New York Lawyer
July 7, 2005

Q:
I have spent this past year as a law clerk, and I am starting my first firm job in September, after my wedding. I am excited about my new position at a smallish (15-20 attorney) firm. I know they have lots of work, and I anticipate being very busy.

However, I would like to have a baby, after I am at the firm for a reasonable time. I'm just not sure what a reasonable amount of time is.

Would getting pregnant a year after working there be off-putting, create havoc at the firm, or demonstrate that I'm not committed? Should I wait two or more years? I anticipate liking this job, so I would like to return to work after taking maternity leave.

Submit Your Question

Find More Answers

A:

Well, there�s the "legal" answer and there�s the real world answer. Of course, a firm is not allowed to discriminate against you as a result of pregnancy, so in theory it shouldn�t make any difference when you decide to get pregnant. In fact, there is plenty of discrimination that occurs on the basis of pregnancy, such as improper termination or inappropriate restrictions on work or maternity leave. Claims to the EEOC based on pregnancy discrimination increased 39 percent between 1992 and 2003, making it an area for claims that is growing quickly.

However, such discrimination is very difficult to prove, which means that you should be aware of this reality, and perhaps (if you so choose) build that awareness into the timing of starting your family.

I will tell you that when I did research for my book, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace, both men and women running law firms expressed frustration to me that "women come here, get pregnant and leave." They wind up making assumptions, based on past experience, that once a woman has children, she will be less committed to her job. These are sentiments that one heard routinely in the 1950�s and 1960�s but might have thought were vanquished today. Not so. Therefore there is some cynicism out there about hiring young women who are likely to start families, on the theory that a stream of women have come and gone and that any investment in such individuals won�t work out. Naturally this leaves out the firms� continuing lack of resourcefulness in trying to retain women (and men) with young families, who are under huge time pressures and struggle to maintain their professional and personal lives.

However, it does mean that, if you want to remain with your firm and advance appropriately, you should be mindful of these perceptions (however inappropriate, illegal, etc.). If, ultimately, you encounter discrimination due to pregnancy, you will be stuck in the position of having to live with it or bring a lawsuit, neither very attractive options.

One time-honored approach is to gain the firm�s trust and commitment by establishing yourself as a terrific lawyer as quickly as you can, working the number of hours they expect and doing quality work, signaling that you want a long-term relationship with the firm, focusing on a specialty as soon as possible, aligning yourself with mentors -- in other words, trying to fast track yourself as a person who is committed to the firm. There�s no magic formula about when is the "right time" to get pregnant; you will be able to sense when you have established yourself enough that a temporary absence won�t be the end of the world and that the firm will be invested in you and want to enable your successful return.

Sincerely,
Holly English