I overheard a small law firm owner saying he will never hire women because the last female attorney he hired ended up being pregnant, and left the firm immediately after her maternity leave was over. How is this kind of discrimination still going on? How could we address this? One thing I can think of is mandatory parental leave regardless of gender, but I doubt it’ll ever happen in the US.

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Small firm owner here - I heard this when I was a young associate in the late 90s. I have three daughters. I have made it expressly clear to anyone who I hire that there is no conflict between being a parent or being a lawyer. And that we will all work together to make sure that you are not put in the position to make that choice. Again, I have three daughters and at least one of them will be an attorney one day and I would hate for them to not grow to their full potential because of some backward, last century thinking.

likeupliftingsmart

Stumbled here accidentally - I think I went back in time to 4Chan in 2014.

likefunny

Let’s unpack this issue before we start demonizing people:

A small law firm doesn’t have the financial muscle or Jones Day or the like. That associate cost that owner a ton of money and opportunity cost. Who know how that person’s business suffered.

While this falls under the strict definition of discrimination, it’s not fueled by animosity towards a particular group for its own sake. It’s just economics.

I am not sure how to work on this problem but I know the standard social justice warrior outrage is not helpful.

likefunnysmarthelpful

If you can’t afford to run a business without being a discriminatory employer, you can’t afford to run a business. It’s also “economical” not to comply with ADA requirement but that’s not an excuse to discriminate.

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What the owner said and what he does may be different. Hopefully, he was simply frustrated and did not put the hypothetical hiring restriction into practice.

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The onus should 1) be to provide adequate maternity cover for associates on maternity leave - in house departments do this and 2) for the costs not to borne entirely by employers but also by governments.

Children are a societal benefit, but the half-way house behaviour puts all the costs on people in the same department as new parents and on employers to cover for new parents and you can see how that builds up resentment from the child free.

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Depending on how small the firm is, they may be exempt from the ADA, FMLA, Title VII, etc. so, legally speaking, they’re able to do that. It’s sh*tty, but unless that changes there’s no way to legally hold employers like that accountable.

Damn. Sorry you had to listen to that. Your employer? Or just overheard?

It was actually said to me by a small law firm owner who is not my employer.

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