Introduction
More nonbinary and gender nonconforming people are becoming visible in the legal community,1 reflecting the broader population as more Americans feel comfortable coming out.2 As greater understandings of gender develop, individual workplaces and the legal community must adapt policies and practices to provide more welcoming working environments for nonbinary people. Nonbinary people are law students, lawyers, and non-lawyer legal professionals such as paralegals.
Employers benefit from the talents of qualified nonbinary candidates, students, and employees when they create workplaces that are welcoming and inclusive. Of course, nonbinary employees contribute to workplaces the same way all talented employees do––by increasing productivity, efficiency, and revenue. But nonbinary people also have unique experiences, perspectives, and backgrounds that can contribute to workplace functioning, culture, and accomplishment of professional goals.
Committing to more welcoming workplaces that are inclusive of gender diverse people will have far-reaching benefits. This commitment begins with an understanding that no employer should assume nonbinary people are rare, part of a temporary trend that will eventually fade, or irrelevant to their practice or location. Statistics indicate the legal profession will become more gender diverse over the next few years due to higher percentages of people openly identifying as nonbinary. The Williams Institute estimates between 1 and 1.5 million nonbinary people live in the United States, making up 11% of the LGBTQ+ population.3 Although recognizing nonbinary people as a component of the larger LGBTQ+ community is relatively recent, nonbinary people have always existed.4 Moreover, nonbinary people show no evidence of decline. Although nonbinary people span all ages, a higher percentage of young people openly identify as nonbinary. In fact, over three quarters of all nonbinary adults are estimated to be between the ages of 18 and 29.5 Existing percentages also indicate there will be more nonbinary people entering careers that require higher education over the next few years. Together, these statistics indicate nonbinary people will become increasingly visible in the legal profession over the next several years.
Nonbinary people as a group encompass a diverse range of gender identities, expressions, and experiences.6 As this document discusses in Section II, nonbinary attorneys unfortunately face many challenges that make remaining in the legal community more difficult and discourage them from continuing to pursue a career in law. And despite experiencing individual and institutional biases, some nonbinary people who remain in the legal community risk being provided few advancement opportunities, which may be related to their gender expression. Others may elect to limit their career paths and opportunities to preemptively address others’ biases. For example, some nonbinary people may avoid practice areas, geographic regions, or employers that lack affirming workspaces and environments. Nonbinary attorneys are unlikely to consider an employer without robust DEI policies and a strong reputation for its workplace culture. This means many otherwise attractive employers across the legal industry are missing opportunities to attract talented workers who are likely to become more visible in the workforce within the next decade.
But small adjustments that any workplace can make at little cost can help employers attract and retain talented staff. Section III describes recommendations for workplace policies. Additionally, Section IV describes recommendations for individuals such as coworkers, supervisors, and leaders to contribute to a more welcoming workplace for nonbinary colleagues. Implementing this guide’s recommendations presents an opportunity to create a work environment that is more diverse, equitable, and inclusive for all people. It also enables legal professionals to closely examine the reasons behind traditions and their real-world effects. Finally, much of the DEI programming that contributes to a more welcoming workplace for nonbinary employees will also help staff increase their competency to work with clients of all genders. Openly nonbinary clients are likely to become increasingly common in most practice areas, including many practices areas that do not directly involve LGBTQ+ legal issues.
The challenges and best practices contained in this document are based on approximately two dozen interviews with nonbinary lawyers about their lived experiences. Respondents included people with a wide variety of gender presentations, intersecting identities, and career experiences. During these interviews, all interviewees indicated feeling unwelcome in some of the professional environments in which they had worked. It quickly became clear that gendered norms within the legal community are pervasive, harmful, and entrenched.
This guide describes the challenges nonbinary people often experience when working as attorneys or law clerks in firms, nonprofit organizations, and courts (Section II); proposes a framework of general principles to address the challenges proactively (Section III); and highlights practical solutions, including policy recommendations for employers and actions for individual colleagues (Section IV). Additional information and resources are available in the Appendix.