Diversity in the Legal Profession in Queensland

Written by Annie Choi
UQLS Diversity & Wellbeing Subcommittee Member

The Legal Profession as Experienced by Disabled Lawyers and How COVID-19 Has Impacted This

Written by Sherin Thomas

UQLS Diversity & Wellbeing Subcommittee Member

One in five, that is 20% of Australians have a disability however only 6% of Australian lawyers identify as having a disability. This is due to several barriers faced in the legal profession by legal practitioners who live with a disability.

It is important to note that there are several types and levels of disabilities, with each of them affecting and manifesting in individuals in different ways. Studies have revealed that only a very small percentage of legal practitioners have visible impairments, with over 90% having non- visible impairments. It is often that only those with visible impairments are declared to society and their workplaces with the majority choosing to conceal their conditions and needs.

The lack of awareness and stigma around hiring people living with a disability significantly deters employees, students, and trainees from identifying as having a disability.

Impacts of COVID-19

Living with Covid-19 over the past two years has meant that all workplaces have had to quickly make arrangements to enable working from home. This has given lawyers of diverse ability an opportunity to be more open with their needs for flexibility. “In the past [disabled lawyers] have been told it is not feasible to work flexibly, and now [they] know it absolutely is feasible” (Dale, 2021, p. 25).

The vast majority of lawyers with diverse abilities have stated that a major advantage of the change to work from home is that they can avoid the long commute into office that is often more stressful and strenuous to those with impairments. Lockdowns have also been an opportunity to demonstrate that remote working is an effective and reasonable adjustment for both the employer and employee.

However, as revealed by investigations, some professionals reported that several reasonable adjustments were requested and not provided during lockdown such as disability awareness training, flexibility and changes to targets and billable hours. One particular disadvantage of Covid-19 for many amongst the surveyed legal professionals was the difficulty in managing their mental health while working remotely. Despite the significant benefits that Covid-19 had on working arrangements for lawyers affected by disability, the consequences of risks associated with Covid-19 on pre-existing health conditions has led staff to express anxiety regarding future working arrangements which still remain greatly uncertain.

Many of those with non-visible impairments or mental health conditions that had previously refrained from identifying as disabled declared their disabilities during lockdowns for the first time. A report published by the organisation Legally Disabled suggests that this is the time to create conversations that enable people living with disabilities to feel confident to disclosing to their employer. Employers should focus on creating long-term plans in coproduction with employees who live with disability to make informed decisions on what will be most suitable. The plan should provide all employees with choices and adaptations to make work life more efficient and personalised.

Sources

Dale, A. (2021). At lunch with... The Disabled Australian Lawyers Association. LSJ: Law Society Journal, (84), 24–25. https://search.informit.org/doi/10.3316/informit.336654857129475

Foster, D., & Hirst, N. (2020). Legally disabled? The impact of Covid-19 on the employment and training of disabled lawyers in England and Wales: opportunities for job-redesign and best practice.

Stone, D. H. (2009). The disabled lawyers have arrived; have they been welcomed with open arms into the profession an empirical study of the disabled lawyers. Law and Inequality: Journal of Theory and Practice, 27(1), 93-134.

Women in Law: A 120-Year Retrospective

Written by Beining Zhang
UQLS Diversity & Wellbeing Subcommittee Member