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Article

17 Jul 2020

Author:
Emma Cueto, Law360

USA: Many LGBTQ, disabled lawyers are victims of bias at work according to ABA study

"Many LGBTQ, Disabled Attys Face Unconscious Bias At Work", 14 July 2020.

bout half of lesbian, gay and bisexual attorneys, a third of transgender and gender-nonconforming attorneys, and a third of attorneys with disabilities have experienced unconscious bias in the workplace, according to a new study from the American Bar Association. The survey of nearly 3,600 lawyers across the country, which set out to examine types of marginalization that are often "invisible," found that bias was a fairly common experience for LGBTQ attorneys and attorneys with disabilities, although this was far more likely to come in the form of unintentional bias than discrimination or harassment...The study noted that while diversity and inclusion have become buzzwords in the legal industry in recent years, progress has been slow. However, the study said, most of the attention has focused on attorneys of color and cisgender women, whose marginalization is often immediately visible, as opposed to forms of marginalization that can pass undetected, as is the case for attorneys with disabilities or LGBTQ attorneys...

Attorneys who are women or people of color, in addition to being LGBTQ or having disabilities, were also somewhat more likely to report experiencing bias than their white and male counterparts, according to the study...The study also found that less than half of respondents with health conditions or disabilities requested accommodations from their employer. The study noted this low rate may be due to concerns that a formal request may draw negative attention. About 75% of respondents reported that their requests were granted, however, which the study called encouraging...