Despite significant progress for women in the legal profession, there are some differences in the way men and women are expected to behave that may not change until societal norms and expectations change as a whole. In a recent article in the ABA Journal, Justice Sotomayor provided some thoughts about the differing expectations of male and female judicial candidates She remarked that she was offended by some of the questioning that took place during her confirmation hearings, especially questions related to her dating history. Her dating history was a hot topic because Justice Sotomayor has been divorced since 1983 and never remarried. For a male federal court judge that fact may not matter. But for a female judge this fact along with who you have dated, how often, and who you choose to bring to public events easily becomes a source of scrutiny.
It’s a classic double standard that is unfortunate and unfair. Proposing a ban on personal questions in confirmation hearings and interviews is probably not enough to change things because you can’t stop people from making assumptions about a woman’s professional ability based on her behaviors in her personal life. Personal opinions, assumptions and expectations are bred into us through society and the media – many on a subconscious level. Ultimately, societal and cultural views would have to change before women can feel free to act in the same manner as men without the worry that they will risk their professional reputations. Whether that can happen depends a lot on those with the power to shape the parameters of what is or is not acceptable within their own offices and professions – be that law partners or politicians.