Implicit Bias and the Gender Leadership Gap

Posted on Categories Alumni Contributor, Feminism, Labor & Employment Law, Legal Practice, Legal Profession, PublicLeave a comment» on Implicit Bias and the Gender Leadership Gap
A woman carrying buckets looks up at a ladder leading to the sky; the ladders' rungs are labeled with the various opportunities that have been historically available to women, beginning with "Slavery" at the bottom and "Presidency" at the top.
E.A. Bushnell cartoon from the New York Times, October 1920

On April 29, 2019, I moderated a panel discussion for the State Bar of Wisconsin’s Diversity Counsel Program titled “Closing the Gender Leadership Gap.”  The following statistics were shared at the program.  According to a study by the American Bar Association, “A Current Glance at Women in the Law,” half of the students graduating from law school with a J.D. are women.  Yet, only 22.7% of law firm partners are women, 22% of state court judges are women, and 26.4% of Fortune 500 general counsel positions are held by women.  A significant barrier for women in the workplace is implicit bias.  After serving on this panel, I was curious to explore how the concept of implicit bias might contribute to the gender leadership gap in the legal profession.

Implicit bias is the term that describes how the subconscious mind categorizes people.  The concept was first developed by psychologists Mahzarin Banaji and Anthony Greenwald in the 1990s.  Through the use of implicit association tests (“IAT”) Banaji and Greenwald evaluated the time it took for a participant to categorize concepts such as family or career with gender.  The quicker the applicant could categorize concepts, the stronger the implicit association.  The most frightening aspect of implicit bias is that a person may be consciously opposed to gender discrimination but may unknowingly discriminate against women due to an implicit bias that exists only in the subconscious mind.

Studies suggest that implicit bias may play a role in explaining why men are systematically preferred for positions over women.  For example, a Yale study demonstrated a statistically significant preference for men in the field of science.  The study involved sending a fictional resume to 100 faculty members at top universities.  The only difference was that 50 fictional students were named John, while the other 50 fictional students were named Jennifer.  Even though the candidates had identical experience and qualifications, faculty members were more likely to find John competent and were more likely view him as a suitable candidate for lab positions. Continue reading “Implicit Bias and the Gender Leadership Gap”

Israel Reflections 2019–Feminism & Women

Posted on Categories Feminism, International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections 2019–Feminism & Women

Our last chunk of speakers were strong women who work to make Israel more inclusive and safer. Kylie Owens shared her thoughts on our first speaker.

Professor Halperin-Kaddari is a renowned expert in family law, who earned both her L.L.M. and J.S.D. from Yale Law School. Our visit with Ruth Halperin-Kaddari, a family law professor from Bar-Ilan University, was truly enlightening. Israel has a unique system of law that regulates marriage, divorce, and child custody issues. Under this system, mainly governed by religious courts, women can be oppressed, the courts completely prevent interfaith marriage, and domestic abuse can be overlooked. Professor Halperin-Kaddari discussed some of these problems in detail and offered a look at the current state of the opposition and efforts to change the system to allow the possibility of civil marriages in Israel.

Our second speaker Keren Greenblatt immediately connected to all of us  when she started speaking having fun when you go out at night.  She then talked about her organization Layla Tov (Hebrew for good night), which organizes bars and clubs to combat harassment.   (News story here.Continue reading “Israel Reflections 2019–Feminism & Women”

Woman Interrupted: The Pernicious Problem That’s Not Just in Our Heads

Posted on Categories Federal Law & Legal System, Feminism, Judges & Judicial Process, Legal Profession, Political Processes & Rhetoric, Public2 Comments on Woman Interrupted: The Pernicious Problem That’s Not Just in Our Heads

On Tuesday, the Senate Intelligence Committee questioned Attorney General Jeff Sessions about his contacts with Russian officials in Washington D.C. and his conversations with the President about the Russia investigation or about former F.B.I. Director James B. Comey.

The hearing has been called “at times fiery” and Sessions’ testimony “highly contentious.” Indeed, several Democratic senators engaged in some testy back-and-forth with Sessions, with Oregon Senator Ron Wyden saying that Sessions’ answers did not “pass the smell test” and New Mexico Senator Martin Heinrich declaring that Sessions “[is] obstructing.”

But the grilling of Sessions that has probably received the most attention is that of California Senator Kamala Harris, a junior senator and former California attorney general. Senator Harris was questioning Sessions about his many non-answer answers at the hearing. Sessions claimed he was not answering due to long-standing Justice Department policy. Senator Harris pushed Sessions on this policy.

