The Legal Careers of Parents and Child Caregivers

This article is an excerpt and adaptation of the ABA Report on the Legal Careers of Parents and Child Caregivers. The report was prepared and written for the ABA Commission on Women in the Profession by Stephanie A. Scharf, Roberta D. Liebenberg, and Paulette Brown. Michelle Browning Coughlin and Juanita Harris acted as project co-chairs.

Legal Careers of Parents and Child Caregivers: Results and Best Practices From a National Study of the Legal Profession ©2023 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

For the past 25 years, women and men have entered the legal profession in roughly equal numbers. Despite the steady influx of women lawyers, they continue to be much less likely to attain the top levels of leadership in their organizations and the most powerful, prestigious, and highly compensated positions. This lack of real progress is not the result of any inherent gender differences or a lack of ambition or talent. Rather, as highlighted by this Report, women, and especially women with children, face unique biases and obstacles in the workplace that impede their advancement as compared to their male colleagues. These challenges are exacerbated by policies and practices used by many legal employers that are too inflexible to accommodate the child care and home life responsibilities that mothers disproportionately bear compared to fathers. Indeed, in our 2019 national study of long-term careers for women in law, we found that family caretaking commitments were the primary reason why women leave law firms, followed closely by the level of stress at work and a lack of work-life balance. In a parallel national study focused on women of color, we found that while women of color thought of leaving the legal profession, they did not leave primarily because of financial and familial reasons.

Women lawyers who are mothers all too often face the conflicting societal and cultural demands of being a “good” mother who always puts her children and family first, while at the same time striving to be an “ideal” lawyer who has undivided career focus and a 24/7 commitment to her work. Women with children are confronted with unfair and unwarranted criticisms, biases, and stereotypes about their competence and career commitment. This “maternal wall” bias can be triggered when women get pregnant, return from maternity leave, or avail themselves of part-time, flex time, or hybrid work arrangements.

The time has come for a comprehensive understanding of how and why the everyday work experiences of women lawyers with children differ from men with children, and from lawyers who are not responsible for raising children. With a better understanding of the everyday experiences of lawyers with children, and the impact of children on legal careers, employers can create effective policies and practices to ameliorate the “maternal wall” bias, and support mothers at all stages of their careers.

The new and unique research presented here demonstrates an urgent need to change the paradigm. Indeed, if law firms, corporations, government agencies, and other legal employers do not meaningfully address the unique challenges that have long impeded the retention and advancement of women lawyers with children, they will continue to lose out in the war for talent and find themselves at a competitive disadvantage in the legal marketplace. We are hopeful that this Report will encourage employers to revise their workplace culture, policies, and practices so they can become more successful at retaining and advancing women lawyers with children, and women will be armed with more and better resources to help balance the competing demands of work and family.

The “motherhood penalty”

Research has consistently shown that employed mothers across all professions and industries incur a “motherhood penalty” in terms of their career opportunities, compensation, and advancement. In fact, it appears that the “motherhood penalty” may be more pervasive in highly-skilled professions and jobs dominated by men that require long hours and constant availability. One well-known seminal study found that women suffer a 5% reduction in wages for each child they have, and another study found that mothers continue to experience a significant pay gap into their 50s compared to fathers. Conversely, men with children experience a “fatherhood bonus,” as their compensation typically increases after having children. The motherhood penalty has remained virtually unchanged for the past 25 years, and particularly so among higher earners.

Undergirding the motherhood penalty is differential treatment of women based on parental status. Numerous studies have found that mothers are perceived as less committed to their jobs and less competent than other workers, regardless of their actual performance, further impeding their career advancement. The motherhood penalty affects a mother’s hiring prospects, assignments, earnings, evaluations, and promotions. There are implicit biases and unfounded assumptions by supervisors and employers that mothers are unwilling or unable to travel or work long hours, and are less willing than fathers to make sacrifices in support of their careers.

Mothers frequently experience difficulty in returning to work after staying at home to raise children because they are perceived by prospective employers as riskier hires. Even when they return to the workforce, their income, seniority, and advancement are adversely affected by their time off for child-rearing, and many mothers face unwarranted criticisms of their abilities, commitment, and work ethic that they did not experience before having children.

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Working lawyers and “the motherhood penalty”

Dana Walters

Women in the Legal Profession

Historically, the legal profession has been overwhelmingly dominated by men, with women grossly under-represented at senior levels. While women have made strides in recent years, leadership positions in the legal profession are still primarily held by men. Women now account for 49.4% of all associates at law firms, but only 32.7% of non-equity partners and 22.6% of equity partners. Women of color represent only 16.5% of associates and 4.39% of all partners. Only 33% of the General Counsel of Fortune 1000 companies are women and only 7.6% are women of color. At the same time, women, especially those who practice in law firms, are much more likely to have negative experiences in the workplace that diminish feelings of inclusion and belonging.

