Is a "Sweet Personality" an Essential Job Function for a Lawyer? Only If You're a Woman

Posted by Molly DiBianca On August 9, 2008 In: Gender Discrimination , Women In (and Out of) the Workplace

Lawyers have an image problem.  We're up against some serious stereotyping issues.  I can't tell you the number of times I've been asked, "What do you do," and replied, "I'm a lawyer," only to be met with good-natured giggling.  It happens a lot--especially on the weekends when I'm not wearing a suit and I look like a "normal person."  pigtails

I also hear, "You're too nice to be a lawyer."  What does that mean, really?  Is there actually a "niceness" qualification to practice law?  I don't recall that being mentioned when I went to law school.  Nor do I recall there being a question about my ability to be "sweet" on the bar exam. 

Apparently, I didn't take the same exam as the managing partner of Cohen Ponaini Lieberman & Pavane, an intellectual-property firm in New York.  A female attorney who was terminated from the firm has filed suit against the firm for gender discrimination and retaliation.  According to her complaint, the attorney was told that she would never make partner because the male partners were "uncomfortable" with her.  She alleges that she was reprimanded for being insufficiently sweet in her dealings with a paralegal. 

The court has ruled that the alleged comment is enough for the case to proceed.  In its opinion, the court wrote that the comment, if made, is sufficient to demonstrate that the partner had stereotyped women as "sweet and non-aggressive" and that the former attorney did not fit that stereotype.

As reported by the ABA Journal reports, the firm stands by the termination on the ground that the attorney was "insulting and unprofessional" in her dealings with others and that she'd had numerous personality conflicts with numerous staff members and other lawyers. 

I suppose that she could have been a royal pain to her co-workers and staff and, also, not be a very sweet person.  It's sort of implied, isn't it--that you're probably not seen as being sweet if you can't get along with others.  Just a guess. 

So did the managing partner make a mistake in his choice of adjectives?  If he'd called her a royal pest, there'd be no gender-discrimination claim.  If he'd called her something less flattering--a jerk, for example, he'd also not be getting sued.  But, if he'd called her the "b-word," that would be a different story, wouldn't it? 

I'm not sure how this lesson could be incorporated into supervisor training, though.  Do we need to compile a list of bad names that don't evoke gender bias?  Well, it's an idea.

Start Your Engines: NASCAR Faces Harassment Suit

Posted by Molly DiBianca On June 11, 2008 In: Cases of Note , Gender Discrimination , Race Discrimination , Sex Discrimination , Sexual Harassment , Sexual Orientation Discrimination

NASCAR has been sued for race discrimination, gender discrimination, and sexual harassment.  The plaintiff, a black female former official, seeks $225 million in damages.

NASCAR Discrimination Suit

The plaintiff, Mauricia Grant, worked as a technical inspector in NASCAR's second-tier Nationwide Series until she was fired in October 2007. She'd been with the organization since 2005, when she alleges the harassment and discrimination began. 

Her complaint, filed in federal court in New York, lists 23 specific instances of alleged sexual harassment and 34 specific instances of alleged gender and racial discrimination.

Despite an increasingly female fan base, NASCAR has long been a "man's sport" with women's involvement traditionally limited. 

Grant claims that she was harassed based on her race and her gender, as well as subject to a sexually hostile work environment.  In support of her racial discrimination claim, she alleges that she was referred to as "Nappy Headed Mo" and "Queen Sheba" and was told that she worked on "colored people time. 

One official, Grant alleges, routinely made references to the KKK.  And, while riding with coworkers at Talladega Speedway, she was told to duck as they passed by race fans because, one said, "I don't want to start a riot when these fans see a black woman in my car."

As for the sexual harassment, she says that she was accused of being gay when she ignored advances of co-workers.  She also claims that those same co-workers exposed themselves to her and made graphic and lewd jokes.