The New York Times described Senator Harris’ questioning style as “a rapid-fire . . . pace more commonly seen in courtrooms—a style that at times has her interrupting witnesses.” During her questioning, she was interrupted by both Arizona Senator John McCain and by North Carolina Senator Richard M. Burr, the chairperson of the Senate Intelligence Committee. Both men suggested that Sessions be allowed to answer. This was the second time in two weeks that Senator Harris has been interrupted by Senators Burr and McCain. Last week, she was interrupted by them while questioning Deputy Attorney General Rod Rosenstein. (Following the Sessions testimony, Jason Miller, a panelist on CNN, referred to Senator Harris as “hysterical,” most certainly a gendered analysis. CNN political analyst Kirsten Powers called out Miller’s gendered statement and pointed out how Miller believed neither Senators Harris (a woman of color) nor Wyden (a man) were “trying to get to the bottom of answers,” yet Miller called only Senator Harris “hysterical.”)

Earlier this year, during a Senate debate about Sessions’ confirmation as Attorney General, Massachusetts Senator Elizabeth Warren was interrupted and then formally rebuked by Senator Majority Leader Mitch McConnell for reading a 1986 letter from Coretta Scott King about then-U.S. attorney Jeff Sessions, who had been nominated at that time for a federal judgeship. The letter had criticized Sessions for using “the awesome power of his office to chill the free exercise of the vote by black citizens in the district he now seeks to serve as a federal judge.” (The Senate rejected Sessions’ nomination for that federal judgeship.) Later, three male senators read the same letter on the Senate floor, and none were rebuked.

Maybe Harris’ and Warren’s treatment is all about rules of decorum in the Senate. Decorum may be part of it; more than that, though, it appears to be the ages-old pernicious pattern of men interrupting women. It happens to most women, much of the time, in both personal and professional settings.

Continue reading “Woman Interrupted: The Pernicious Problem That’s Not Just in Our Heads”

Bill O’Reilly & Fox News: Does Money Matter More Than Doing the Right Thing?

Posted on Categories Civil Rights, Feminism, Human Rights, Media & Journalism, Public, Tort Law3 Comments on Bill O’Reilly & Fox News: Does Money Matter More Than Doing the Right Thing?

Yesterday, Fox News ousted Bill O’Reilly, who for two decades was the top-rated host with his show, The O’Reilly Factor. O’Reilly’s blustery on-air persona—which inspired Stephen Colbert to create ultraconservative pundit Stephen Colbert on the Colbert Show—minced no words, ever.

As a result, he often said outrageous, offensive, if not downright inaccurate things on the air. For example, he said that the slaves who built the White House were “well-fed and had decent lodging provided by the government.” He called child hunger “a total lie,” and said that feminists should not be allowed to report on Trump “because Trump is the antithesis of” feminism. He’s also been known to make inappropriate comments to women on the air.

O’Reilly’s personal conduct (like that of his former boss Roger Ailes before him) apparently has been similarly offensive. Over the course of his time at Fox News, O’Reilly has been accused of sexual harassment and other inappropriate behavior involving both women at the network who worked for him and women who appeared as guests on his show. Continue reading “Bill O’Reilly & Fox News: Does Money Matter More Than Doing the Right Thing?”

Equal Pay Day, Rhetoric, and Reality

Posted on Categories Civil Rights, Feminism, Labor & Employment Law, PublicLeave a comment» on Equal Pay Day, Rhetoric, and Reality

Today was Equal Pay Day, the date that indicates how much longer a woman had to work to earn what a man earned in the previous year. More than 20 years ago, the National Committee on Pay Equity started selecting one day a year—always a Tuesday in April—to highlight the continued disparity between men’s and women’s wages.

Now, you can quibble with me about the precise numbers or you can try to explain to me that there isn’t really a gender gap (both of which have been done and probably will be done again); however, as the Pew Research Center noted last summer, though some groups of women have narrowed the gap, there in fact remains some gap in wages between white men and all groups of women.

Much of that gap in wages can be explained by differing levels of education, workforce experience, or occupation. But even when you control for all of those more concrete and measurable variables, there remains an unexplained gap that may—may not—have to do with gender discrimination. Continue reading “Equal Pay Day, Rhetoric, and Reality”

Women in Wisconsin Law: Jessie Jack Hooper

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This is the third part of a three-part series on Women in Wisconsin Law. 

