Big law ramps up exclusion of attorneys with disabilities

October is National Disability Employment Awareness Month (NDEAM). It's a time for employers to take a look at their hiring and retention practices for workers experiencing disabilities.

This month, it's time to acknowledge that Big Law's policies effectively exclude many people with disabilities from their ranks. This means that we are excluded from sharing in the power and financial rewards given to others on the basis of our disabilities.

Some of the biggest law firms in America are marginalizing people with disabilities with ever increasing demands on their time, a lack of remote work and no flexibility.

Recently, some firms have chosen to double down on their exclusionary practices: increasing billable hour requirements, in-office work only and no part-time or shared job opportunities, making it impossible for many of us to even consider applying.

Long hours, face time, and social demands on top of high billable hour requirements. These conditions of employment are ableist on their face. Title I of The Americans with Disabilities Act prohibits discrimination in all employment practices, including hiring and retention. Discrimination includes a job posting that "tends to discourage" people with disabilities from applying.

There is no justification for our exclusion. Studies have repeatedly shown that significant numbers of people who experience autism, bipolar disorder and other conditions have higher than average intelligence. People with disabilities are more loyal to their employers and are less likely to "job hop" than those without. We have lower rates of absenteeism and better job performance.

The Harvard Business Review (July-August 2023) found that:

[H]aving employees with disabilities in its workforce can build a firm's competitive advantage in four ways: (1) Disabilities often confer unique talents that make people better at particular jobs; (2) the presence of employees with disabilities elevates the culture of the entire organization, making it more collaborative and boosting productivity; (3) a reputation for inclusiveness enhances a firm's value proposition with customers, who become more willing to build long-term relationships with the company; (4) being recognized as socially responsible gives a firm an edge in the competition for capital and talent.

"Disability" isn't limited to workers who use wheelchairs or other mobility devices. Those particular issues impact roughly 2% of the U.S. population. In contrast, the CDC estimates that 10% of our population -- 30 million people -- have an invisible disability that remains hidden and ignored.

These types of disabilities include diabetes, migraines, autism, bipolar disorder, ADHD, anxiety, chronic fatigue, depression and other conditions that are "invisible" to others. Firms that demand unwavering commitment to long hours and unforgiving schedules are excluding people with invisible disabilities by design.

Lawyers with chronic medical conditions may need to spend extra time during the day for medical appointments. Wheelchair users often have longer and more complex travel times, which cut into billable hours and make their workdays even longer than non-disabled workers. People who rely on personal assistants or interpreters may need to work from home if their aides fall ill. Immune compromised individuals need remote work. People with anxiety may not feel comfortable with large crowds for socializing.

All of us have something to contribute.

Many people with autism have thinking patterns that are highly creative and bring fresh ideas to their workplaces. However, they may need a dependable work schedule to be at their best, which limits the Friday evening "weekend project surprise."

On the other hand, lots of attorneys who don't mind the last-minute rush have little patience for the tedium of research and writing that people with autism excel at.

The Americans with Disabilities Act and other laws require that people with disabilities be given the opportunity to succeed in their chosen fields. We aren't demanding that we be given a free pass. When we have the aptitude and our output is of the same quality as other lawyers, we should be given the opportunity to contribute in the same way as someone with a metabolism who can work 80 hours per week.

Everyone would benefit from a more flexible approach to practicing law which allows each of us to contribute our best work. Litigators should litigate. Researchers should research. Writers should write. Organizers and planners should manage. All of us should be given the opportunity to add our skills to the marketplace.

October is only the beginning of National Disability Employment Awareness. Once we are made aware of the policies that limit inclusiveness and acceptance, we have 11 months of the year to make changes and celebrate everyone's abilities.