GENDER BIAS

Vermont Human Rights Commission

TERMINOLOGY

EXPLICIT BIAS

IMPLICIT BIAS

MICROAGGRESSIONS

DISCRIMINATION

PREJUDICE

Where Does Bias Come From?

• Stereotyping: Associations may be formed based on skewed, over-generalized information or distorted beliefs.

• The Fundamental Attribution Error.

• Institutional bias (press, movies, TV, etc.)

• Lack or scope of contact

• History – Personal, Familial, National/Legal

• It starts early!

Understanding Human Behavior

explicit behavior/bias

vs.

implicit behavior/bias

Both male and female faculty

rated applicants similarly.

Identical applications for a science lab assistant (except for a male or female name) were sent to faculty at various institutions. The applicants with male names:

❖were offered the position more often;

❖offered more mentoring opportunities;

❖offered thousands more in salary than identically qualified women.

Hurricane Alexandra vs. hurricane alexander

Changing a hurricane's name from male to female nearly triples the storm's fatalities.

Why?

Microagressions

The brief and commonplace statements or behaviors that, intentionally or unintentionally communicate a negative message about a non-dominant group. It’s not always obvious. It can be ambivalent. It can be well-intentioned.

“Given what your husband does, do you really need this job?”“Can you be a dear and…?”“I’m pleasantly surprised by…”

Turning to the male attorney for an answer.Other Examples?

Are We Just Too Sensitive?

Are Lawyers Immune?

IMPLICIT BIAS RE: SELECTION AND RETENTION OF JUDGES

• Women and minority judges scored lower on measures asking whether they should be retained than male or white judges;

• Women and minority judges were significantly more likely to be rated “not adequate” and significantly less likely to be rated as “more than adequate.”

• U.S. District Court Judges who were women, African-Americans and Hispanics were associated with lower ABA ratings even after controlling for education, race, gender, political affiliation and prior experience.

.

Report of the ABA Commission on Women in the Profession with Minority Corporate Counsel Association (MCCA) found:

Women lawyers of color were eight times more likely than white men to report that they had been mistaken for janitorial staff, administrative staff, or court personnel.

% OF ATTORNEYS WHO reported that they had equal opportunities for high-quality assignments.

80% of white men

63% of white women

59% of men of color

53% of women of color

Around half of all women lawyers (49% of white women, 51% of women of color) reported that credit for their contributions was stolen by somebody else.

Expressing Anger in Court

Three experiments at the University of Arizona tested whether expressing anger in court makes attorneys more effective and whether this depends on their gender. They randomly assigned participants to view a male or female attorney presenting the same closing argument in either a neutral or angry tone. They reported their impressions of the attorney and how likely they would be to hire the attorney.

Despite all attorneys delivering the exact same closing statement…

People reacted significantly more favorably to male attorneys who expressed anger compared with when they were calm.

But reacted significantly less favorably to female attorneys who expressed anger compared with when they were calm.

Female attorneys were seen as significantly less effective, while angry male attorneys were seen as significantly more effective.

The Massachusetts

Bar

• 1000 women, 200 men surveyed

• 38% reported they had received an unwelcome email, text or instant message of a personal or sexual nature at work. 66% did not report.

• 40% stated they had been present when comments or jokes were made that were sexual in nature or disparaging of other people or groups. 87% did not report.

• Almost 40% said they had been bullied or witnessed bullying in the workplace.

• More than 21% received or witnessed unwelcome physical contact at work.

• 40% did not know if their firm had a policy on sexual harassment. 13% said their firm had no policy at all.

The Iowa Bar

In the past 5 years, have you experienced or witnessed behavior that you felt demonstrated harassment or discrimination on the basis of gender, or other forms of gender bias, in the practice of law?

84% of women said, “YES!”

24% OF MEN SAID, “YES!”

The Maine Bar

1581 Responses

23% said they had experienced conduct considered to be inappropriate such as bullying or discrimination.

89% said they did not report it.

35% believed that there was a culture among lawyers that required heightened rules of professional responsibility, education and training.

The Vermont Bar