Not all women who were influential in Wisconsin law were lawyers. Among these influential women was Jessie Jack Hooper, a suffragist and politician who made history by running for one of Wisconsin’s seats in the United States Senate in 1922.

Jessie Jack Hooper was born on a farm in Iowa in 1865. In 1888, she married Ben Hooper and moved to Oshkosh, Wisconsin, to begin a new chapter of her life. Mr. Hooper, a graduate from Columbia University Law School, was extremely supportive of his wife’s passion for the women’s suffrage movement. Even before women were given the right to vote, Mr. Hooper went to great lengths to share his right to vote with his wife. One year he would vote as he saw fit, and then the next year, he would vote according to his wife’s wishes.

Once in Oshkosh, Hooper joined a variety of progressive movements in the state, including the Women’s Club and the Wisconsin Federation of Women’s Clubs. Although she was active in a variety of organizations, she was primarily involved in the women’s suffrage movement as a member of the executive board of the National American Woman’s Suffrage Association. Continue reading “Women in Wisconsin Law: Jessie Jack Hooper”

Women in Wisconsin Law: Olga Bennett

Posted on Categories Feminism, Legal History, Legal Profession, Public, Wisconsin Court System1 Comment on Women in Wisconsin Law: Olga Bennett

This is the second part of a three part series on Women in Wisconsin Law.

Although women were admitted to practice law in Wisconsin in 1879, it would be over one hundred years until the state’s first elected female county judge.  In 1970, Olga Bennett, a native of Vernon County, was the first woman elected and sworn in as a county judge in Wisconsin.

Bennett was born on May 5, 1908, in Viroqua, Wisconsin. Education played an important role throughout Bennett’s life.  In 1925 she graduated from Viroqua High School, and in 1928, she graduated with a bachelor of arts degree from the University of Wisconsin.  After taking time following her undergraduate studies to work at a local bank, she returned to her studies four years later.  After spending a semester at the Madison Business School, Bennett enrolled at the University of Wisconsin Law School in Madison, Wisconsin.  In 1935, she graduated from law school and was admitted to the state bar.

Upon graduating, Bennett served as a law clerk for State Supreme Court Justice John D. Wickham for five years.  Following this clerkship, she went into business with her father, who was also an attorney.  Together they ran the Bennett and Bennett law firm.  Before being elected to serve as a judge, Bennett held various positions in the legal community, including serving as the first female city attorney of Viroqua.

Although one might have expected that a larger county in the state, such as Madison or Milwaukee, would have been the first to elect a female county judge, it was small Vernon County with a population of only 28,000 that holds this title.  In April 1969, Bennett ran and was elected to the bench in Vernon County (courthouse pictured above at left), defeating incumbent County Judge Larry Sieger who was appointed by the governor in 1968.  In 1970, she took the oath of office and became the second woman to serve as a judge in Wisconsin.   Continue reading “Women in Wisconsin Law: Olga Bennett”

Women in Wisconsin Law: Lavinia Goodell

Posted on Categories Feminism, Legal History, Legal Profession, Public, Wisconsin Supreme CourtLeave a comment» on Women in Wisconsin Law: Lavinia Goodell

This is the first part of a three-part series on Women in Wisconsin Law. 

Throughout Wisconsin’s history, women have played an instrumental role in the development of the state’s legal system. Among these women was Lavinia Goodell of Janesville, the first woman admitted to practice law in Wisconsin.

Before her move to Wisconsin, Goodell worked as an editor for several newspapers in New York. During this time, Goodell confided in a coworker that her life’s ambition was to become a lawyer. When Goodell’s parents retired to Janesville, Wisconsin, in 1871, she was convinced into joining them with her father’s promise that she would be able to study law. Upon arriving in Wisconsin, Goodell’s father helped his daughter find attorneys who would permit her to study law alongside them through an apprenticeship. After demonstrating her ability to successfully practice law as an apprentice, Goodell sought admission before the local circuit court and, with the support of several prominent local lawyers, was admitted to practice in the Circuit Court of Rock County, Wisconsin, in 1874.

After being admitted to practice law at this local level, Goodell opened her own law office that primarily represented woman and the elderly. Despite being able to practice at this local level without much difficulty, one of Goodell’s cases in 1875 was appealed to the Wisconsin Supreme Court. When the supreme court did not allow her to argue the case, Goodell filed an application for state admission.   Continue reading “Women in Wisconsin Law: Lavinia Goodell”

Gender and Negotiation–Prof. Schneider Takes the TED Stage

Posted on Categories Feminism, Marquette Law School, Negotiation, PublicLeave a comment» on Gender and Negotiation–Prof. Schneider Takes the TED Stage

TED talks can be a wonderful vehicle for academics to present their research in an accessible, neatly distilled way for a large audience. Our own Andrea Schneider has a new talk in the best TED tradition, explaining her fascinating work on gender and negotiation. Delivered at a recent TEDx event in Oshkosh, Andrea’s talk is entitled, “Women Don’t Negotiate and Other Similar Nonsense.” Congratulations, Andrea!

