which are the largest, that’s where you see the difference of $100,000 per year. Tat means that women make only 66 percent of what men make. In other settings, it is quite different. For example, in public interest jobs, women’s earnings exceed men’s by a margin of $90,000 to $70,000, and in solo practice, women make $65,000 on average, and men make $60,000. We don’t yet know why.” In medium-sized law firms of 100 to 250 attorneys,
women still lag behind but not as badly: Women earn $170,000 on average, and men earn $193,000. Even in in-house law departments, a sector that has attracted many women in the past several years, the survey indicates that women make only 86 percent of what men make. As Sterling summarized the situation in a 2013 law
review article that she co-wrote with Nancy Reichman, a professor of sociology and criminology at the University of Denver, “Although women have made some gains in the practice of law, they lag behind men in the numbers going to law school, entering the profession, career earnings, and advancement. Tus, perhaps not surprisingly, they are more likely to leave law practice than men.” Sterling and Reichman write in their article that part of
the problem can be explained by invoking the concept that major law firms are “gendered organizations.” “A gendered organization,” they write, “is not necessarily
populated by men. Rather, it is an organization defined, conceptualized, and structured in ways that puts a premium on masculine characteristics, including a willingness to work ‘on demand,’ free from domestic responsibilities. Gendered organizations are infused with stereotypes about the appropriate roles for men and women that create roadblocks to slow or prevent upward mobility of women to positions of power within them.” For example, Sterling says in an interview, “In a major
firm, if you have two people being evaluated and one is a woman, even if she is not pregnant, management will think she is going to get pregnant. Ten the assumption is that she will stay home with her child/children, and that percep- tion will color the evaluation of her. Similarly, women are less likely to be asked to travel or to get plum assignments that are essential to success, because the perception of them is that they have responsibilities at home that may conflict. “It’s not enough to be in a large firm and to do well,”
Sterling says. “In addition, you need to have other people who recognize you are doing well, if you want to make partner. So if fewer women are making equity partner, that can account for much of the salary gap.” Sterling recalls the experiences of a “star” woman attor-
ney who was interviewed for the study. “She won a lot of cases that brought in significant money
to the firm and great results for its clients. But after her tenth or eleventh year, the firm gave her a $150,000 check and told her to find a new job,” Sterling says. “She was preg-
MCCA.COM 21
“A GENDERED ORGANIZATION IS NOT NECESSARILY POPULATED BY MEN. Rather, it is an organization defined, conceptual- ized, and structured in ways that puts a premium on masculine characteristics, including a willing- ness to work ‘on demand,’ free from domestic responsibilities. Gendered organizations are infused with stereotypes about the appropriate roles for men and women that create roadblocks to slow or prevent upward mobility of women to positions of power within them.”
JULY/AUGUST 2014 DIVERSITY & THE BAR®
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