According to a study released by the American Bar Association (ABA), lawyers who either identify as LGBTQ+ or as having disabilities face discrimination at their workplaces. Both subtle and overt forms of discrimination are reported, as well as subtle but unintentional biases. The first-of-its-kind national study on Diversity and Inclusion in the American Legal Profession been conducted by the ABA in collaboration with the Burton Blatt Institute at Syracuse University, New York. 

A number of 3,590 lawyers in Columbia have been surveyed for the study between 2018 and 2019, examining individuals with multiple identities that intersect, such as people of differing sexual orientations and gender identities, which do also have disabilities. 

Judy Perry Martinez, President of the ABA, says: “This study is an important first step in working towards a more inclusive and better legal profession by identifying bias and stigmas against LGBTQ+ lawyers as well as lawyers with disabilities. The ABA remains committed to its core goal of eliminating bias and enhancing diversity. Discrimination against people with disabilities and LGBTQ+ individuals, whether structural or unintentional, needs to be eradicated.”

Some of the most important findings of the study are the following: 

• Prevalence of subtle biases: Almost 4 of 10 (38.5%, 1,076) of all responses reported perceptions or experiences of subtle but unintentional biases. More than 1 in 5 respondents (21.7%, 607) noted the experience of subtle and intentional biases.

• Prevalence of mental health conditions: One-quarter (25.0%, 830) of respondents reported a health impairment, condition or disability. Of the 1,374 total responses, almost one-third (30.8%) reported a mental condition, which could include depression, anxiety and cognitive conditions such as attention deficit hyperactivity disorder (ADHD), autism and traumatic brain injury.

• Variations in bias and intersectional identities: Approximately 16.6% of the lawyers responding identified as lesbian, gay or bisexual, and 0.4% identified their sexual orientation as open. Of 67 lawyers who were women and identified as LGB with a health condition, slightly more than half (52.2%, 35) reported they had experienced discrimination in their workplaces. Lawyers with a health condition or impairment and who identify as a person with a disability reported experiencing more overt forms of discrimination, such as bullying and harassment, as compared to people who do not have such conditions. Attitudinal biases and structural barriers may be even more challenging for those with multiple identities that intersect.

• Bias mitigation strategies: When asked to report strategies that were especially effective in lessening either overt or subtle forms of bias or discrimination in their workplaces, fewer than half (46%) reported finding effective strategies. Mentoring within (20.5%, 1,490) and outside (18.4%, 1,335) their organizations was reported as an effective mitigation strategy.

• Requests for workplace accommodation: More than one-quarter of all respondents (28.4%, 807) reported requesting a workplace accommodation from their organization. Of the 730 respondents who reported a health condition, impairment or disability, fewer than half (42.9%, 313) had requested an accommodation.