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| Prohibited Discrimination Q: I overheard my partners discussing whether or not to hire a summer associate, and one of them expressed outright opposition since the candidate was a married woman, and said she was interested in a family. I’ve heard such things around the office before, but never this direct with regard to a particular person. I’m a good guy who wants to do the right thing, but this kind of talk concerns me. Are there professional responsibility issues here? A: You ask me instead of them? I hate to burst your bubble, but you are not a good guy. You’re a punk. I only respond since you raise one of the little known rules of the California Rules of Professional Conduct, and I appreciate the academic opportunity. Rule 2-400 dictates that “in the management or operation of a law practice, a member shall not unlawfully discriminate or knowingly permit unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age or disability in” employment or client engagement decisions. Yes, both you and your partners are well outside the foul lines. Take heart, my sick friend. Your firm has breached what I believe to be the most milk-toast, window-dressing rule in this area. The rule is only implicated as a disciplinary issue after an adjudication of unlawfulness under state or federal law in other venues. So… “Shush,” they may get away with it. What I can say is this. If you choose to practice law with these Neanderthals, then discipline is the last of your concerns. Also, please don’t give me your name, because I think I would take it upon myself to find a venue to pursue this. (Author’s note: Sorry. The public is welcome to send questions to which I can summarily respond, and I will do so with dignity. Just make sure they’re not stupid.) This column is intended to be informal and nonauthoritative, and does
not represent the position of the San Diego County Bar Association. The discussion
does not apply to everyone, and you should retain legal counsel to assist
with your individual circumstances. |