Big Law Survey Shows Big Pay Gap, Equity Disparity for Women

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If you are a woman working at a big law firm, it may be hard to understand why your paycheck falls short compared to your male co-workers. A new study shows you are not alone.

In this blog post, I will review a study performed by Major, Lindsey & Africa, a legal search firm based in Washington, DC. I will explain how women partners’ hourly rates, billable hours, and origination attribution may all be contributing to a large pay gap for female equity and nonequity partners in the nation’s largest firms.

The Statistics Behind the Pay Gap

Major, Lindsey & Africa is a legal search firm, which performs a biannual survey of partner compensation among big law firms. In October the firm announced its 2016 results, which are based on over 2,150 responses. The survey shows the gender pay gap continues to be a problem for the legal industry. According to the survey, the average male partner earned $949,000 per year, compared to only $659,000 for female partners. The survey also showed a distinct gap in billable rates ($701 for men compared to $636 for women) and annual billed hours (1,703 as compared to 1,632 for women).

Gender Pay Gap Explained as Origination Differences

Study author Jeffrey Lowe, Managing Partner at Major, Lindsey & Africa’s Washington DC office, says:

“Originations is probably the single biggest determination of what your compensation will be.”

Origination is defined as the total dollar value of work performed and collected by a law firm as a result of a partner’s efforts. The survey showed that the average male partner has over $2.5 million in originations, compared to $1.7 million for women.

“That’s the crux of the issue: Why are men generating more business than women?” Lowe said. “Is there some boys club aspect or not?”

At least part of the problem of origination can be seen in the difference in the billable hour. With a $65 difference in the average billable hour and over 1,600 hours billed each year, that difference can add up. But most partners do not set their own billable rate. It is decided by the firm. If a woman’s firm won’t agree to bill equally for their work, that female lawyer will end up having to work harder for the same amount of origination credit.

Equity Partnership May Play a Role

Another reason why female partners make less may have to do with their position. While the Major Lindsey study did not separate equity from nonequity partnership, another 2016 survey by The American Lawyer did. It found that at the 254 largest U.S. law firms, women made up 27% of the nonequity partners and only 17% of equity partners. Becoming an equity partner increases a lawyer’s pay, billable rate, and support in the office, so the vast difference in numbers is a problem.

“Many firms want to address it,” Lowe said, “but when you try to address it with them it becomes a question of, ‘How much business do [these lawyers] have?’”

Big Law Gender Pay Gap Causes Dissatisfaction at Work

The Major Lindsey survey also dug into the effect of the gender pay gap. Lowe asked big law partners how satisfied they were with their salaries, and their jobs. The number of women dissatisfied with their pay has grown from 5% in 2014 to 8% in 2016. Another 19% of women said they were “not very satisfied” with their salaries.

While only 10% of partners cited gender bias as a reason for their disappointment, another 24% attributed it to cronyism, which is a related concern.

Female Partners File Gender Pay Gap Lawsuits

Many female partners feel they are not given credit for the work they do perform. Earlier this year, Attorney Kerrie L. Campbell sued big law firm Chadbourne & Parke, LLP, for violations of the Equal Pay Act and gender discrimination. Her complaint said that she was being credited with fewer “compensation points” based on origination factors than her male counterparts. Similarly, Kamee B. Verdrager sued Mintz Levin, saying credit for business she brought in was incorrectly being credited to male attorneys in her firm. Once, origination credit was assigned to a male attorney who didn’t even know the client’s name.

The Equal Pay Act is designed to protect women whether they are in the file room or a top equity partner. At Eisenberg & Baum, LLP, our gender discrimination attorneys understand how to use the law to protect women and their rights against industry-wide problems of sex bias and discrimination. If you believe that you are being paid less than your counterparts because of your gender, contact Eisenberg & Baum, LLP, today to schedule a free consultation.

ESPN Spotlights Deaf High School Football Team

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Weeknight high school football is all about the atmosphere. The teamwork, the coaching, and the sound of the crowd. But a recent GEICO ESPN High School Football Showcase made an exception to that rule. It aired the first game in its history featuring an all deaf high school: California School for the Deaf.

In this blog, I will review the work done by ESPN to include deaf athletes in the excitement of high school football, and the importance of including disabled athletes across the country.

ESPN’s “Silent Night Lights” Sets the Stage

In 2015, ESPN aired a special presentation on its E:60 program called Silent Night Lights. The 15 minute segment told the story of the California School for the Deaf in Fremont, California. The school, which was founded in 1850, has 450 deaf students, all of whom learn and are taught in American Sign Language. And that extends to the football field.

The CDS Eagles teammates say that they are often seen as underdogs in their games because they can’t hear. But using signs and signals they are able to communicate, even changing up plays on the fly with no huddle. When the deaf athletes win, some hearing teams get angry, but the Eagles don’t let that bother them. Their 2014 season ended up 8-2. Every win was a shut-out. But then they lost in the playoffs.