There is a longstanding gender pay gap in the profession that increases with seniority. These economic consequences particularly affect women lawyers of color, who are more likely to be both the primary caregivers and breadwinners in their families. The motherhood penalty also has negative effects on work-life balance and mental health. Women in the legal profession report higher levels of anxiety, depression, and stress than their male counterparts, which are exacerbated by their caregiving responsibilities. Indeed, during the pandemic, mothers, particularly those with young children, reported higher levels of stress and burnout. Although women lawyers who are mothers often experience demeaning comments about their commitment and competence, the reality is that many women report that motherhood frequently makes them better lawyers. Mothers often describe themselves as being laser-focused on what is important and relying on their grit, resilience, and perseverance to overcome challenges. Motherhood and caregiving also necessitate patience, compassion, and empathy, and frequently result in mothers who are extremely effective team leaders, as well as cooperative team players. With these and other concepts in mind, we organized this study around three core issues:

1. What is the impact of parenthood and child caregiving on the careers of lawyers?
2. What information is important for legal employers to know about the everyday experiences of parents and caregivers of children?
3. What are the best policies, practices, and training to ensure that parents and caregivers of children at all levels and in law firms and other practice settings have opportunities to succeed?

To answer these questions, we conducted research through a large national survey of the legal profession, with a total of 8,168 Survey participants, and a series of national focus groups.

We hope that readers of our Report will recognize the significant contributions that lawyers who are mothers make to the profession, their employers, and their clients, and will redouble their efforts to ensure that they remain in the profession so that increasing numbers of women will become leaders and rainmakers in the years to come.

Summary of report findings

Mothers are far more likely to face negative experiences at work than fathers

• Regardless of practice setting, mothers were far more likely than fathers to face negative experiences at work, including disparaging comments about their ability and ambition, less access to business development and other career opportunities, lower compensation, lack of advancement, and other actions that sidelined their careers.
• A much higher percentage of mothers compared to fathers experience demeaning comments about being a working parent (61% of mothers vs. 26% of fathers in law firms; 60% of mothers vs. 30% of fathers in other settings).
• A much higher percentage of mothers compared to fathers felt they were perceived as less committed to their careers (60% of mothers vs. 25% of fathers in law firms; 59% of mothers vs. 30% of fathers in other settings).
• A much higher percentage of mothers compared to fathers lacked access to business development opportunities (43% of mothers vs. 20% of fathers in law firms; 33% of mothers vs. 20% of fathers in other settings).
• A much higher percentage of mothers compared to fathers felt they were viewed as less competent (41% of mothers vs. 15% of fathers in law firms; 48% of mothers vs. 23% of fathers in other settings).
• A higher percentage of mothers compared to fathers were denied a salary increase or bonus (37% of mothers vs. 22% of fathers in law firms; 36% of mothers vs. 26% of fathers in other settings).
• A higher percentage of mothers compared to fathers were denied or overlooked for advancement or promotion (36% of mothers vs. 22% of fathers in law firms; 43% of mothers vs. 33% of fathers in other settings).
• A much higher percentage of mothers compared to fathers experienced a lack of access to sponsors or mentors (33% of mothers vs. 14% of fathers in law firms; 38% of mothers vs. 19% of fathers in other settings).
• A much higher percentage of mothers compared to fathers had trouble being assigned to important matters (25% of mothers vs. 9% of fathers in law firms; 25% of mothers vs. 16% of fathers in other settings).
• After having a child, a much higher percentage of mothers compared to fathers were advised by colleagues to stay home or put their career on hold (22% of mothers vs. 3% of fathers in law firms; 27% of mothers vs. 5% of fathers in other settings).
• More mothers than fathers were not asked to work on matters that required travel (17% of mothers vs. 5% of fathers in law firms; 15% of mothers vs. 7% of fathers in other settings).

Mothers are much more likely than fathers to experience tensions between parenting and their legal careers

• Mothers are more than twice as likely as fathers (48% vs. 21%) to feel that having children had a negative impact on their career. Conversely, a substantially higher percentage of fathers than mothers (33% vs. 19%) feel that having children had a positive impact on their career.
• Mothers of dependent children who work in law firms are far more likely than fathers to feel guilty about working full time (45% of mothers compared to 17% of fathers).
• Almost half of all women lawyers (48%) reported postponing having a child because of career concerns (compared to 26% of men).

