The trouble with gender discrimination is that it is a lot like pregnancy. There is no such thing as being a little bit pregnant. There also is no such thing as being a little bit sexist.
The most recent publicized example of this is described in an article on Above the Law. As reported, a senior attorney at Big Law connected randomly with a young human rights lawyer over LinkedIn and commented on her appearance. His comments were very complimentary, but she did not take it that way — and she should not have. What ensued was a rather public disagreement, and legal professionals have lined up on both sides of the matter rather equally. The women are tired of being objectified, and the men think it is not such a big deal. You can decide for yourself.
I have been quoted as saying, “Be a discriminating listener, but do not listen for discrimination.” And I stand by that. Not everything is a gender slur or sexist. Some people just are awkward and say things that they shouldn’t. I always advise that you look behind the statement to see if there was any ill intent before you make an issue of what you deem to be discriminating and sexist. I tell young women that I got some of my best trial experience because I was a woman, plane and simple. My law firm needed a woman in the courtroom for a case with gender overtones. I was much too inexperienced to have gotten that opportunity any other way. I was chosen over many equally-qualified men because I was a woman.
But, from where I sit, the comment of the Big Law lawyer was anything but innocent. He should have known better. He should not have taken the risk of being called out. But, maybe that is the point. Many in his position do not perceive the risk because of the imbalance of power between men and women.
What do you think?
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