CHICAGO, Oct. 25, 2023 — A new report published by the American Bar Association Commission on Women in the Profession, “Legal Careers of Parents and Child Caregivers,” sheds light on how parenting impacts the legal careers of mothers and fathers.
parenthood-report-2023The report, based on survey responses from more than 8,000 lawyers nationwide in various work settings (including in-house) and a dozen focus group interviews, reveals that many parents feel having children had a negative impact on their careers and more than half of working mothers felt they were perceived as less committed and less competent by their employers. The data reveals that this is not just a law firm problem but a legal profession problem that is impacting caregivers of children in all work settings.
Among the findings:
- Women are overwhelmingly responsible for what’s happening at home, from arranging child care (65% of mothers vs. 7% of fathers) and scheduling doctor appointments (71% of mothers vs. 9% of fathers) to helping with homework (41% of mothers vs. 12% of fathers).
- Women who are single and caregivers of dependent children experience more disadvantages than any other cohort, no matter what sector of the legal industry they work in.
- A much higher percentage of mothers compared to fathers experience demeaning comments about being a working parent (61% of mothers vs. 26% of fathers in law firms; 60% of mothers vs. 30% of fathers in other settings).
“The legal profession is not immune to the ‘motherhood penalty,’” said ABA President Mary Smith. “Research consistently shows it impacts career opportunities, compensation and advancement in this male-dominated field that demands long hours and constant availability. Our profession should be — and can be — the gold standard for achieving workplace equity and equality for the betterment of our families, businesses and society in general. This illuminating study is a road map for solutions, including flexible work arrangements, more inclusive job descriptions and on-ramp programs for returning to work, which have been shown to support women lawyers with children and enable them to thrive in their careers.”
The research project, co-chaired by Michelle Browning Coughlin and Juanita Harris, was conducted by former commission chairs Roberta Liebenberg and Stephanie Scharf of the Red Bee Group and former ABA President Paulette Brown of MindSetPower.
Their research confirms that “a substantial percentage of mothers in the profession have been subjected to unfounded criticisms and stereotypes, implicit biases and many adverse day-to-day experiences in the workplace that impede their advancement and ability to balance their professional and family obligations, thus leading to a continuing high rate of attrition,” the authors said.
“The data from the survey and focus groups is compelling, and we are hopeful that the implementation of the best practices and policies set forth in the report will disrupt the paradigm and help create a level playing field for women with children in all practice settings.”
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In every profession, working parents face immense challenges. The latest American Bar Association report, Legal Careers of Parents and Child Caregivers, released by the ABA Commission on Women, documents how lawyers navigate their careers and family life and how such challenges are especially acute for mothers in comparison with fathers. This issue of The Practice includes excerpts and data from the ABA report, which in full presents findings from a survey of over 8,000 lawyers and insights from 10 focus groups. Even as many lawyers occupy a privileged class—with access to money, education, and other benefits—the responsibilities of caregiving that disproportionately fall on women create a profession plagued by inequity, something the report seeks to rectify with its recommendations. As the report says:
For the past 25 years, women and men have entered the legal profession in roughly equal numbers. Despite the steady influx of women lawyers, they continue to be much less likely to attain the top levels of leadership in their organizations and the most powerful, prestigious, and highly compensated positions. This lack of real progress is not the result of any inherent gender differences or a lack of ambition or talent. Rather, as highlighted by this Report, women, and especially women with children, face unique biases and obstacles in the workplace that impede their advancement as compared to their male colleagues. These challenges are exacerbated by policies and practices used by many legal employers that are too inflexible to accommodate the child care and home life responsibilities that mothers disproportionately bear compared to fathers.
We complement this lead article with “Precedents for Law Student Parents,” in which we talk to individuals about their pregnancy and parenting journeys during law school. While federal and state laws protect pregnant individuals from bias and discrimination, the reality of parenting and pregnancy during law school can “feel like an uphill battle meant for [you] to fail,” says Bree Koegel, who entered law school with a one-year-old and had a second child during her 3L year at the University of North Carolina School of Law.
We conclude with two Speaker’s Corners. In “Changing Culture Through Repetition,” former ABA president (2015–2016) Paulette Brown speaks to the recommendations contained in the report, Legal Careers of Parents and Child Caregivers. While many may not be surprised at what is necessary to build a better profession for working parents—more flexibility, generous parental leave, conscientious on-ramp programs—seeing such recommendations adopted in a widespread manner will take more work. Brown admits, “Over the course of presenting this report, many lawyers asked us, ‘Why do you have to tell people the same thing over, and over, and over again?’” she says. “The truth is: because you do. My mother would always say, ‘It bears repeating.’ Ongoing and consistent education is important,” Brown explains.
Last, in “Fostering a Caregiving Economy,” David B. Wilkins, faculty director of the Harvard Law School Center on the Legal Profession, asks Anne-Marie Slaughter, CEO of New America, to reflect on her viral 2012 article, “Why Women Still Can’t Have It All,” and what it would take to build a more inclusive society for caregivers. Dr. Slaughter says:
In addition to implementing policies, we also need to change the social norms around the idea that everyone’s going to be a caregiver. This is all of us at the deepest level. CEOs and managers need to think about this. We have got to stop thinking about professional people as only career- or achievement-oriented. We need to assume that all human beings have a connected side, have a need for belonging and for being able to care for others and to be cared for. A healthy society and a healthy workplace makes room for that side of who we are.
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