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300B
AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
FEBRUARY 22, 2021
RESOLUTION
RESOLVED, That the American Bar Association encourages Congress and state, local,
territorial, and tribal legislatures to enact legislation and appropriate adequate funding to
ensure access to fair, affordable and high-quality childcare and family care; and
FURTHER RESOLVED, That the American Bar Association encourages bar
associations, specialty bar associations, legal employers and law schools to develop
policies and best practices regarding fair and affordable access to and support for high-
quality childcare and family care for all individuals working in the legal profession;
including but not limited to (1) off-site or on-site childcare and family care services; (2)
childcare and family care vouchers and stipends; and (3) back-up tutoring and home-
schooling resources.300B
REPORT
I. Introduction and Overview
The ABA Coordinating Group on Practice Forward, the Commission on Women in the
Profession, and their supporters ask the House of Delegates to adopt this Resolution,
which (a) encourages Congress and state, local, territorial and tribal legislatures to enact
legislation and appropriate adequate funding to ensure access to fair, affordable and high-
quality childcare and family care; and (b) encourages bar associations, legal employers
and law schools to develop best policies and best practices regarding fair and affordable
access to and support for high quality childcare and family care for all individuals working
in the legal profession.
The COVID-19 pandemic has highlighted and made public the need for fair, affordable
and high-quality childcare for millions of parents who cannot return to work without
adequate childcare. 1 This issue has impacted the legal profession just as it has every
business sector of the United States economy. Businesses have recognized the need to
address the structural issues related to childcare, and how the lack of access to affordable
quality childcare may hamper the economic recovery of our country. 2 Childcare is
essential for all working parents as they “enter, re-enter, or remain in the workplace” and
access to childcare is hard to come by. 3
The pandemic has also brought into focus the impact of childcare responsibilities upon
women. A recent census study found that in the United States, one in five (19.6%) of
working age adults stated that they were not working because COVID-19 had disrupted
their childcare arrangements, with working mothers bearing the brunt of not working due
to childcare issues. 4 Other studies suggest the decline of women’s post-pandemic
participation in the workplace may be due to the lack of childcare. 5 Recent studies by the
ABA support such findings as they relate to women lawyers. Studies by the ABA
Coordinating Group on Practice Forward 6 and other studies by the ABA Commission on
Women in the Profession referenced in this Report show that women lawyers remain first
in line for most childcare and family care responsibilities. 7 The impact of family care
1 USA Today, Coronavirus Childcare Crisis Tops Concerns as Nation Pushes to Reopen; Parents Ask:
Who will Watch Our Children, May 19, 2020.
2 https://www.frsf.org/community-development/publications
3 https://www.census.gov/library/stories 2020/08/Parents Juggle Work and Childcare During Pandemic
4 Id.
5
https://www.dallasfed.org/research economics/2020/1110; https://www.chicagofed.org/covid-19
6
Liebenberg, R. and Scharf, S. Emerging From The Pandemic Into The Future Of Law Practice: A
National Survey Of The Legal Profession, American Bar Association (forthcoming February 2021).
7
Liebenberg, R. and Scharf, S., Walking Out the Door, The Facts, Figures and Future of Experienced
Women Lawyers in Private Practice, (2019) p. 12, American Bar Association and ALM Intelligence Legal
Compass which can be found at
https://www.americanbar.org/content/dam/aba/administrative/women/walkoutdoor_online_042320.pdf300B
obligations on women of color can be even greater as they typically have more multi-
generational family care responsibilities than white women. 8
The pandemic has highlighted the complicated juggling act of caregiver and
professional work responsibilities for women. While the ABA’s work has focused on the
elimination of bias and the enhancement of diversity in its own organization and in the
legal profession and justice system, this resolution addresses how the lack of available,
affordable, childcare and family care options, impacts the ability of workers in all
segments of the economy to do their jobs. Lack of affordable, quality childcare and family
care is a barrier 9 that must be addressed for all lawyers in our society. This resolution will
advance that mission.
II. The ABA Should Support This Resolution Because There is a National
Movement to Provide Affordable Childcare and Family Care and the ABA
Should Add Its Voice to the Ongoing Conversation
A. The U.S. Chamber of Commerce Recognizes the Importance of
Providing Child and Family Care to Families as Lack of Accessible
Childcare is a Barrier for Many Parents Returning to Office Locations.
From the ABA to the United States Chamber of Commerce and Federal Reserve
Districts across the country, much analysis and discussion is being undertaken related to
the challenges working parents face in meeting childcare needs in this pandemic, and the
need for structural changes related to access to and funding for childcare and family care.
