[blindLaw] Discrimination

Tue Sep 24 18:47:54 UTC 2019

I was able to secure a temporary position at my law school following graduation and licensure. Now, that temporary position is ending next Monday. And, despite my wholehearted efforts over the last 6 months to find work, I have no employment lined up. (Somewhat jokingly) I’m far too bitter at this point to sell someone on a career in law. I think Meredith and James have done an excellent job of giving you all you should consider in looking to go to law school. 

I was initially reluctant to do any disability rights related work in law school because I did not want to be placed in that box either. But, I looked for work in that area assuming that employers in that area might be a bit more understanding and educated. I was wrong. Do not assume that those who practice disability rights law are any less susceptible to the biases, misperceptions, or lack of understanding that leads to employment discrimination. 

I think the best thing to do, James, is to continue educating folks on the reality that blind or visually impaired attorneys are as capable as their sighted counterparts in all but a very few ways. My local bar has created a Taskforce to address, among other issues, employment discrimination against persons with disabilities in the legal profession. We are trying to provide education to members of the bar on the capacity of lawyers with disabilities in the hopes that this will alleviate some of the underlying causes of employment discrimination. This is done by presenting at meetings of the local bench and bar, hosting CLE’s, and publishing writings like the blog post linked below. 

https://www.wakecountybar.org/blogpost/727449/Professionalism-Committee

> On Sep 24, 2019, at 2:09 PM, Maura Kutnyak via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> Cody, James, Meredith, what might you all offer as good reasons for people like myself and Sanho pursuing a legal degree? I took the LSAT this past Saturday. I am proud of that for whatever it’s worth. 
> 
> That said, it can be hard to persevere when such anecdotes provide a majority of what we used to fill our sales. 
> 
> Also, I have often been paranoid about the existence of a phenomenon such as the one you indicate Cody. I have worried that someone will see my GPA and somehow assume that all of my professors have independently decided to be generous and grant grades which I do not deserve. This is of course irrational but still what I’m hearing supports that fear.
> 
> I am interested in a few different areas of the law. I am not particularly drawn to disability rights. One of the reasons why is that I don’t want to be silo into a field which others expect me to enter. I don’t want to be limited to practice law in an area related to one of my most visible and perceptibly limiting characteristics. All of that said, I can see how that may be the most excepting field of practice.
> 
> Damn darn heck! Anyway, please forgive some of the dictation errors. I am following my one year-old around as I compose. I don’t have time to perfect this dispatch.
> 
> Thanks so much everyone for your insight.
> 
> Sincerely,
> 
> Maura Kutnyak 
> 716-563-9882
> 
>> On Sep 24, 2019, at 1:52 PM, Cody Davis via BlindLaw <blindlaw at nfbnet.org> wrote:
>> 
>> James’ point is spot on. 
>> 
>> What I find even more disturbing than James’ observation is that the experience a blind candidate may possess by way of externships and internships does not seem to assuage employers’ concerns about the candidates’ ability to practice. Despite my four externships during law school in which I was able to perform the work assigned to the satisfaction of my supervisors, I think employers still doubt my abilities to deliver the work they expect. Shouldn’t my history of success in the workplace evidence my ability to thrive in practice? 
>> 
>> I have also found that fellow attorneys and people in general have no issue trusting that I am capable to do something, so long as I am not being paid to do it. I have absolutely no problem securing volunteer or community involvement opportunities. .
>> 
>>> On Sep 24, 2019, at 1:12 PM, Meredith Ballard via BlindLaw <blindlaw at nfbnet.org> wrote:
>>> 
>>> James,
>>> 
>>> I think you summed it up perfectly with performance in law school being seen as a parlor trick. Despite the fact that I had a degree and a license, I was asked in a job interview how I got those things if I can’t read a physical book. They seemed to be under the impression that someone must have helped me with all my schooling. 
>>> 
>>> I have noticed a big difference in how I am treated by other attorneys when they find out I have my own firm versus how I was treated when I was first out of school and looking for a job. When you work for yourself other attorneys see you as someone they can potentially work with and it is easier to make connections. 
>>> 
>>> Discrimination in the hiring process is more intense than I thought it would be before entering the profession. 
>>> 
>>> Sincerely,
>>> 
>>> Meredith Ballard
>>> 
>>>> On Sep 24, 2019, at 12:44 PM, Maura Kutnyak via BlindLaw <blindlaw at nfbnet.org> wrote:
>>>> 
>>>> James, your candor is both refreshing and stimulus for heart break. 
>>>> 
>>>> Sincerely,
>>>> 
>>>> Maura Kutnyak 
>>>> 716-563-9882 <tel:716-563-9882>
>>>> 
>>>>> On Sep 24, 2019, at 12:37 PM, James T. Fetter via BlindLaw <blindlaw at nfbnet.org <mailto:blindlaw at nfbnet.org>> wrote:
>>>>> 
>>>>> I recently heard from a friend of mine--also blind, also an attorney, practicing for quite some time now--that many employers pretty much look at a blind person's success in law school as a "parlor trick" and not an indication of your ability to thrive in practice. I think he's right, and it makes a great deal of sense in light of my experience. Too many employers do not equate doing well in law school, which is still extremely important by the way, with all the things that law school doesn't prepare you for: taking depositions, handling contentious meetings with opposing counsel, reviewing documents, and, of course, handling evidence with any kind of visual aspect to it. You almost have to prove that you can do all of these things before being?? seen as potentially able to do them in practice. I understand that things are somewhat less grim for people who have clerkships. I will soon find out if this is true in my own case. I also don't know if the same fears cloud employers' judgments in a transactional or compliance?? setting, given the nature of the work. So, be prepared for a lot of rejection, but still be the best possible candidate, so that you can be competitive for opportunities that can act as a bridge to a long-term, full-time position.
>>>>> 
>>>>> 
>>>>> 
>>>>> 
>>>>>> On 9/24/2019 11:42 AM, Cody Davis via BlindLaw wrote:
>>>>>> Remarkably discriminatory. Far more so than my naive self thought when I was first licensed.
>>>>>> 
>>>>>>> On Sep 24, 2019, at 10:43 AM, Sanho Steele-Louchart via BlindLaw <blindlaw at nfbnet.org> wrote:
>>>>>>> 
>>>>>>> All,
>>>>>>> 
>>>>>>> Good morning. How discriminatory have you found hiring practices so
>>>>>>> far? Messages are welcome on or off-list.
>>>>>>> 
>>>>>>> Warmth,
>>>>>>> Sanho
>>>>>>> 
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