In her article Women Lawyers Blog for Workplace Equality: Blogging as a Feminist Legal Method, 20 Yale J.L. & Feminism 357, Alison Stein outlined some of the latest blogging trends among female attorneys. She suggests that women lawyers with workplace grievances are turning to the blogosphere rather than the law to resolve their disputes. Blogging provides these women with a means to challenge gender bias in the profession, and it allows them to share the information they need to become better negotiators in the legal workplace. (362)
At first glance it is surprising that women who are trained in the law choose to resolve their own grievances outside the legal system. In many cases the workplace grievances held by women lawyers could in fact be addressed in a court of law. (368) Ms. Stein argues that there are four situations in particular where women attorneys may turn to blogging as an outlet. They are: (1) when there is recognition of the current law’s limited ability to vindicate rights; (2) when the grievance is born out of institutional bias and mindset; (3) when the grievance is nonlegal in character; and (4) when there is an appreciation for the anonymity of blogging and its reputation-protecting benefits. Blogging for any of these reasons may lead to change in the workplace and in the life of the blogger. The personal benefits of blogging range from networking, activism, and support, to concrete change in the blogger’s position in the workplace. (369)
Women attorneys may choose to blog about their grievances simply because it is easy. It is a low-cost, highly accessible, and safe way to advocate for their workplace rights. (389) In many cases women have formed online communities where they can seek out support and advice on the challenges they face. An important outlet for these discussions is the site Ms. JD. Launched in 2006, Ms. JD is a blog website aimed at women in the legal profession. (370) The sites founder Elizabeth Pederson explains that “[A] lot of women like myself are afraid to say what they think and don’t want to make waves. Lots of women have arguably been harassed and they don’t want to do anything that will hurt them professionally or lead to retaliation. But blogging allows them to start a conversation, and get connected to other women so they know they are not the only ones who have gone through something, and so they have ideas about how to approach the challenge.” (390)
If women lawyers blog because it is easy, then one should at least ask whether blogging is ultimately counter-productive. It is at least arguable that when women vent their frustrations online, the satisfaction they receive there may prevent them from being more actively involved in addressing women’s issues directly. Ms. Stein refutes this argument by explaining that in many cases bloggers are formulating their thoughts for the first time when they blog about these issues. By thinking, discussing, and writing about their challenges, they are laying a foundation that may still lead to a more activist role. Writers are not blogging in lieu of participating in a women’s organization or lobbying their representative. Ms. Stein suggests that blogging is a vehicle through which women may support and facilitate each other’s efforts to address women’s issues in the legal profession. (392)
Some women lawyers may turn to blogging precisely because they are so familiar with the legal system and its shortcomings. Ms. Stein points out that following the case Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), conversations were rampant on Ms. JD precisely because women lawyers were concerned about how this legal development would affect their own workplace rights and environment. The concerns of women attorneys may have been heightened because the legal profession has long been notoriously male-dominated. (376)
In Ledbetter the Supreme Court recognized that the plaintiff had been a victim of pay discrimination based on gender. Nonetheless, the court held that she could not challenge this discrimination in court since more than 180 days had passed since the discrimination began. The plaintiff’s claim failed because she had been unaware of the gender discrimination during a large part of that time period. The result of this decision is that victims of pay discrimination that have no knowledge of the discrimination or that are initially too afraid to file a lawsuit, will be left without any remedy at law. (376) This puts potential plaintiffs in a predicament because they have limited time after they discover the discrimination in which to file a lawsuit. Moreover, workplace retaliation, including retaliation following a lawsuit filing, is not uncommon.
