Their median earnings are $25,000 less than other attorneys’ — possibly due to lawyers with disabilities pursuing public interest, small firm or solo legal work, according to the American Bar Association, as well as systemic hiring, accessibility and workplace obstacles.
Law students with disabilities are significantly less likely than their peers to enter law firm roles after graduation, says NALP Executive Director Nikia Gray.
Some attorneys may hesitate to disclose their status, Gray says. “There is an opportunity for firms to consider their hiring processes and workplace cultures with an eye [toward] prioritizing disability inclusion — such as adopting flexible recruitment methods, offering clear pathways for accommodations and removing any digital or physical barriers to participation.”
Promoting Inclusive Recruiting and Hiring
Disabilities can affect elements such as mobility or mental focus and may not be immediately apparent to other people.
While NALP research found that the percentage of law school graduates who indicated they have a disability has grown in recent years, the organization says disability status is likely underreported in the industry.
Legal professionals might hesitate to disclose the information because they feel people will presume it could make meeting the rigors of their job difficult, according to Mary Ellen Kleiman, senior vice president of legal affairs and general counsel for Disability:IN, a nonprofit that helps businesses build inclusive workplaces.
“There’s still work that needs to be done within the legal community to create a safe space for people to feel like they can do that in a way that's not interpreted as a strike against them,” Kleiman says. “One thing that’s really helpful is having an executive champion for disability inclusion within a firm. That can have a profound impact on elevating disability inclusion and facilitating a culture of trust.”
Law firms can also try to reach a greater number of job candidates with disabilities through recruiting approaches such as sharing job postings on affinity bar group listservs — but the phrasing is key, says Marissa Ditkowsky, executive director of Crip the Law, a professional association that advocates for disabled lawyers, legal secretaries and other industry members.
“We’ve seen firms who include, in the essential functions of the job, things like crawling or standing,” Ditkowsky says. “Giving a presentation, there’s no reason somebody in a wheelchair would need to stand. Those types of things weed out disabled folks. They look at the job posting and say, ‘Maybe that’s not for me.’”
Instead of a standard equal employment opportunity tagline, firms may want to use specific terminology, says Chris Davis, a trial lawyer, shareholder and director at Crowe Dunlevy, and ABA Commission on Disability Rights commissioner, who uses a wheelchair.
“There’s still work that needs to be done within the legal community to create a safe space for people to feel like they can do that in a way that's not interpreted as a strike against them,” Kleiman says.
“The word disabled can mean so many things,” Davis says. “It actually is more helpful to emphasize, ‘Hearing-impaired, mobility-impaired encouraged to apply.’ If I were a 25-year-old coming out of law school, that would say to me, ‘They’re looking at me.’”
A job portal that encompasses digital accessibility standards can facilitate candidates who are blind or have low vision and need to use a screen reader being able to submit materials.
“They may be perfectly capable of doing that job,” Kleiman says. “Either have an accessible platform or an alternative way for them to be part of the [application] process.”
Changing Law Firm Culture
Lawyers with disabilities experience both subtle and overt forms of workplace discrimination, according to ABA data. Almost 30% have encountered unintentional bias.
Research, ABA says, has shown contact that meaningfully engages individuals from different social groups — such as learning about others’ experiences, which can reduce stereotyping — helps to mitigate implicit bias.
