Analysis of ALJ's Genders from Public Use Data

There is something of a generational shift happening in ALJ hiring just like anything else. The WWII and Vietnam era vets were overwhelmingly male (especially the disabled 10 pt vets) and they dominated the selections off the old register due to the way that the points were factored. With the new process at OPM the points seem to be factored in a different manner and there are far more female vets in the age range that would be applying for ALJ positions now. From the last hire off the old register I knew 3 selected of whom 2 were female (1 non-vet, 1 retired JAG) and 1 male (non-vet). Even in my own family, my Dad's generation (Vietnam era) was all male vets and from my generation it has been male and female at about 2 to 1 ratio. Of my female relatives who didn't join up, we have a number who are military spouses. We seem pretty representative IMO of a multi-generational military family where the tradition is strong.

I think that as people analyze data and look at the changes happening around them in the "ALJ world" and the country at large, it would be wise to remember that old song, "the times, they are a changin'. . ." There is going to be some tension as power shifts from one generation to another, especially when some people try to cling to careers and power too long instead of gracefully passing the torch. I was blessed to work with a WWII/Korea vet who retired in his 80s and I wish that all ALJs could model themselves on the way he carried himself. What a true American hero and gentleman.

Vet does not alway equal male and the makeup of the ALJ corp is shifting as the WWII era and older Boomers retire. It is becoming more female, more ethinically diverse and younger although the percentages are still vastly smaller than if representative of the population as a whole or even the bar as a whole. For those who went to law school in the last 20 years, you can probably remember looking at your law school class and the photos of classes even a decade earlier and note that you had more diversity by age, gender, race, etc than at any time in history. I remember my law school telling us how different we were by breaking the 20% barrier of females and by having about 30% "nontraditional" students who had worked (or even had whole careers) before law school. Those lawyers minted in the late 80s and into the 90s have the experience to join the ALJ corp now and change is not just "coming," it is here.

I've had some negativity thrown my way by one much older ALJ who is very resistant to change and is something of a spoiled prima donna. It makes a sometimes difficult job even harder when there is no need. Some people don't know how to turn off their competitive side and I find comparing our productivity numbers or who got the "better" chair or office, etc to be fairly ridiculous at this stage in our careers. I would ask everyone who is selected and those already in the ALJ corp to support each other and try to let go of any preconceived notions so that we can all do our job in serving the public in the best possible atmosphere. Once selected there is no special ranking for vets, or non-vets or older or younger among line ALJs. We are peers and hopefully professionals.

Are you actually asserting a belief that white males have superior productivity? By virtue of what, the greater ability to absorb vitamin D through lighter skin and of course the lack of monthly hormone surges? The problem I actually have is that I am younger and female and spanking some of the old guard handily on productivity while still a "baby" ALJ. I'm scheduling more hearings per day/week/month than a noticeable number of more experienced ALJs in my office and moving my cases more efficiently with fewer remands so far. It also happens that one of the top 3 producers in my office year after year is not a white male either, so perhaps another one of us outsiders to the old boys club is galling to some people who believed their "superiority" was guaranteed by their genes.

The particular old head I've had trouble from is jealous at seeing more "senior" ALJs turn to me for tips on everything from the legal subject matter (due to my time inside the agency researching the finer points and writing the more complex/rare cases) to my deeper knowledge of our unique computer programs. He has also made some comments that made it quite clear that he didn't think I had what it took to do the job despite his lack of knowledge of my legal background prior to joining the agency. Now he simply looks pathetic and petty with his thinly disguised remarks about people "knowing their place" among other unprofessional behavior. You may not understand the remark but any woman or racial minority can translate that one easily.

Are you also assuming that it took some type of "affirmative action" for more women and/or racial minorities to join the ALJ corp when our numbers are naturally going up in the overall population of qualified attorneys over time? I am still picking my jaw up from the floor at that card being played. Darn that 23% of females (or whatever) for being selected over a white male who of course has some entitlement to this job by birthright, is that the message here? Of course they could not have won their selections fair and square by virtue of talent so affirmative action needs to be brought up to try to tarnish their accomplishment? What the heck!

Oh my word! What is going on here? Someone please tell me that after graduating law school, passing the bar, becoming a sound litigator for over a decade, and going through this whole process, that IF one actually gets the job there will be some ALJs looking at them as nothing more than an "affirmative action baby"?

Let me tell you something. Affirmative Action does not give anyone an unfair advantage over a better qualified person just because of gender or race. I don't know what that is called, but I do know it is illegal, and not to be confused with affirmative action. In fact, affirmative action is a term that really should be done away with. Equal employment opportunity is the law, and if practiced, it will result in a workplace that is representative of society. You can be assured that there are best qualified individuals in every race and gender, and lesser qualified individuals in every race and gender. Smart employers know this.

I certainly hope that this attitude or mindset is not pervasive among the SSA ALJ corp.