And, employers and the business community recognize that businesses and families
acting alone cannot provide sufficient access to affordable child and family care.
The United States Chamber of Commerce supports government funding for childcare
and in July 2020 issued a letter to the U.S. House of Representatives that advocates for
legislative action. In part, that letter states:
Thirteen million Americans rely on the childcare sector to care
for and educate their young children while they work. Without
8
Peery, D. Brown, P. and Letts, E., Left out and Left Behind (2020), pp. 13-14 and 17-19
https://www.americanbar.org/content/dam/aba/administrative/women/leftoutleftbehind-int-f-web-061020-
003.pdf
9
The ABA has previously enacted policy affirming that all barriers prohibiting women from full and equal
participation in the legal profession must be removed.
Recognize that persistence of overt and subtle barriers denies women the
opportunity to achieve full integration and equal participation in the work,
responsibilities, and rewards of the legal profession; affirm the fundamental
principle that there is no place in the profession for barriers that prevent the full
integration and equal participation of women in all aspects of the legal profession;
and call upon members of the legal profession to eliminate such barriers.
Resolution 88A121.
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this industry’s survival and ability to safely care for the children
of working parents, every other American industry will struggle
to return to work. The U.S. Chamber of Commerce
appreciates the attention Congress is giving to this critical
issue, but urges lawmakers to quickly find a bipartisan,
bicameral path forward that is targeted and timely. 10
The U.S. Chamber’s Foundation conducted two studies during 2020 to evaluate the
impact of lack of available childcare on the workforce. 11 It found that 75% of working
parents currently have children staying at home with a parent during working hours, 50%
of parents who have not yet fully returned to work (either working remotely or to an office
location) during the pandemic cite childcare as the number one reason they have not fully
returned to work and 60% of parents will need to change their current childcare
arrangements next year. Thirty-two percent of employers have seen some of their
employees leave the workforce due to the effects of COVID-19. In supporting
congressional action for childcare funding, the U.S. Chamber has recognized that:
Childcare is … essential to support the workforce of today and
vital to develop our workforce of tomorrow. Parents rely on
childcare to help them enter, re-enter, or remain in the
workforce, but access to affordable, quality childcare is hard
to come by. Now due to the COVID-19 pandemic, families are
experiencing additional challenges and finding childcare is
nearly impossible. 12
The legal profession is no different. The profession risks losing significant talent if it
does not take action. 13 Accordingly, the ABA should encourage Congress, in addition to
state, local, territorial and tribal legislatures to enact legislation to ensure adequate
funding for child and family care.
B. Women Are More Likely to Be Responsible for Childcare and Family
Care and Research Conducted by the ABA Shows this Impacts
Women’s Advancement in the Profession
In 2020, the ABA Coordinating Group on Practice Forward undertook a study to
evaluate the impact of COVID-19 on lawyers. The researchers solicited responses to an
10 https://www.uschamber.com/letters-congress/us-chamber-letter-childcare
11 https://www.uschamberfoundation.org/reports/covid-19-impact-childcare
12 Id.
13https://www.cnn.com/2021/01/08/economy/women-job-losses-pandemic/index.htm ( C. Nicole Mason,
president and CEO of the Institute for Women’s Policy Research states “we don’t have the pandemic under
control. Schools and day cares are still closing, and we know that’s what’s impacting women’s ability to re-
enter the workforce and sustain jobs.”). Do not, however think that lack of adequate child and family care
is only a pandemic problem. See https://ms-jd.org/blog/article/women-lawyers-are-held-back-by-childcare-
responsibilities-what-are-law-firm (Women Are Held Back by Childcare Responsibilities: What Are Law
Firms Doing About It?).
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online questionnaire addressing issues impacting work during COVID-19. Not unlike
findings in the workforce at large, the study found that while childcare issues had impacted
both male and female lawyers, the impact upon women lawyers was significant:
• Women, both pre-pandemic and during the pandemic, were significantly
more likely than men to have personal responsibility for childcare. During
the pandemic, women with children, particularly women with young
children, were more likely to have had an increase in childcare
responsibilities;
• Women, especially women with children and lawyers of color, reported
that work was more often disrupted by family and household obligations
than a year ago;
• Women, especially those with children, were more likely to report they
were thinking it would be better to work part-time, not full-time. The
younger the child, the more impact it had on a woman’s thought process;
• More women lawyers also expressed the view that, compared to a year
ago, it would be better to stop working;
• Women, especially women with children, were interested in their
employers providing subsidies for childcare, tutoring or family care; and
• Women thought it was important that legal organizations adopt
comprehensive plans for sick leave and family leave. 14
The Practice Forward Study only confirms what is already known about caregiving
responsibilities, “[a]s the data makes clear, women lawyers bear a disproportionate brunt
of responsibility” for childcare. 15 The impact of this responsibility on the progression of
women’s legal careers, and subsequently on gender equity in the profession is significant.