Bill Cosby’s Honorary Degrees Rescinded & Sexual Assault Charges Filed

Posted on Categories Criminal Law & Process, Feminism, Public1 Comment on Bill Cosby’s Honorary Degrees Rescinded & Sexual Assault Charges Filed

bill-cosby-mugshot-640x400In May 2013, comedian Bill Cosby received an honorary doctorate of letters from Marquette University. In his address to the students, he told them “to go into the world remembering the values they learned from the school’s Jesuits—respect, integrity and a responsibility to serve others.” In retrospect, it’s ironic advice coming from him.

In the past year, a large number of women have come forward to say that Cosby sexually assaulted them, with incidents going back to the mid-1960s. To date, that number has swelled to more than 50. The stories of the alleged assaults have some general similarities: Cosby offered to mentor the women or coach them with acting; he offered them drinks; the women then felt dizzy or woozy and some may have passed out; some of them describe waking up in various states of undress.

Yesterday, Cosby was charged with aggravated indecent assault, a felony, in Montgomery County, Pennsylvania, stemming from an encounter in 2004 with Andrea Constand, then operations director for Temple University women’s basketball team, who believed Cosby was a mentor and a friend. The allegations in the complaint parallel the numerous other allegations. The complaint alleges Cosby gave Constand some pills and told her to sip some wine; Constand felt dizzy and felt she had no sense of time; Cosby then sexually assaulted her. The case was re-opened this summer, prosecutors said, after new evidence emerged. That new evidence was Cosby’s deposition testimony in the civil suit Constand filed against him. In his deposition, Cosby admitted giving women Quaaludes in an effort to have sex with them. Continue reading “Bill Cosby’s Honorary Degrees Rescinded & Sexual Assault Charges Filed”

The Notorious R.B.G.

Posted on Categories Feminism, Judges & Judicial Process, Public, U.S. Supreme CourtLeave a comment» on The Notorious R.B.G.

20150103_135911-1Those of us who teach in gender and feminist studies have long been familiar with Justice Ruth Bader Ginsburg; we regularly deal with her work as both a lawyer and as jurist. This past January, I had the honor of hearing her speak at a conference in Washington, D.C., and was awed by her. So over spring break, I decided to start reading a new book, The Legacy of Ruth Bader Ginsburg, edited by Scott Dodson. I’m not that far into the book yet, but what I’ve read has only made me admire her more.

I’m far from being Justice Ginsburg’s only admirer. She has quite the following, including this woman, who had a portrait of Justice Ginsburg tattooed on her arm. One man put her 35-page dissent in Burwell v. Hobby Lobby to music. Another admirer dubbed her “The Notorious R.B.G.,” a take-off on rapper The Notorious B.I.G, and there’s a whole blog devoted to all things R.B.G. Google “Notorious R.B.G.” to find t-shirts and other merchandise. It’s a title the Justice herself seems to enjoy. (Listen to the video clip here.)

Ironically, while I was starting my book over spring break, Justice Ginsburg celebrated her 82nd birthday. She seems in no way ready to step down from the court. After all, she reminds us, Justice John Paul Stevens served until he was 90. In honor of her birthday, one site gathered some of her best quotes. My favorite: “People ask me sometimes . . . When will there be enough women on the court? And my answer is: When there are nine.”

Wouldn’t have expected anything less from her.

The Other “F” Word: Feminist

Posted on Categories Feminism, Public3 Comments on The Other “F” Word: Feminist

When you ask young people today whether they are feminists, for most, even the young women, the answer is a forceful, assertive, “No!” In the last several decades, that word has taken on a negative—vehemently negative —connotation. Apparently, in this negative view, to be a feminist is be a bra-burning, man-hating lesbian.

But being a feminist does not mean those things. Being a feminist simply means that you believe women have equal rights—socially, politically, legally, economically. While it’s true that there are different strains of feminism, each with their different ideologies and some more radical than others, feminism at its base is simply about equality. And people of both genders tend to agree with equality. Continue reading “The Other “F” Word: Feminist”