The New York Task Force on Women in the Courts issued a report in 1968 that looked at the treatment and experiences of female attorneys, litigants, and other court employees in the state. The report yielded results showing that women were denied opportunities in professional capacities, equal treatment, and justice compared to their male counterparts.
In 2019, the committee issued another study in the form of a gender survey to see if things changed when it came to gender bias in the legal world. While the latest survey results show an improvement, there are still cracks in the legal system when it comes to equal treatment and experiences between genders.
Findings in the Gender Bias Survey
There were three areas of focus in the report. They included the following:
Female litigants, especially in cases pertaining to child support, domestic violence, rape, and a range of economic rights.
The status and treatment of female attorneys.
The status and treatment of female employees in the court system.
Over 5,300 lawyers participated in the gender survey. In several questions that were asked, the responses were clear that there were still areas of improvement for removing gender bias in the legal system. While the survey covered a variety of bases, here are some notable results that stood out.
Verbal and Sexual Harassment
In one question, participants were asked whether female employees experience offensive and inappropriate jokes, obscene gestures, or verbal comments. The results showed that this is something many female attorneys still have to deal with at higher rates than their male counterparts. Twenty-three percent of female respondents said that this type of behavior happened often or very often. Forty-four percent said this type of behavior occurred only sometimes. Only 5% of male respondents reported that this behavior occurred often or very often, and 27% said the behavior happened only sometimes.
When it comes to sexual harassment (in all its forms), only 31% of female attorneys knew how, when, and where to report a sexual harassment claim as compared to 49% of males. Additionally, 76% of all females and 51% of all males felt that the information provided to personnel at the court regarding to whom to report a sexual harassment claim was unclear or inadequate. Nearly all of the attorneys surveyed shared that if they could file a claim anonymously, they would be more likely to do so.
Credibility and Court Interactions
The survey also looked at gender bias when it comes to credibility in the courtroom. To a significant extent, credibility is built based on the relationship and perception a judge has between himself or herself and the attorneys, litigants, and other witnesses in the courtroom.
The survey found that 51% of female attorneys agreed with the statement "male judges appear to give more credibility to the statements/arguments of male attorneys than female attorneys." Only 13% of male attorneys agreed with the statement. Interestingly, not much scrutiny or concern was reserved for female judges.
In addition to questions regarding court personnel, a majority of female and male attorneys reported that inappropriate comments or unwanted advances, including touching, were rarely perpetrated by court personnel, and even more so, rarely perpetrated by judges.
A variety of other statements were also posed to participants, and while the responses from this survey do show encouraging promise when compared to the 1968 report, the survey does indicate that there is plenty of room to grow when it comes to eliminating gender bias from the bones of the legal system.
For some, the results may be surprising, especially considering the survey comes on the heels of several gender equality movements, including the Me Too movement begun in 2006 and the most recent debates of gender equality and pay gaps in the workplace.