The 2019 study, Walking Out the Door, found that access to childcare is crucial to keeping
women lawyers in the practice long term 16. In the Commission on Women in the
Profession Study, Left Out and Left Behind, The Hurdles, Hassles and Heartaches of
Achieving Long-Term Legal Careers for Women of Color, the authors devote multiple
14Liebenberg, R. and Scharf, S. Emerging From The Pandemic Into The Future Of Law Practice: A National
Survey Of The Legal Profession, American Bar Association (forthcoming February 2021).
These bullet points are summaries of responses to the questionnaire and were provided by the research
group. The full report is in the production stage of publication and hopefully will be out before the House
meets at the 2021 Midyear Meeting.
15 Liebenberg, R. and Scharf, S., Walking Out the Door, The Facts, Figures and Future of Experienced
Women Lawyers in Private Practice, (2019) p. 12, American Bar Association and ALM Intelligence Legal
Compass which can be found at
https://www.americanbar.org/content/dam/aba/administrative/women/walkoutdoor_online_042320.pdf
16 Id.
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pages to the impact of family care and childcare responsibilities for women of color. 17
That data from that study showed in part that:
• Women of color were more likely than white women and men to have
extended family responsibilities;
• Women of color are less likely than white women to use a babysitter for
childcare; and
• Women of color are more likely than white women and men to be directly
involved in executing the details of care for their families and their
households. 18
III. The ABA Has a Long History of supporting Child and Family Care
Resolutions That Impact the Profession and Our Society
The ABA has a history of supporting child and family care resolutions and has long
recognized the impact of caregiving on working families. Likewise, the ABA has been a
pioneer in addressing the issues of gender equity in the legal workplace. The intersection
of these two issues must be recognized.
A. The ABA has previously adopted resolutions that address the issue of
caregiving on working families.
• In 1983, the HOD adopted a resolution supporting the enactment of
legislation to provide creative mechanisms for extending the availability and
affordability of quality childcare. 83A102A.
• In 1988, the HOD adopted a resolution supporting legislation establishing
job protected leave for child and family care. 88A111.
• In 2007, the HOD adopted a resolution urging lawmakers to enact laws to
allow caregivers of children and families of American service members to
use leave and sick time to provide direct care and support to those children
and families. 07M108B.
• In 2020, the HOD adopted a resolution urging all employers in the legal
profession to implement, maintain, and encourage the use of paid family
leave policies for the birth, adoption, or foster placement of a child.
20A100A.
17 Peery, D. Brown, P. and Letts, E., Left out and Left Behind (2020), pp. 13-14 and 17-19
https://www.americanbar.org/content/dam/aba/administrative/women/leftoutleftbehind-int-f-web-061020-
003.pdf
18 Id., pp. 13-14.
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B. The ABA has previously adopted resolutions that address gender
equity in the legal profession.
Discrimination in Compensation
• Urges legislation requiring equal pay for equal work. 19A115B.
• Urges Congress to amend Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§2000e-5(e), and federal age and disability employment discrimination laws
to ensure that in claims involving discrimination in compensation, the statute
of limitations runs from each payment reflecting the claimed unlawful
disparity. 07A302.
• Urges Congress to enact legislation that would provide more effective
remedies, procedures and protections to those subjected to pay
discrimination, including discrimination on the basis of gender, and would
help overcome the barriers to the elimination of such pay discrimination that
continue to exist. 10M107.
Discrimination in the Legal Profession
• Opposes bias and discrimination based on race and gender that prevent
multicultural women from gaining full and equal participation in the legal
profession, and actively support efforts to eradicate such bias and
discrimination. 95M119.
• Strongly condemns all forms of discriminatory hiring practices within the
legal profession, whether on the basis of sex, religion, race or national
origin. 72M23A.
Equal Rights Amendment
• Supports constitutional equality for women, urges the extension of legal
rights, privileges and responsibilities to all persons, regardless of sex, and
reaffirms support of and actions in furtherance of the ratification of the Equal
Rights Amendment to the U.S. Constitution. 16M10B.
