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Madeleine Begun Kane,
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Madeleine Begun Kane


"Our Portia has come up with an excellent solution." A trial judge said this about me several years ago in open court, when I was still a full-time litigator. I've never forgotten it. Not because it was a compliment to be compared to so formidable a lawyer as Shakespeare's Portia, although I think he meant it as a compliment. But what I really remember is my discomfort at being singled out as a woman in what, even today, remains a predominantly male world.

Despite our progress in the battle against workplace discrimination, the fact of being a female is almost always an issue. It may not be blatant, but it usually lurks just below the surface. We are not lawyers, executives, and managers. We are female lawyers, female executives, and female managers. Just when we are lulled into believing otherwise, something happens to remind us and those around us of our gender, in subtle yet unsettling ways.

Men often use physical compliments to call attention to the fact that we are different. References to "my lovely opponent" or "my most attractive adversary" remain remarkably common. It's a clever technique because any response, other than a gracious "thank you", seems like a petty over-reaction. Consequently, unless the remark is obviously offensive, as in references to certain unmentionable body parts, a simple nod or "thank you" is usually the prudent response. Of course if you're feeling less cautious, you may want to return the compliment. Done with a slight note of irony, this can be an effective way to get your point across. But saying "you look very handsome yourself, Your Honor" is probably not a good idea.

Concern for the tender female sensibility rivals compliments in the subtle sexism department. I've experienced this most often during business meetings. High powered meetings where a lone female is surrounded by her peers and superiors. Some time in the course of the meeting the inevitable will happen. One of the men will use an expletive - a minor one in all likelihood. The expedient course is to ignore it. She is a woman of the world. She has heard and possibly used such language - and even worse.

But is she allowed to ignore it? Of course not! That would be too easy. The curser inevitably turns to the lone female (who until this moment has somehow managed not to blush) and apologizes. This singles her out as a delicate female who doesn't quite belong and needs to be protected. This also reminds everyone that the rest of the group would be ever so much more comfortable, at ease, and free to be themselves if only a woman hadn't invaded their turf.

This has happened to me more times than I care to recall. And I still don't know the proper response. Should I ignore both the profanity and the apology? Is it best to graciously accept the apology, as if one were appropriate? Or should I say what I'm always tempted to say: "That's all right, I swear like a sailor too."

Most women, myself included, overlook these subtle forms of sexism. I'm troubled by this, and I worry that by being silent, I'm giving up an opportunity to educate. For while some men use these tactics deliberately, others don't even know they're being offensive. Nevertheless, I usually smile discreetly and give a gracious nod. And wonder if I'm doing the right thing, or if I'm mistaking cowardice for discretion.

© 1990 Madeleine Begun Kane. All Rights Reserved.

(Reprinted under the name ''My Most Attractive Adversary'' in several publications, including The Contemporary Reader)

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