By Amanda J. Dougherty, Attorney at Gawthrop Greenwood, PC

The newest addition to the American Bar Association’s Model Rules of Professional Conduct is long overdue. The rule prohibits harassment or discrimination based on race, sex, religion, sexual orientation, marital status and more. It may seem like a formality. After all, as Canada’s Prime Minister put it when asked why he picked a cabinet with an equal number of women and men, “It is 2016.” Let me assure you that this new rule is not just a formality, it is necessary.

Attorneys are often judged not solely by their work, but by their contributions to their community as a whole. So it was with dismayed exasperation that a female colleague told me about an experience she had when she wanted to join a notable, local legal organization. One board member responded, “Well, I see that you’ve got a ring. Are you going to get pregnant soon? Most women who get pregnant just don’t keep up.”

Such exchanges can be especially prevalent in the field of litigation, where adversarial relationships are more common. According to a recent article in The Legal Intelligencer, of the 521 lawyers in the largest plaintiff personal injury firms in Philadelphia, only 145 were women, and only 34 were minorities. Those lopsided numbers make it difficult to turn the tide on inappropriate behavior, including that of an opposing counsel who pointed out to a female litigator that he saw her “trying to distract him” when she reached for paperwork in the courtroom.

Many similar situations occur outside the workplace, albeit within the context of work. Attorneys are constantly interacting while serving on boards together, mingling at ABA functions or in the context of litigation. While a female attorney could go to her human resources department if her office-mate made an inappropriate comment, she does not have the same options if a court official or opposing counsel does the same. What is more, one could argue she is discouraged from making it an issue by the Pennsylvania Code of Civility, which holds that attorneys should endeavor to be civil and courteous, and to speak to court officers with respect.

We agree, Mr. Prime Minister, it is 2016. And the ABA’s new rule will hopefully result in a cultural shift away from “jokes” or “compliments” that alienate women in the legal community and beyond.

Amanda J. Dougherty is an associate at the law firm Gawthrop Greenwood, PC, who specializes in litigation of civil, criminal and tax matters. With offices in West Chester and Wilmington, Gawthrop Greenwood serves clients throughout the mid-Atlantic region and nation. www.Gawthrop.com