In addition, the numerous publications and conferences sponsored by ABA Sections,
Divisions, Forums and Commissions addressing gender equity also illustrate the ABA’s
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commitment to achieving gender parity in the profession and the importance of that
achievement to its members. 19
IV. The Legal Profession Should Be A Leader in Recognizing the Impact of
Child and Family Care Responsibilities on All Who Work in Our Profession
The ABA is a leader in the promotion of gender equity and should support this
resolution so that it can be an advocate in the national conversation surrounding
legislation, as well as supporting legal employers in developing workplace policies.
Although some legal organizations are able to provide and fund caregiver support, not
all legal employers can shoulder that cost. There will be a national conversation about
support for child and family care in the next Congress and the ABA should be a strong
voice in that conversation.
Legal employers should be leaders in recognizing the impact caregiver responsibilities
have on working families, particularly working women. Legal employers, even those who
do not have the resources to financially support child and family care opportunities, can
develop policies that acknowledge the impact of these obligations and provide information
regarding resources that can assist families with their caregiving obligations.
V. Conclusion
The need to address access to fair, affordable and high-quality childcare and family
care is one of the important issues of the day. The ABA’s own research shows that these
are also critical issues for all lawyers working in the legal profession and especially for
women lawyers. Addressing these issues allows the ABA to address issues that face our
society and lawyers in our profession. Importantly, it continues the ABA’s role of
highlighting the barriers that women lawyers continue to face in the profession and shows
that diversity, equity and inclusion must be part of the fabric of legal employers as we
work to close the gender pay divide.
Respectfully submitted,
Maureen Mulligan, Chair
Commission on Women in the Profession
Laura Farber, Co-Chair
Coordinating Group on Practice Forward
February 2021
19 Two major clearinghouses for information on gender equity created by the ABA are the following:
https://www.americanbar.org/groups/diversity/women/ (website for Commission on Women in the
Profession with links to studies and programming run by the ABA);
https://www.americanbar.org/groups/diversity/ (ABA Diversity & Inclusion Center). Also, many ABA entities
sponsor programing on gender equity as part of conferences, webinars, publications and sub-committees.
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GENERAL INFORMATION FORM
Submitting Entities: ABA Coordinating Group on Practice Forward and Commission on
Women in the Profession
Submitted By: Laura Farber, Bill Bay and Maureen Mulligan
1. Summary of Resolution(s).
This resolution encourages Congress and state, local, territorial, and tribal
legislatures to enact legislation and appropriate adequate funding to ensure
access to fair, affordable and high-quality childcare and family care; and
encourages bar associations, specialty bar associations, legal employers and law
schools to develop policies and best practices regarding fair and affordable access
to and support for high-quality childcare and family care for all individuals working
in the legal profession.
2. Approval by Submitting Entity
Approved by the ABA Coordinating Committee on Practice Forward on January 7,
2021 and Commission on Women in the Profession on January 22, 2021.
3. Has this or a similar resolution been submitted to the House or Board previously?
• Resolution 83A102A (1983): Supports the enactment of legislation to
provide creative mechanisms for extending the availability and affordability
of quality childcare.
• Resolution 88A111 (1988): Supports legislation establishing job protected
leave for child and family care;
• Resolution 88A121 (1988): Policy affirming that all barriers prohibiting
women from full and equal participation in the legal profession must be
removed.
• Resolution 07M108B (2007): Urges lawmakers to enact laws to allow
caregivers of children and families of American service members to use
leave and sick time to provide direct care and support to those children and
families.
• Resolution 20A100A (2020): Urges all employers in the legal profession to
implement, maintain, and encourage the use of paid family leave policies
for the birth, adoption, or foster placement of a child.
• Resolution 19A115B (2019): Urges legislation requiring equal pay for
equal work.
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• Resolution 07A302 (2007): Urges Congress to amend Title VII of the Civil
Rights Act of 1964, 42 U.S.C. §2000e-5(e), and federal age and disability
employment discrimination laws to ensure that in claims involving
discrimination in compensation, the statute of limitations runs from each
payment reflecting the claimed unlawful disparity.
• Resolution 10M107 (2010): Urges Congress to enact legislation that would
provide more effective remedies, procedures and protections to those
subjected to pay discrimination, including discrimination on the basis of
gender, and would help overcome the barriers to the elimination of such pay
discrimination that continue to exist.
• Resolution 95M119 (1995): Opposes bias and discrimination based on race
and gender that prevent multicultural women from gaining full and equal
participation in the legal profession, and actively support efforts to eradicate
such bias and discrimination.
• Resolution 72M23A (1972): Strongly condemns all forms of discriminatory
hiring practices within the legal profession, whether on the basis of sex,
religion, race or national origin.