Mothers are far more likely to carry the double duty of child care and household responsibilities

A much higher percentage of mothers compared to fathers are solely responsible for:

• Arranging for child care (65% of mothers vs. 7% of fathers)
• Leaving work for children’s needs (47% of mothers vs. 17% of fathers)
• Looking after children during daytime hours (25% of mothers vs. 7% of fathers)
• Looking after children during evening hours (22% of mothers vs. 8% of fathers)
• Helping children with homework (41% of mothers vs. 12% of fathers)
• Arranging children’s medical care (71% of mothers vs. 9% of fathers)
• Attending children’s extracurricular events (28% of mothers vs. 8% of fathers)
• Cooking meals (41% of mothers vs. 16% of fathers)

Mothers have higher levels of stress and burnout than fathers

• Mothers in all practice settings are much more likely than fathers to experience stress and burnout because of the tension between the demands of work and family/home responsibilities.
• Among lawyers practicing in law firms, mothers are much more likely than fathers to “almost always” or “often”:
  • Feel overwhelmed with all the things they have to do (70% of mothers compared to 41% of fathers)
  • Feel their day never seems to end (65% of mothers compared to 41% of fathers)
  • For parents of dependent children, experience stress about parenting demands (74% of mothers compared to 54% of fathers)

Reasons that mothers would leave or stay at their law firms

• 42% of mothers report that the number of required hours is a reason to leave.
• 34% of mothers report that work-life balance is a reason to leave.
• 34% of mothers of dependent children would leave for more time to spend with their children.
• 60% of mothers of dependent children would stay at a law firm that allows them to have a schedule that fits their caretaking commitments.
• A substantial percentage of mothers of dependent children report that they would leave their current job for one that offers a greater ability to work remotely (reported by 37% of mothers in law firms and 51% of mothers in other settings).

Many parents have had positive experiences with hybrid/remote work

• A large majority of both mothers and fathers in law firms and in other settings reported that hybrid/remote working either increased or had no impact on work productivity, number of hours worked, or quality of work product.
• A large majority of parents of dependent children, especially mothers, reported that hybrid/remote work increased their ability to balance work and family obligations.
• A substantial percentage of parents also reported that hybrid/remote work increased the quality of their mental health and decreased stress levels.
• At the same time, more than half of fathers and nearly half of mothers reported that hybrid/remote work led to increased feelings of isolation, decreased quality of relationships with colleagues and co-workers, and decreased professional networking.

Intentional policies for advancing mothers have a positive impact on how women view their employer

• When employers implement policies with the goal of advancing mothers into high-level positions, women in general have significantly more positive views of their employer.
• As just a few examples, women in firms are far more likely to view their firm as successful at promoting mothers into equity partner and leadership roles when their firms have such policies as:
  • Mentorship or sponsorship for women lawyers with children
  • Leadership/management training for women lawyers
  • Implicit bias training about women lawyers with children
  • Monitoring gender metrics of women with children
  • Written standards and procedures for client succession

There is a noticeable income gap between mothers and fathers in the legal profession

• Except at the lowest income levels, mothers earn substantially less than fathers, whether the comparison is between mothers and fathers of dependent children or parents of older, non-dependent children.
• As one example, among parents of dependent children earning $200,000–$299,999, 37% are mothers and 63% are fathers. There is an even greater gap among parents of grown children, where 24% at that level are mothers and 76% are fathers.
• Far more women than men (42% vs. 29%) do not view their income as commensurate with their education and experience. This opinion held true regardless of whether women had children or whether women were parents of younger or older children.

Mothers of dependent children are less likely to work in large firms

• Fathers of dependent children are far more likely than mothers to work in large firms (63% of fathers vs. 44% of mothers).
• Mothers of dependent children were significantly more likely than fathers to work at a small firm (44% of mothers vs. 31% of fathers) or work as a solo practitioner (12% of mothers vs. 6% of fathers).

Conclusion

In the absence of effective family-friendly written policies and practices by legal employers, women lawyers with children will continue to struggle in attempting to balance their careers and their family responsibilities, and presented with this seemingly binary choice, many will continue to vote with their feet by leaving their jobs.
 
Women should not be forced to choose between being a good mother and fulfilling their career potential and ambitions. And men should likewise be able to freely engage in their caregiver roles without fear of negative repercussions at work. The policies and practices we recommend can benefit both women and men, allowing mothers and fathers to participate more fully in family life and at the same time be valued and advance at work.
 
With this set of proposed policies and best practices, we can ameliorate the gender stereotypes, implicit biases, and inequitable treatment that have adversely affected the careers of countless women lawyers with children, and instead enable them to remain and succeed in the profession and achieve both personal and professional fulfillment.

This is an excerpt and adaptation of the ABA report, Legal Careers of Parents and Child Caregivers, featuring summaries of the survey (pp. 2-10), information on the respondents (pp. 11-27), the focus groups (pp. 98-101), the conclusion (p. 145), as well as numerous graphs and tables. The report itself is more than 150 pages of survey results and important takeaways, as well as critical recommendations for the legal profession.

This excerpt is reposted with permission from the American Bar Association.