Historic Telecast Features Deaf Athletes for the First Time

Then, on October 20, 2016, the California School for the Deaf was back on the air, live. As part of the GEICO ESPN High School Football Showcase, the team faced off against Woodland Christian. It was the first time ESPN aired a game featuring an all-deaf team. Martin Khodabakhshian, E:60’s senior producer, said on ESPN Front Row:

To have the opportunity to direct the documentary “Silent Nights Lights” with my incredibly talented and passionate production team was a true honor and blessing.

And now to see that lead to ESPN airing one of their games live on our air? In the words of CSD Fremont’s head football coach Warren Keller, this is going to be “a historic event for the deaf community and the school.”

Carrie Kreiswirth continues:

I’m so thrilled that we as a company are covering the school and game the way we are, and bringing a national spotlight to the accomplishments that the deaf community is accomplishing especially at the California School for the Deaf-Fremont.

It’s going to be one of the most memorable events of my career to be allowed to be a part of the broadcast and help in any way I can and be on the ground this week. Simply amazing.

The telecast included several deaf-oriented aspects. Starting lineups were signed. The CDS cheerleaders were shown signing the national anthem. Several mothers were interviewed about their sons’ participation in the sport in light of their disabilities.

After the game was aired live, ESPN also posted a recap on its website including an ASL interpreter and a vocal interpreter to help viewers understand the players. When time ran out, California School for the Deaf, Fremont, was on top 43-0, their 4th shut-out of the 2016 season.

From Football Highlights to Disability Rights

ESPN’s historic decision to air an all-deaf football team’s game highlights the importance of disability rights in public schools. All students are entitled to access to public education. But often, students with deafness or other disabilities find their way to an education barred due to a lack of accommodations. ESPN’s work with CDS shows that not only are deaf students able to compete in sports at a high level, they can excel.

At Eisenberg & Baum, LLP, we want to win for our deaf clients, too. At the Eisenberg & Baum Law Center for Deaf and Hard of Hearing, we advocate for students, employees, tenants and patients who need help getting the protection and accommodations they need. We use tools like the Americans with Disabilities Act to make sure deaf individuals have access to education, work, medical care and housing. Our deaf-friendly office provides sign language interpreters and videophones for our clients. Our team includes a CODA attorney fluent in sign language and a deaf rights liaison, to make sure their stories are heard.

We applaud ESPN for the work it is doing to spotlight deaf athletes. And we hope that it will be the start of a trend toward treating disabled students with respect and dignity, and give them a fair shot at greatness.

Top 5 Reasons Women Sue Their Employers

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What would make a woman take her employer to court? If you are facing a difficult situation at work, you may wonder what other female employees have done to get fair treatment. Here are some common forms of discrimination lawsuits that women file against their bosses.

In this blog I will discuss 5 common issues for employment lawyers who advocate for women. I will introduce issues of gender discrimination, pregnancy and disability accommodations, and equal pay wage gap problems. I will also provide examples for each kind of discrimination.

Women Sue to Stop Sexual Harassment

Whether it is overt sexual advances or repeated sex-related jokes, sexual harassment can make an office or job site unbearable. When gentle reminders and formal complaints fail, women often have to take their employers to court to stop sexual harassment. There, the judge will look at whether a pattern of behavior is so extreme or pervasive that it creates a hostile working environment.

For example, if a woman is repeatedly exposed to pornographic male images, even after asking her co-workers to stop, she may be facing sexual harassment. If her employer won’t do anything about the “jokes” she could be able to sue.

Gender Discrimination Lawsuits Help Break the Glass Ceiling

Gender discrimination doesn’t always look like harassment. Sometimes, a woman will discover that she is being given poorer working conditions or has been passed over for promotion simply because of her sex. When a manager, supervisor, or boss bases employment decisions on sexual stereotypes, it can result in an adverse employment decision and the basis for a gender discrimination lawsuit.

For example, if a woman has the qualifications for an accounting position at her company, but her boss gives the job to a man because “women can’t be trusted with money,” she may have a claim.

Expectant Mothers Stand Up Against Pregnancy Discrimination

The birth of a child should be a joyous event. But sometimes, when an expectant mother gains a child, she loses a job. Even though the Pregnancy Discrimination Act prohibits making job decisions based on a person’s pregnancy, childbirth or related medical condition, many women find themselves having to choose between family and work. When an employer refuses to make temporary accommodations for a pregnant woman’s medical restrictions or denies a pregnant mother unpaid leave, those decisions can sometimes lead to a pregnancy discrimination lawsuit.

For example, if a woman takes unpaid maternity leave from a larger company, only to find she has been replaced when she is ready to come back, she could be entitled to file a lawsuit.