Grant also alleges that she routinely complained about the conduct to multiple supervisors, who responded that she should just "deal with it," and dismissed the conduct as attributable to "former military guys" with a rough sense of humor.

Source:   ESPN: Ex-NASCAR worker alleges racial discrimination in lawsuit

Gender Discrimination & Dress Codes. Who wears the skirt, I mean, pants in your office?

Posted by Molly DiBianca On June 7, 2008 In: Dress & Attire , Gender Discrimination , Human Resources (HR) , Women In (and Out of) the Workplace , Workplace Policies

Dress codes prefer males over females.  Ok, maybe not. But it's hard to deny that men who work in jobs that expect traditional, corporate-minded attire, certainly have far fewer choices than women.  And fewer choices can mean fewer mistakes.  Let's face it, a suit is a suit is a suit.  Granted, men can make some pretty bad choices about their tie-shirt combos but it's quite different than selecting accessories like earrings, necklaces, scarves, shoes, and the list goes on.

woman in skirt

I recently read a post by Laurie Ruetimann at Team Building Is for Suckers, which talked about an article in The WSJ  on the issue of women's choice for work wear and the effect it really has on their success.  Her post raised some interesting questions about whether there is a double standard when it comes to fashion choices by men and women. 

Among practicing attorneys, the belief that lawyers should "look like lawyers" remains firmly in place.  Even less conservative attorneys that I know would never consider going to see a client or giving a seminar in anything other than the traditional blue or black suit.  Brown doesn't cut it, for those of you who were wondering.

Personally, I have many times struggled with "what not to wear" as the show's title goes.  I, for one, take my fashion choices pretty seriously.  Ok, maybe even too seriously. But, knowing that I tend to be far more fashion forward than fashion conservative, I try to be especially aware that I don't cross the line--wherever that may be. 

The most grounding experience I've ever had regarding professional attire occurred before I ever was a professional.  The "memorable" and eye-opening encounter occurred during law school when I participated in a intra-school "moot court" competition (think debate team for lawyers in training).  My female teammate and I burned through our competition during the early rounds and suddenly found ourselves, unexpectedly, in the semi-finals. 

Our opponents, two men, were friends of mine.  They were also very good oralists and were taking the competition very seriously. The panel of judges were actually "real" judges, who volunteered their Saturday afternoon to attend the event, fire questions during our arguments, critique the speakers, and, in the end, declare the winners.  Our panel included two male and one female state court judges.  The men ranked significantly higher than the woman in the judicial hierarchy.

Our opponents went first and, without a doubt, were outstanding.  Then, it was our turn.  We gave an equally outstanding performance.  I was thrilled.  My family had come to watch and I was so proud to have made what I knew was a finalist-worthy argument.  I was excited to hear the critique of the judges but, honestly, did not particularly care whether we advanced or not. 

The satisfaction of performing at my best was satisfaction enough.

The judges gave our adversaries their critiques first.  As is the norm, they included both good and bad points.  Hearing the comments, I knew we were going to be declared the winners--all of the points where they had done poorly, we had performed at a top level. 

Finally, it was our turn and my teammate and I walked to the podium to hear from the judges. There was a true audience in attendance, too.  The family and friends of each of the four participants, as well as participants who had been knocked out in earlier rounds, and the hosts and volunteers running the event were seated in the auditorium style seats behind us.  I was beaming with pride.

The male judges spoke first. Each of their points were right on target.  They'd caught us when we'd struggled for answers or tried to evade their questions.  They commented on our demeanors and our use of eye contact. 

The female judge was the last to speak.  She began with my partner and then turned her comments to me.  She made a few, half-hearted introductory points, like, "Overall, your presentation was very competent."  Then the niceties were over.  She glared at me, looking over the rim of her eyeglasses, which sat perched at the end of her nose.  And, without emotion, she announced that we would not be proceeding to the final round. 

Without hesitation, she declared that she had voted for our opponents because I had not worn a skirt. 

A skirt. 