Ledbetter led to much discussion on the Ms. JD site. Women attorneys were understandably worried about their own experiences with unequal pay. Blogging provided a way that they could express their concerns without sparking retaliation against themselves. (377) Since the Ledbetter decision imposed a firm deadline on filing a discrimination action, blogging allowed female attorneys could articulate their thoughts and collect data from others as they considered whether any of their own experiences warranted a lawsuit. Ultimately, blogging has provided women attorneys a safe outlet for the discussion and these and numerous other issues. (378)
At first glance it is surprising that women who are trained in the law choose to resolve their own grievances outside the legal system. In many cases the workplace grievances held by women lawyers could in fact be addressed in a court of law. (368) Ms. Stein argues that there are four situations in particular where women attorneys may turn to blogging as an outlet. They are: (1) when there is recognition of the current law’s limited ability to vindicate rights; (2) when the grievance is born out of institutional bias and mindset; (3) when the grievance is nonlegal in character; and (4) when there is an appreciation for the anonymity of blogging and its reputation-protecting benefits. Blogging for any of these reasons may lead to change in the workplace and in the life of the blogger. The personal benefits of blogging range from networking, activism, and support, to concrete change in the blogger’s position in the workplace. (369)
Women attorneys may choose to blog about their grievances simply because it is easy. It is a low-cost, highly accessible, and safe way to advocate for their workplace rights. (389) In many cases women have formed online communities where they can seek out support and advice on the challenges they face. An important outlet for these discussions is the site Ms. JD. Launched in 2006, Ms. JD is a blog website aimed at women in the legal profession. (370) The sites founder Elizabeth Pederson explains that “[A] lot of women like myself are afraid to say what they think and don’t want to make waves. Lots of women have arguably been harassed and they don’t want to do anything that will hurt them professionally or lead to retaliation. But blogging allows them to start a conversation, and get connected to other women so they know they are not the only ones who have gone through something, and so they have ideas about how to approach the challenge.” (390)
If women lawyers blog because it is easy, then one should at least ask whether blogging is ultimately counter-productive. It is at least arguable that when women vent their frustrations online, the satisfaction they receive there may prevent them from being more actively involved in addressing women’s issues directly. Ms. Stein refutes this argument by explaining that in many cases bloggers are formulating their thoughts for the first time when they blog about these issues. By thinking, discussing, and writing about their challenges, they are laying a foundation that may still lead to a more activist role. Writers are not blogging in lieu of participating in a women’s organization or lobbying their representative. Ms. Stein suggests that blogging is a vehicle through which women may support and facilitate each other’s efforts to address women’s issues in the legal profession. (392)
Some women lawyers may turn to blogging precisely because they are so familiar with the legal system and its shortcomings. Ms. Stein points out that following the case Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), conversations were rampant on Ms. JD precisely because women lawyers were concerned about how this legal development would affect their own workplace rights and environment. The concerns of women attorneys may have been heightened because the legal profession has long been notoriously male-dominated. (376)
In Ledbetter the Supreme Court recognized that the plaintiff had been a victim of pay discrimination based on gender. Nonetheless, the court held that she could not challenge this discrimination in court since more than 180 days had passed since the discrimination began. The plaintiff’s claim failed because she had been unaware of the gender discrimination during a large part of that time period. The result of this decision is that victims of pay discrimination that have no knowledge of the discrimination or that are initially too afraid to file a lawsuit, will be left without any remedy at law. (376) This puts potential plaintiffs in a predicament because they have limited time after they discover the discrimination in which to file a lawsuit. Moreover, workplace retaliation, including retaliation following a lawsuit filing, is not uncommon.
Ledbetter led to much discussion on the Ms. JD site. Women attorneys were understandably worried about their own experiences with unequal pay. Blogging provided a way that they could express their concerns without sparking retaliation against themselves. (377) Since the Ledbetter decision imposed a firm deadline on filing a discrimination action, blogging allowed female attorneys could articulate their thoughts and collect data from others as they considered whether any of their own experiences warranted a lawsuit. Ultimately, blogging has provided women attorneys a safe outlet for the discussion and these and numerous other issues. (378)
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2 comments:
I wholeheartedly agree that this is an excellent medium for female attorneys and facilitates rational, well-formulated arguments which can be advanced to move women forward in the workplace.
Wonderful post, Jennifer! I think the social norms literature will be helpful to you, as well. How are women attorneys using shaming and other networking tools to pursue equality where formal law fails to do so? Perhaps even more interesting is the use of social networks to do the same work as formal law -- the reasons for opting into the network approach are legion, from timeliness to the catharsis of self expression, and the ability to form social movements based on sharing experiences and strategies.
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