New York Lawyer
August 29, 2002

Q:
I�m a male African-American associate. I have noticed in our firm that there�s a white man who seems to prefer working with black females over black males.

I get the feeling that he feels threatened or something by the black men and less threatened by the black women.

It�s pretty unfair; the women wind up getting the better work.

Friends have told me that this happens in their firms or inhouse departments. What can I do about this?

Submit Your Question

Find More Answers

A:

Keep in mind that the big picture shows that African American women don�t fare well in the profession. I talked with David B. Wilkins about this issue. He is the Kirkland and Ellis Professor of Law and Director of the Program on the Legal Profession at Harvard Law School and is writing a book on the development of the black corporate bar (to be published in 2004 by Oxford University Press).

In a 2000 survey he conducted of black Harvard Law School graduates, black women were significantly less likely to be equity partners in law firms or general counsels in corporations than their male counterparts and earn substantially less money, even controlling for age and employment setting. Other surveys come to similar conclusions.

"None of this denies the fact that some white partners may feel more comfortable working with black women than black men," comments Prof. Wilkins. "In the more than 200 interviews that I have conducted in connection with my book, I have certainly come across examples of this phenomenon. To the extent this preference exists in some cases, however, it is only one factor among many and must be balanced against the added disadvantages that black women frequently encounter in trying to succeed in the traditionally all-male world of large law firms and other similar institutions. Given that the majority -- and in many schools the overwhelming majority -- of black law students are now women, those of us interested in achieving greater equality for black lawyers would do well not to lose sight of these extra burdens."

So your question is more on a micro level, because globally there�s no question that African American females are less likely to progress than others. The first thing to do in your situation is to get a reality check. Ask others whether they observe the same dynamic you do.

Next, clarify your goal in trying to change the dynamic at work. If the white male is involved in a practice area that you are particularly interested in and want to progress in, that strengthens the argument for improving your working relationship. If not, it would make more sense to seek out others who don�t have this issue. Either way, If you feel there�s inappropriate bias at work, I would thereafter suggest seeking some input from a partner you feel comfortable with. It�s quite possible that the white male partner involved doesn�t even realize that his behavior fits a pattern that excludes you, and another partner could broach the topic with him.

Another approach is to tell the white partner you are very interested in his practice area and that you would like to work with him. The more specific you are -- citing an interesting in a particular client, or describing why exactly you like the particular area of law -- the more credible you will be and the more your enthusiasm will be obvious. I would not suggest directly confronting him about the apparent race bias. Rather, you can emphasize the positive, keeping your eye on the future. Follow up with an email to memorialize your interest and keep you on his mind.

If that approach fails, and you still don�t get work, you should ask him or enlist someone to find out what the issue is. The partners have a legal and ethical responsibility to make sure he is not systematically excluding you on an improper basis absent a clear and verifiable performance problem.

Sincerely,
Holly English
Principal Consultant, Values at Work