Reading this article was a powerful and emotional experience. Sometimes we know certain truths, but seeing them confirmed by actual data can be both affirming and heartbreaking.

“Whether women have children or not, whether they want children or not, they are viewed as less worthy of positions, promotions and income than their male counterparts. As stated in legal scholar Joan C. William’s book Unyielding gender“The impact of motherhood affects every woman and limits her opportunities. Even those without children can suffer. But if we continue to marginalize women at work – regardless of their parental status – we all lose. Innovation requires a diversity of ideas and perspectives. As a study by the World Economic Forum found, companies with above-average diversity recorded higher innovation revenues than companies with below-average diversity. When half the population is prevented from participating or advancing at work, societal progress is held back.”

How prejudices about motherhood affect all women in the workplace

In my own career, I have been told that my views would change if I had children. I have also seen hiring decisions influenced by a woman’s likelihood of motherhood, and I have observed that childless women are often expected to take on more work because their time is perceived as “less valuable.” This issue is also playing out in real time on the political stage.

The article addresses four different prejudices:

1. The “Maybe Baby” Bias: Women are punished for considering having a child in the future, even if some women are categorically childless.
2. The “do more” bias: Women without children are expected to work more because they are believed to have nothing else to do in their free time.
3. The “pay less” prejudice: Women without children receive lower wages because they “do not work to support a family” and their work is therefore considered less valuable.
4. The “Never quite right” bias: There is a perception that there is something wrong with women who do not have children or do not want children. This prejudice is currently visible in US politics, where women without children are perceived as “less committed” to the future of the country and less capable of leading people and companies.

The authors of the article also point out the intersectional aspect, saying, “Black women often face these conflicting expectations. ‘Either we have children too early, or we choose to have them too late if we put our careers first,’ noted anthropologist Khiara Bridges in an article in Harpar’s Bazaar.

It’s important for everyone to understand that misogyny and patriarchy remain prevalent even as we celebrate milestones like the nomination of Kamala Harris as the Democratic nominee. In an industry where just as many women continue to graduate from law school but don’t stay at the partner level in law firms, these are critical issues we must examine. We all have a role to play in challenging and dismantling patriarchy in all its forms. This article offers excellent suggestions on how we can take action.

Actionable steps to combat bias:

1. Flexibility, no judgement: In 2024, we all understand the need for flexible working. However, law firms often put the needs of their clients above all else. While clients will always be important, firms should structure their teams so that there is not always one person on call to allow for a balanced distribution of responsibilities. All employees should be offered flexible working without justification, as raising children is not the only form of care.

2. “Turn over and test”: Use this technique in hiring and promotion decisions. When you make an assumption about a female candidate, pause and ask if you would make the same assumption about a male candidate. For example, if you question whether a woman might need maternity leave, ask if you would consider the possibility that a man might need paternity leave.

3. Equal work: Make sure that employees without children are not disproportionately burdened with extra work when parents are on vacation. Companies should have sufficient staff to cover absences or consider engaging contract lawyers. Granting extended leave to employees without children, such as sabbaticals, can also promote equal opportunities.

4. Equal pay: Pay should be based on position, not marital status. Implement policies for salaries and raises, use standardized job classifications, and ensure everyone has the opportunity to receive bonuses and be promoted. Conduct regular salary reviews to identify and correct inequities.

5. Encourage men to demonstrate caring behavior: Normalise the use of parental leave and other forms of care leave for men. This will reduce the stigma associated with women taking parental leave and promote a balanced approach to caregiving responsibilities.

While some firms already implement these practices, they need to become the norm across the legal industry. Combating these biases benefits everyone, not just women. What other suggestions do you have to combat these biases?