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August 17, 2022 Chair's Column

Commission Launches the Parenthood and Childcare Giver Study

By Maureen Mulligan

The American Bar Association (ABA) Commission on Women in the Profession (the Commission) has launched the Parenthood and Childcare Giver Study to assess the prevalence and impact of the motherhood penalty and other caregiver bias on the advancement and retention of women lawyers. We know from research conducted by the ABA at large and the Commission that, even in 2022, women continue to be primarily responsible for child and family care. We have anecdotal information about how this is impacting the careers of women lawyers. But, through this study, the Commission seeks to evaluate the impact of the motherhood penalty and caregiver bias on the advancement and retention of women lawyers.

The research team will (1) gather and analyze data about biases faced by mothers and caregivers practicing law across various types and sizes of legal practice, with critical consideration of how these biases are further impacted by race, ethnicity, and other intersectional factors; (2) prepare and provide evidence-based policy and practice recommendations to law firms and other legal employers on how to address this bias; and (3) develop educational materials/toolkits for use by state and local bar associations and legal employers using the information gleaned from the proposed research.

A survey to collect the data will be available starting in mid-September. We hope, with the assistance of our friends and partners, to distribute the questionnaire beyond members of the ABA to obtain a cross section of responses from all sectors of the legal profession. To do this, we need your help. Please contact Ashleigh Hill at [email protected] if you will be able to assist us in distributing the survey or want to make sure you receive a copy yourself. Robust survey data from all types of practices and a diverse population of lawyers will provide the depth of information needed to make the most impactful recommendations for addressing this bias.

Our research team, from the Red Bee Group, is assisted by a stellar advisory council led by our tri-chairs, Commissioners Michelle Coughlin, Juanita Harris, and Maureen Mulligan. We are grateful to have the assistance of ABA members Aurora Austriaco, Josephine Bahn, Dr. Michelle Budig, Shavonnie Carthens, Cyndie Chang, F. John Garza, Judge Ernestine Gray, Gabrielle Kohlmeier, Emily Martin, Michele Coleman Mayes, Sulema Medrano Novak, Mark Palmer, and Dr. Anne-Marie Slaughter. Each of these busy professionals is volunteering their time to provide expertise to the project.

Your voice is important to the project’s success. Your input will help us understand and evaluate the impact of the motherhood penalty and other caregiver bias on the legal profession. Please help us reach our goal and achieve a national response to the survey. A link to the survey will be posted on the Commission’s website on September 8, 2022. In advance, thank you for contributing to the survey.

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By Maureen Mulligan

Maureen Mulligan is chair of the ABA Commission on Women in the Profession.