Welcome, R&T readers! It’s been a few weeks since I’ve had enough material in order to send out a Thursday issue. But there’s plenty to talk about this week, so let’s dive in.

Much About DEI

Lily Zheng published an article [paywall] in the Harvard Business Review about what needs to change in DEI—and what doesn’t. She writes that the things that need to change are (1) clumsy, jargon-heavy communication; (2) disconnected and decoupled DEI goals and programs; and (3) non-existent or vanity DEI measurement. (As we always say in this newsletter, we measure what we value.) In contrast, companies should not change their (1) responsiveness to broader society, (2) commitment to healthy organizations; and (3) the belief that we can do better.

A few days later, the Washington Post asked in an article whether DEI can dump its “political baggage” with a new name. Companies are getting rid of the use of racial or gender considerations in hiring in favor of focusing on inclusion. DEI programs are therefore becoming IED programs. The article also lists other terms being used in lieu of DEI.

RTO Poses Pitfalls for Attorney Mental Health

Law360 published an article [paywall] about how the end of flexible remote-working policies has caused mental health problems with attorneys. It discusses how while extroverted lawyers may applaud coming back to the office, parents, caregivers, and people with disabilities (physical and mental) feel far differently. Experts interviewed opined that “a cold, authoritarian and one-size-fits-all approach to office returns could have disastrous results,” and advised that firms should instead “passively coax” attorneys back by showing them that the office is a welcoming and desirable place to be.

Mid-Law Not Immune to Structural Mental Health Challenges

Law360 reported [paywall] that Mid-Law firms are “generally facing the same industry pressures that contribute to long hours, stress and poor attorney mental health.” While the article didn’t publish a Mid-Law specific study, people quoted within it noted that high billable hours and the demand for perfectionism exist in Mid-Law as much as BigLaw, and that often Mid-Law firms lack the resources of BigLaw to address challenges.

Great News in the Legal Recruiting World

Some of the best legal news came last week when Karen S. Vladeck and Katy Robinette announced they were forming their own legal recruiting firm, Risepoint Search Partners. Click here for the announcement on LinkedIn. Women lawyers: if you’re considering a career change, I’d get in touch with these two powerhouses.

Women Aren’t Happy at Work

The Wall Street Journal published an article [paywall] entitled “Who’s Happiest at Work? Hint: It’s Not Women.” While according to the College Board nearly 65% of men say they are happy with their jobs, only 60% of women are. In addition, hybrid workers reported higher levels of satisfaction than remote workers or in-office workers.

While the article doesn’t get into much depth about the difference between men and women, there’s an odd contradiction within it. At the beginning it says that the biggest category of difference between men and women was “related to financial benefits of work, such as wages, benefits and bonuses.” However, the end of the article suggests that women are unhappy because they “might” be sensing a “more profound loss of remote-work benefits.”

Independent Report Describes Disturbing Workplace Culture at FDIC

Following articles published in the Wall Street Journal last year, a 234-page report prepared by Cleary Gottlieb Steen & Hamilton found that the FDIC’s workplace culture has suffered from a culture of sexual harassment, discrimination, and other abuses that leadership failed to address. Descriptions of conduct included:

• One employee described to us how she feared deeply for her physical safety after a colleague who had been stalking her continued to text her even after she made a complaint against him for, among other things, sending unwelcome sexualized text messages that feature partially naked women engaging in sexual acts.

• Another reported to us the awful moment when her supervisor, discussing difficulties he and his wife were having conceiving a child, had said to her with a smile and looking directly at her, “I know I technically can’t ask you [to be a surrogate] since I’m your boss.”

• Women in one field office recounted how, to their dismay, it became routine to hear their supervisor talk about their breasts and legs and his sex life.

• A woman examiner reported on the shock of receiving a picture of an FDIC senior examiner’s private parts out of the blue while serving on detail in a field office, only to be told later by others in that field office that she should stay away from him because he had a “reputation.”

• Individuals reported that an employee with a disability was being made fun of by a supervisor, including being called “Pirate McNasty.”

• Certain employees from underrepresented groups reported on how demoralizing it was to be told by colleagues that they were “only hired” because they were a member of an underrepresented group and were “token” employees hired to fill a quota.

