As the problem of sexual harassment and discrimination in the workplace has again come to the forefront in recent years, many law firms have taken a hard look at whether their firm’s culture permits or even promotes harassment and discrimination. Besides the primary goal of creating a work environment free of harassment and discrimination, many law firms are reviewing how they address attorney compensation and promotions to ensure that their systems are as objective as possible.

The American Bar Association took action to make clear that engaging in sexual harassment and discrimination is inconsistent with an attorney’s ethical obligations. In 2016, the ABA adopted Rule 8.4(g) of the Model Rules of Professional Conduct, which provides that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”

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