• Resolution 16M10B (2016): Supports constitutional equality for women,
urges the extension of legal rights, privileges and responsibilities to all
persons, regardless of sex, and reaffirms support of and actions in
furtherance of the ratification of the Equal Rights Amendment to the U.S.
Constitution.
4. What existing Association policies are relevant to this Resolution and how would
they be affected by its adoption?
This resolution is supportive of the prior policies referenced above. Also relevant
are: 1) ABA Goal 1, which has an objective of providing programs and services
which promote members’ professional growth and quality of life; and 2) ABA Goal
III regarding eliminating bias and enhancing diversity.
5. If this is a late report, what urgency exists which requires action at this meeting?
The pandemic caused a shift to remote work settings and remote learning for many
children. The results of the ABA Practice Survey highlighting the urgent need for
childcare and family care in the current environment were not received until after
the deadline to submit timely resolutions.
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6. Status of Legislation (if applicable).
It is our understanding there will be legislation on this topic introduced in this
Congress.
7. Brief explanation regarding plans for implementation of the policy, if adopted by
the House of Delegates.
After adoption, the Coordinating Group on Practice Forward and the Commission
on Women in the Profession will work with federal, state, local, territorial, and tribal
courts, bar associations, legal employers, law schools, and other ABA entities to
determine the most effective way to advocate for this Resolution.
8. Cost to the Association (both indirect and direct costs).
No known costs.
9. Disclosure of Interest.
None.
10. Referrals.
Young Lawyers Division
Law Practice Division
Center for Professional Responsibility
Commission on Disability Rights
Commission on Hispanic Legal Rights and Responsibilities
Commission on Racial & Ethnic Diversity in the Profession
Commission on Sexual Orientation and Gender Identity
Commission on Lawyer Assistance Programs
Health Law Section
Family Law Section
Business Law Section
Section of Litigation
Solo, Small Firm and General Practice Division
11. Name and Contact Information (Prior to the Meeting).
William R. Bay
Thompson Coburn LLP
505 N 7th Street, Suite 3500
Saint Louis, MO 63101-1693
Office: (314) 552-6008
wbay@thompsoncoburn.com
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Laura Farber
Hahn & Hahn LLP
301 E Colorado Blvd, Suite 900
Pasadena, CA 91101-1977
Office: (626) 796-9123
lfarber@hahnlawyers.com
Maureen Mulligan
Peabody & Arnold LLP
600 Atlantic Avenue
Boston, MA 02210
Tel: 617.951.2022
mmulligan@peabodyarnold.com
12. Name and Contact Information (Who will present the Resolution with Report to the
House?)
Laura Farber
Hahn & Hahn LLP
301 E Colorado Blvd, Suite 900
Pasadena, CA 91101-1977
Office: (626) 796-9123
lfarber@hahnlawyers.com
William R. Bay
Thompson Coburn LLP
505 N 7th Street, Suite 3500
Saint Louis, MO 63101-1693
Office: (314) 552-6008
wbay@thompsoncoburn.com
Maureen Mulligan
Peabody & Arnold LLP
600 Atlantic Avenue
Boston, MA 02210
Tel: 617.951.2022
mmulligan@peabodyarnold.com
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EXECUTIVE SUMMARY
1. Summary of the Resolution
This resolution encourages Congress and state, local, territorial, and tribal
legislatures to enact legislation and appropriate adequate funding to ensure
access to fair, affordable and high-quality childcare and family care; and
encourages bar associations, specialty bar associations, legal employers and law
schools to develop policies and best practices regarding fair and affordable access
to and support for high-quality childcare and family care for all individuals working
in the legal profession.
2. Summary of the issue that the Resolution addresses.
The COVID-19 pandemic has exacerbated the need for affordable and high-quality
childcare and family care for legal professionals, especial for women lawyers who
remain first in line for most childcare and family care responsibilities. The impact
of family care obligations on women of color is even greater as they have more
multi-generational family care responsibilities than white women. The lack of
available, affordable, childcare and family care options, impacts the ability of
women lawyers to do their jobs.
3. Please explain how the proposed policy position will address the issue.
This policy will (1) encourage enactment of legislation and adequate funding to
ensure access to fair, affordable and high-quality childcare and family care; and
(2) encourage bar associations, specialty bar associations, legal employers and
law schools to develop policies and best practices regarding fair and affordable
access to and support for high-quality childcare and family care for all individuals
working in the legal profession,
4. Summary of any minority views or opposition internal and/or external to the ABA
which have been identified.
No opposition is known at this time.
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