Gender Differences in Workplace Bias
Consistent with national trends, the findings from the 2020 Study of Gender & Racial Bias in Utah's Legal Profession (the "Report") are evidence of significant bias against women lawyers in Utah. Across a range of bias types, the Report's findings show that women are significantly more likely than men to experience bias, stigma, harassment and hostility in the workplace. The Report also finds that women lawyers in Utah are particularly vulnerable to agency penalties, flexibility stigma, sexual harassment and hostile workplace experiences.
Prove-it-again Bias
Men - 17%
Women - 34%
Tightrope Bias
Men - 14%
Women - 37%
Agency Penalties
Men - 21%
Women - 42%
Parenthood Penalties
Men - 5%
Women - 20%
Flexibility Stigma
Men - 22%
Women - 36%
Sexual Harassment
Men - 24%
Women - 44%
Hostile Workplace
Men - 35%
Women - 62%
Women's Experience of Bias, 2010-2020
The Report's findings also provide evidence of minimal improvement over time in the experiences of women lawyers. Women’s representation in law and in partnership positions has remained static over the past decade. On several measures, including access to senior positions, harassment, unfair treatment and optimism about promotion opportunities, we see minimal change or increases over time in the experience of bias. While these findings may reveal greater awareness of bias and/or rising expectations for fair treatment among women lawyers, they underscore the importance of implementing equity and inclusion practices across the profession.
Women Partners
2010 - 11%
2020 - 12%
Women Attorneys
2010 - 23%
2020 - 23%
Harassment
2010 - 10%
2020 - 27%
Unfair Treatment
2010 - 23%
2020 - 29%
Sex Discrimination
2010 - 10%
2020 - 17%
Use Flexible Arrangement
2010 - 27%
2020 - 20%
Optimistic About Promotions
2010 - 57%
2020 - 50%
The Report's findings indicate four areas of progress:
- The stigma associated with use of flexible work arrangements is lower in Utah than nationally, suggesting Utah may be more family-friendly than other states.
- The gender gap in reliance on flexible work arrangements has declined over time, and in 2020 men and women were equally likely to desire alternative work schedules.
- In 2020, men and women were more likely than in 2010 to see a long-term future in their current position, indicating growing career support and stability among Utah lawyers.
- Women lawyers reported greater access to mentorship in 2020 than they did in 2010, suggesting growing support for women’s careers.
Organization of the Report
This report summarizes key findings related to bias in Utah’s legal profession. In the first section, we compare gender and racial bias in Utah against national trends by comparing findings from the 2020 WLU survey and the 2018 ABA survey. In the next section, we compare findings from the 2010 and 2020 WLU surveys to identify changes over time in the experience of bias. The third section reviews evidence from interviews that illustrate the types of biases experienced by women of color, LGBTQ+ lawyers and women law students as well as interviewees’ ideas for reducing bias in law. We conclude the report with a detailed review of best practices for organizations and individuals with the aim of eliminating bias in hiring, retention and advancement.