My Brain is Up Here

Reading this article was a powerful and emotional experience. Sometimes, we know certain truths, but seeing them confirmed with actual data can be both validating and heartbreaking.

“Whether women have children or don’t have children, want children or don’t want children, they are perceived as less worthy of positions, promotions, and earnings than their male colleagues. As noted in legal scholar Joan C. William’s book Unbending Gender, ‘The impact of motherhood shadows every woman, narrowing her options. Even those without children may be harmed.’ Yet if we keep marginalizing women at work — no matter their parental status — we all lose out. Innovation requires a diversity of ideas and perspectives. As a World Economic Forum study found, companies with above-average diversity reported higher innovation revenue than those with below-average diversity. When half the population is kept from contributing or advancing at work, societal progress is slowed.”

How Biases About Motherhood Impact All Women at Work

In my own career, I have been told that my perspectives would change once I have children. I have also witnessed hiring decisions influenced by a woman’s potential for motherhood, and I have observed how women without children are often expected to take on more work, as their time is perceived to be “less valuable.” This issue is playing out in real time on the political stage as well.

There are four biases that the article addresses:

1. The “Maybe Baby” Bias: Women are penalized for the idea that they may have a baby in the future, even when some women are adamantly child-free.
2. The “Do More” Bias: Child-free women are asked to do more work because it is believed that they have nothing else to do in their non-work time.
3. The “Pay Less” Bias: Child-free women are paid less because they are “not working to support a family,” and so their labor is deemed less valuable.
4. The “Never Quite Right” Bias: There is a notion that something is wrong with women who don’t have or don’t want children. This bias is currently visible in the US political arena, where women without children are perceived as “less invested” in the country’s future and less capable of managing people and companies.

The article’s authors also point out the intersectional piece of this, saying too that, “Black women are often subject to these opposing expectations. ‘Either we have children too early, or we choose to have them too late if we put our careers first,’ as anthropologist Khiara Bridges observed in an article in Harpar’s Bazaar.

It’s crucial for everyone to understand that misogyny and patriarchy remain pervasive, even as we celebrate milestones like Kamala Harris gaining the Democratic nomination. In an industry that continues to see equal numbers of women coming out of law school but not being retained at the partnership level in law firms, these are critical issues that we must examine. We all have a role to play in challenging and dismantling patriarchy in all its forms. This article provides excellent suggestions on how we can take action.

Actionable Steps to Combat Bias:

1. Flexibility, Not Judgment: In 2024, we all understand the need for flexible work. However, law firms often prioritize client needs above all else. While clients will always be important, firms should create teams in a way that no one person is always on call, allowing for a balance of responsibilities. Flexible work should be offered to all employees without requiring justification, recognizing that parenting is not the only form of caregiving.

2. “Flip it to Test it”: Use this method in hiring and promotional decisions. When you make an assumption about a female candidate, pause and ask if you would make the same assumption about a male candidate. For example, if you question whether a woman might need maternity leave, ask if you would consider the possibility of a man needing paternity leave.

3. Equitable Work: Ensure nonparents are not disproportionately burdened with additional work when parents are on leave. Firms should have sufficient staff to cover absences or consider hiring contract lawyers. Offering extended leave for childfree employees, such as sabbaticals, can also promote equity.

4. Equal Pay: Pay should be based on position and not family status. Implement policies to guide pay and raises, use standardized job classifications, and ensure opportunities for bonuses and promotions are available to everyone. Conduct regular pay audits to identify and correct inequities.

5. Encourage Men to Demonstrate Caregiving: Normalize men taking parental leave and other forms of caregiving leave. This reduces the stigma associated with women taking leave and promotes a balanced approach to caregiving responsibilities.

While some firms are already implementing these practices, it needs to become the norm across the legal industry. Addressing these biases benefits everyone, not just women. What other suggestions do you have for helping to combat these biases?