers of women of color attorneys.
Another area the study addresses is the experience of women of color interacting with other women in the profession. All women in the profession must educate themselves on this topic in order to further the goals of advancing women and women of color. The report states, “Some of the insights highlighted in the report include that women of color report that white women often prioritize a focus on women’s issues, which are often framed around and primarily benefit white women, to the exclusion of addressing the distinct challenges of women of color.” One 55-year-old black woman shared:
I feel white women have more choices. They seem to succeed more than we do, but [women of color] are so few in number that it’s hard to tell. And when [white women] are in power, they often become similar to their male counterparts – they don’t necessarily go out of their way to promote other women and certainly not women of color.
These findings reflect the need for white women to help address the differing challenges that women of color face, and for women in decision making roles to actively support the advancement of women of color.
Based on the report, despite the many challenges that women of color face in the profession, those who stay say that they stay because they love the law, that it makes financial sense, and that aspects of their personal and family lives may require or encourage it, including that they are working to pave to way for younger attorneys of color and family members. Understanding the reasons why women of color attorneys stay, despite barriers to advancement, sheds further light on the issues surrounding retention.
The report provides specific recommendations that the profession must adopt in order to address the failure to retain women of color attorneys. The report’s recommendations include (1) adopting best-practices for reducing biases in decision-making; (2) improving access to effective, engaged mentors and sponsors; (3) going beyond recruitment; (4) incorporating an intersectional approach to addressing diversity and gender; and (5) creating a more inclusive culture in the legal profession.
One of the closing statements of the report states that “culture interacts with structure, and both are needed for the deep, lasting change needed to create an inclusive legal profession.” All women must work together to change the culture in the legal profession that has left women of color out. In addition to implementing the recommendations outlined above, to change the culture and support our colleagues all women must acknowledge that the problem exists and continue to educate themselves and raise awareness – reading and sharing this report is one way to do so.