Disabled Women Deserve Work Too

Not every lawsuit a woman brings against her employers has to do with her gender. Women also face discrimination at work for things like race, religion, and disabilities. When a female employee is disabled, for example, she may have to sue to get the reasonable accommodations she needs to complete her work. The Americans with Disabilities Act and the Rehabilitation Act are designed to make sure every worker has the tools she needs to do her job. Still, many employers are unwilling to make even simple accommodations for their workers. When that happens, women can get the help they need through a lawsuit under the ADA.

For example, if a female cashier’s physical condition makes it difficult to stand at her register for her entire shift, she may request a stool to sit on as an accommodation. If her employer refuses even though it would not be unreasonably expensive or difficult, she may be able to sue.

Women Sue for Equal Pay at Work

Even when an employer doesn’t interfere with a woman’s work, it may still be discriminating against her when it comes to her pay check. In many industries, women make significantly less than men for doing the same work, even though that is illegal under the Equal Pay Act. When a woman discovers that she is making less than her male counterparts because of her gender (rather than performance or seniority, for example), she may be able to sue for wage discrimination.

For example, if a professional woman discovers that her annual bonus is half of that received by male employees with similar work histories, she may be entitled to file a lawsuit.

Helping Women Get Fair Treatment at Work

When women find the odds stacked against them at work, they need the help of skilled and experienced gender discrimination attorneys to set the records straight. At Eisenberg & Baum, LLP, we help women every day to get equal treatment from their employers. Whether your case involves gender discrimination, sexual harassment, or pregnancy, disability, or wage discrimination, we can help you make your case. Contact Eisenberg & Baum, LLP, today to schedule a free initial consultation and find out whether it is time to sue your employer.

What Does Quid Pro Quo Sex Discrimination Really Look Like?

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When someone at work comes on to you, it can be hard to know whether saying no will put your job at risk. Is it just a friendly offer, or is your promotion, seniority, or even you career on the line? Find out what quid pro quo sex discrimination looks like in today’s workplace, so you know when and how to fight back.

In this blog post, I will describe several hypothetical examples of quid pro quo sex discrimination and explain how each may result in an employment discrimination claim. I will also explain the next steps you should take if you think your boss is holding your job hostage to sexual requests.

What is Quid Pro Quo Sex Discrimination

“Quid pro quo” is a Latin for “something for something” or “this for that.” In the legal world, it means that you will get something only if you give something else. In the context of employment, quid pro quo sex discrimination happens when a boss, supervisor, or manager makes it clear that an employee will only get something (like a raise or promotion) in return for saying yes to a sexual demand. It can even apply when the “something” the employee receives is that he or she will not be fired, be reprimanded, or face other negative employment actions.

When it comes to Title VII and the Equal Employment Opportunity Commission (EEOC), illegal sex discrimination or sexual harassment happens when rejection of unwanted sexual advances results in an adverse employment action. This can include being fired, demoted, passed over for promotion, or receiving negative evaluations, among other things. The trigger for these actions is usually the employee’s refusal of sexual advances or requests for sexual favors.

What Does Quid Pro Quo Sexual Discrimination Look Like?

Overt Sexual Offers

Sometimes, the quid pro quo harassment is obvious. For example, let’s say Ellen has been a 3rd shift stockroom employee for a grocery store for almost 1 year. At her annual review, her supervisor, Tony, says he will recommend she be promoted to shift manager if she will agree to certain sexual favors. Quid pro quo: If Ellen gives Tony sex, Tony will give Ellen a recommendation.

Implied Sex Discrimination

Perhaps more often, a supervisor’s sexual advances are more subtle. For example, news reporter Gretchen Carlson recently sued her former employer, Fox News, claiming that Chairman Roger Ailes had made inappropriate sexual advances that amounted to quid pro quo sex discrimination. According to her complaint, Ailes told her: “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.” He added “sometimes problems are easier to solve” that way. While Ailes’ comments didn’t overtly offer career advancement, the idea that “you’d be good and better” implied illegal quid pro quo sex discrimination.

Sex Discrimination at School

Not every claim of quid pro quo sex discrimination happens in the workplace. Sometimes, the thing promised is academic achievement or accolades. For example, imagine that David was a freshman in college, struggling to get through a required history class. He asked his professor, a woman, for help during office hours. When he showed up to her office, the professor made advances on him, but he rejected them. The professor then got angry and told David to leave, refusing to provide the assistance unless he agreed to engage in sexual activity with her. By conditioning the tutoring on David’s sexual willingness, the professor crossed the line into quid pro quo sex discrimination.

Quid pro quo isn’t the only form of gender discrimination. Sometimes sexual harassment can take the form of a hostile work environment. But when promotions, employment, or even termination depends on the subordinate saying yes to sexual favors, the EEOC and civil judges are quick to find discrimination.

The challenge in many quid pro quo sex discrimination claims is proving they happened. If you have been improperly approached by a supervisor or superior, contact the employment discrimination attorneys at Eisenberg & Baum, LLP, today for a free consultation. We will help you gather the proof you will need to take back your job, and your dignity.