What do you know about gender bias write 5 lines about it?

Gender bias is the prejudice displayed toward one gender over the other.[1] Often this bias is implicit in our nature — molded by our culture, upbringing, and personal experiences.[2] A simple example of this bias is when a person refers to an individual by their occupation, such as “doctor” or “engineer,” and it is assumed that individual is male. Males, however, are not immune from gender bias. For example, teachers, especially those who teach younger-aged children, are often assumed to be women.[3] This makes it challenging for men to enter the field of early childhood learning.[4] These notions — however antiquated — are difficult to dispel and can carry over into the workplace.

In the practice of law, women lawyers may face certain hurdles that men may not encounter. Often, a woman lawyer must be mindful of how her demeanor will be perceived by judges, juries, opposing counsel, and even her own clients. The same behavior when exhibited by a male may be construed differently than when exhibited by a female. For example, if a male attorney appears outwardly frustrated or angry in the courtroom, he may be viewed as an assertive advocate for his client. When a female attorney displays the same emotions, she may be viewed as temperamental or irrational. At the same time, the woman lawyer must be careful not to be perceived as “too soft” in front of her client and opposing counsel. These perceptions can be the result of implicit bias.

Gender bias can affect women lawyers at every level of the legal profession. Women lawyers may have to field comments from male clients and colleagues who are concerned that a female lawyer cannot go “toe-to-toe” with a male opponent. Women lawyers often find themselves reminded of their male opponents’ experience, regardless of their own experience. It is not uncommon to hear comments that men can more effectively resolve disputes with male opposing counsel and get their client a better deal than their female team members because men speak the same “language.” And we’ve all heard the tales of women lawyers being mistaken for court reporters, assistants, and paralegals — or experienced it firsthand. The Florida Bar’s 2016 Survey on Gender Equality in the Legal Profession confirms these anecdotal experiences.[5] The survey found:

• 29% of female respondents and less than 1% of male respondents report personally experiencing being addressed by names like “honey” or “sweetie” by male lawyers.

• 27% of female respondents and less than 1% of male respondents report personally experiencing female lawyers being accorded less respect than male lawyers.

• 18% of female respondents and 5% of male respondents report personally experiencing being treated differently by opposing counsel in court or related proceedings than other counsel of a different gender.

• 17% of female respondents and 4% of male respondents report personally experiencing being asked to do lower-level tasks not typically requested of other attorneys of a different gender.

• 14% of female respondents and 4% of male respondents report personally experiencing their work being attributed to or assumed to be that of another lawyer of the opposite gender.[6]

Women in the legal field who choose to have children grapple with an additional set of gender biases: how much time to take off; will time off affect their partnership track; will their cases be reassigned? The issue of trial continuances based on maternity leave is still heavily debated, drawing criticism from women and men alike.[7]

For example, Christen Luikart, a Jacksonville attorney requested her trial be continued because of her pregnancy. Her male opponent strongly opposed the requested continuance.[8] In doing so, he compared Luikart’s pregnancy to an illness. Ultimately, Luikart’s request was granted, but Luikart’s story is not uncommon,[9] and not all women will have the same outcome.

Florida lawyers and the Florida Supreme Court are considering a new Rule of Judicial Administration regulating parental-leave continuances.[10] The rule would require judges to grant a motion for a 90-day continuance based on parental leave of the lead attorney if the motion is timely filed and if there is no substantial prejudice to the opposing party.[11] If a party opposes the motion on the basis of substantial prejudice, the attorney seeking the continuance has the burden of demonstrating the lack of substantial prejudice. The proposed rule was launched because women lawyers found it increasingly difficult to obtain continuances of trial in their cases, forcing them to hand off their cases to other attorneys because of their pregnancies.[12]

Gender bias seems to make headlines on a weekly basis. For example, Judge Hughes, a male federal judge in Houston drew national attention after making demeaning and inappropriate comments beneath the dignity of the profession.[13] The incident occurred when a prosecutor turned over new documents after the deadline set by Judge Hughes. The judge, after expressing his apparent displeasure, was quoted as telling the prosecutor, “[i]t was a lot simpler when you guys wore dark suits, white shirts and navy ties,” and “[w]e didn’t let girls do it in the old days.” While the appellate court ordered Judge Hughes to be replaced with another judge, Judge Hughes later explained that his comments were directed at a woman in his courtroom who was “inappropriately dressed.” Whether Judge Hughes’ comments were ill-timed or impulsively made, it highlights the core issue — gender bias is a real issue that impacts lawyers on a daily basis, especially women lawyers. Women are often still not regarded as having the same competencies as their male contemporaries in a still heavily male-dominated environment.[14]

While the legal system has made significant strides in addressing gender bias, it is still an issue affecting both new and experienced women lawyers, in and out of the courtroom. As we continue to bring awareness, identify the biases, and learn to counteract them, women lawyers should not feel compelled to mimic their male counterparts or act differently than they normally would. Women lawyers should be encouraged to rise above the biases, implicit and actual, by honing their individual styles.