That's right.  I had worn a pants suit to the argument.  For no reason other than, at the time, it was the nicest suit I owned.  The one skirt suit I had was fairly worn and I wanted to make sure that I presented the best appearance possible. 

She explained in an almost angry tone that, if this was the real United States Supreme Court (instead of the mock trial version), would I have really shown up in pants?  She almost shuddered in disgust when she finished the sentence.  

Clearly, she went on, I had not taken this competition seriously.  It was a flagrant act of disrespect for me to make the fashion choice that I had made so flippantly. 

She continued on about the trials that the women before me had been forced to endure so that I could even attend law school today or have any shot at success in my chosen profession. She continued on. 

But, by that point, I was no longer listening.  I was fuming.  It took every ounce of self-control I could muster not to react.  I wanted to cry over the sheer humiliation I felt as she berated me in front of my mother, my father, and an entire room full of strangers.  More than that, though, I wanted to tell her that it was women like her that would force my daughters and granddaughters to continue to fight for true equality in the workplace.  Not the two men who sat beside her--they had been courteous and genuine when they spoke.  It was clear that they believed in each of the participants and felt a kind of true joy to see what would develop into the next generation of lawyers.

It was her, the only woman on the panel, and women like her, that the future generations had to worry about.

And what about now?  Now do I wear a skirt suit or a pants suit when I go before the Court?  I'll be honest and say that it is something I consider each and every time.

Mommy Bias – Truth or Fiction?

Posted by Adria B. Martinelli On May 19, 2008 In: Family Responsibilities Discrimination (FRD) , Gender Discrimination , Pregnancy Discrimination

The so-called “anti-Mommy bias” has garnered a lot of attention recently. A type of workplace discrimination, “anti-Mommy bias” is also known as maternal profiling, or family responsibility discrimination. (See this recent article in the Cincinnati Enquirer and my earlier post on Family Responsibility Discrimination).

Sketch of woman balancing baby and briefcase

Groups such as the Center for WorkLife Law and 9to5, National Organization of Working Women, have reported alarming statistics regarding the increase in this type of discrimination. Kohl’s was recently hit with a multi-million dollar verdict (for allegedly discriminating against one of its managers because she was a mother.

Nevertheless, a recent survey suggests that the mommy bias may be more fiction than reality. According to the survey, only 15% of mothers say that becoming a mother has had a negative impact on their career, while 65% say that it has had no impact on their career path. If these survey results are correct, the problem may not be as widespread as it seems.

Nonetheless, given the national attention to this topic, and the EEOC’s focus on it (see EEOC’s Guidance on Caregiver Discrimination), I expect we will continue to see a rise in these types of claims. For tips on avoiding this type of claim, see the free corresponding handout, which can be downloaded from my prior post.

[H/T to Ohio Employer’s Law Blog]

Restaurant Chain Dishes Out $1 Million in Settlement of EEOC Claims of Gender Discrimination

Posted by Teresa A. Cheek On May 13, 2008 In: EEOC Suits & Settlements , Gender Discrimination , Hospitality Law

Restaurants and hospitality organizations, beware--news of another seven-figure EEOC settlement with casual-dining franchise, Razoo's Cajun Cafe restaurants.

Male Bartenders Given Preference by

The EEOC announced on May 7, 2008 that it had settled a class-wide discrimination case filed against Razzoo’s, a chain of Cajun restaurants, with 11 locations in the Dallas/Ft. Worth and Houston areas.

According to the EEOC, Razzoo’s had a policy favoring women for bartender positions. The EEOC alleged that the restaurant sent managers a plan calling for an 80-20 ratio of women versus men bartenders. The Commission also cited an informal policy that did not allow male bartenders were to work “girls-only” events.


Razzoo’s agreed to split $775,000 among a class of affected male servers, bartenders and applicants, and to spend the other $225,000 either to hire a human resources consultant or to set up an in-house human resources department.

Good idea.