• A number of employees recounted homophobic statements made by their Field Office Supervisor, including referring to gay men as “little girls,” resulting in one of them, at least, believing he had to hide that he was gay.

The report found that these incidents occurred in a culture that was “misogynistic,” “patriarchal,” “insular,” and “outdated” and observed that, of 92 harassment complaints made through the FDIC’s Anti-Harassment Program, not a single one resulted in removal, reductions in grade or pay, or any discipline more serious than a suspension.

Golf As a Proxy for Workplace Equity

Elizabeth Pearson published an article in Forbes about how getting women to play golf could close the gender equity gap in the workplace. Approximately 90% of Fortune 500 CEOS play golf, yet only 20% of golfers are women, and only 50% of that number are executive women. (Doesn’t THAT show how few Fortune 500 CEOs are women?!) Pearson advocates that getting women to play golf can encourage corporations to think outside the box when it comes to DEI efforts. She notes that golf can unite women and provide them networking opportunities. And, when women play golf, members of their households typically join as well.

Why High-Potential Women Are Ambivalent About Leadership

Mira Brancu, Ph.D. wrote an article for Psychology Today detailing what she learned from two years of interviewing women leaders and equity experts. Dr. Brancu began her work after feeling that programs aimed at women designed to address “imposter syndrome” or the “confidence” of women leaders were “insulting, invalidating, and inaccurate.” Five themes emerged from her interviews:

1. Women in leadership roles often feel isolated, especially when facing personal health challenges.

2. Unconscious bias persists, particularly in male-dominated fields such as STEM and tech industries (and the law!).

3. Workplaces do not support women in leadership who have additional responsibilities such as managing medical care or childcare.

4. Ageism affects women more than men.

5. Women of color do not feel a sense of belonging.

Her article begins with the premise that women are, in fact, “ambivalent” about leadership—a premise she says emerged from her interviews. After reading the article, I’d say that it’s not that women are ambivalent about leadership itself, i instead, they’re ambivalent about workplace structures that fail to support women in leadership.

Gender Gaps Aren’t a Result of Women’s Choices

Psychology Today has an article refuting a notion often espoused by economists that employment gaps between men and women are a result of women’s choices. The article says that such views miss the context in which women make these choices. First, there are social expectations of men and women that create barriers for women in their choices. Second, there are “masculine defaults” in the workplace.

The article in the link above addresses the first issue. It primarily focuses on cultural beliefs that women should bear children and be their primary caretakers—which discourages women from entering high-pressure, high-paying fields.

While I agree that economists have this issue wrong, to me societal expectations are only a small part of the answer. It doesn’t really matter what expectations surround you if you don’t have adequate childcare, flexible work arrangements, and other structures that allow women to challenge those expectations.

Glass Cliffers Becoming Entrepreneurs

Inc. published an article featuring women who faced the glass cliff at work but leveraged their way to becoming successful entrepreneurs afterwards. Among others, it profiles Sallie Krawcheck, the founder of Ellevest, who had two glass cliff encounters before striking out on her own, and Yasmene Mundy, the founder of Ringgold.

It’s Lonely at the Top

Fortune published an article last year reporting on a February 2023 survey of more than 600 men and women across the United States that found that 53% of women say they’re lonely at work. Unsurprisingly, the sense of loneliness gets worse the farther women make it to the top. Almost 30% of senior-level women said they feel as if they don’t have anyone to talk to about work and that the lack of support takes a toll. Two-thirds of senior-level women said that work, combined with responsibilities at work, have left them feeling burned out, stressed, and overwhelmed. And, as with virtually everything, it’s worse for women of color.

Sadly, nearly 92% of the senior-level women who reported being lonely said that they turned to alcohol, drugs, overexercising, and overspending to cope.

As Bea Arthur, a therapist, is quoted in the article as saying: “I can tell you from my own experience as an entrepreneur and working with high performers in general that if you see a woman or a person of color at the top, you know they’ve been through some shit to get there and to stay there.”

As a partial follow-up to last year’s article, Fortune published another this year about how to feel more connected at work. It suggests that we spend 10-minutes per day connecting with others in a meaningful way.

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