How is the Gender Gap and Female Representation Addressed in Law Firms
Many articles on our blog address the topic of diversity and equal representation. However, the gender pay gap issue is also related to the topic of diversity and inclusivity. In fact, as explained in this blog post, gender pay gap is closely linked to the lack of equal representation. In order to properly discuss this topic, the article is divided in the following sections:
Gender Pay Gap in Law
Gender Disparities in ADR
Possible Solutions
Current Results.
Gender Pay Gap in Law
One of the most discussed and recurring themes is gender pay gap. This issue is brought from the fact that in a lot of professions, women have a lower salary than men for the equal amount of work. For example, in United Kingdom, 78% of law firms pay men more than women.[1] According to the American Bar Association, studies show that women make 80 cents for every dollar made by men.[2] Furthermore, minority women, for example, African Americans, Latinas, Hispanics, Native Americans, gain an even lower salary.[3]
Gender Disparities in ADR
Concerning the field of ADR, a report on the American Bar Association (“ABA”) shows that the difference of the salary between men and women is mainly due to the lack of representation of women and minority in the profession.[4] In the ABA section of Dispute Resolution, a group of representatives was formed called Women in Dispute Resolution Committee (“WIDR”).[5] The Committee aims to analyse the situation concerning the differential gender treatment and solving it.[6] In fact, as stated in the previous paragraph, this picture is given by the low involvement of women in the field.[7] For instance, according to the report, there is a low rate for women to be chosen as neutrals.[8] Moreover, WIDR has conducted a survey to provide the full picture of the current representation in ADR. The report demonstrates that 66% of the participants were male and 34% female.[9] Furthermore, the percentage of the ethnicities were the following: 90% White/Caucasian, 5% African American, 2% Hispanic, 1 % Asian, 0% Native American and/or Pacific Islander, and 2% indicated as Other.[10]
Possible Solutions
In light of the presented data, it can be established that gender pay gap is directly proportionate to the lack of equal representation. The WIDR suggests that clients and lawyers would think more about their choice as neutrals, precisely in the three arbitrator panel, there should be a woman who is equally qualified.[11] Moreover, networks should be strengthened to include more women and minority persons, in order to progress in reaching an equal representation.[12] There are also other solutions, which can be applied anywhere, from business companies to law firms. For instance, ensuring that a minimum percentage of the employees is composed by women.[13]
Current Results
Currently, many countries have started to implement these measures, for instance, in 2003 Norway was the first country to include a policy enouncing that 40% of a company’s board is to be constituted by women.[14] After that, more states have started to adopt similar measures, while adding consequences for non-compliance.[15] In the United Kingdom, it was found that one of the top law firms, Keystone Law had a 40% of female representation in 2017. [16] The progress was reached by setting the following aims:
Having 30% female lawyers by 2020
Providing specialist training to help female lawyers return from maternity leave
Appointing Diversity and Inclusivity Champions with the task of raising awareness, supporting initiative and calling out bias.[17]
Furthermore, Iceland was the first state to legalize equal pay between men and women by asking companies to prove that equality pay is ensured.[18] In the United Kingdom, the Equality Act 2010 Regulations states that organizations with 250 or more employees need to release the statistics of employee’s pay by 30 March annually.[19] Women can claim compensation if they win the dispute concerning the pay gap that they experience.[20] In Australia, the government released the Equal Pay Handbook, which is designed to ensure that employers meet their obligations under federal, industrial and anti-discrimination legislation.[21] Furthermore, the handbook gives an understanding of pay equity and of equal renumeration in the workplace.[22] A final example is the July 2017 EU Paper on enforcement of the principle of equal pay for equal work or work for equal value.[23] This document analyses the situation in EU Members and Iceland, Liechtenstein and Norway, and explains the legal framework which the European Commission applied to address the issue.[24]
In conclusion, progress is being made to ensure better representation in the work force in general, however we still have a long road ahead, especially in the legal field.
[1] Jaya Harrar, “Gender Pay Gap: Why is the Legal Sector Failing?” (2018) Lawyer Monthly < https://www.lawyer-monthly.com/2018/08/gender-pay-gap-why-is-the-legal-sector-failing/ > accessed on 16 February 2021
[2] Rebecca Sha, “The Persisting Gender Pay Gap: Recent Developments in the Law That Address Gender Pay Disparities” (2019) American Bar Association < https://www.americanbar.org/groups/litigation/committees/diversity-inclusion/articles/2019/spring2019-gender-pay-gap-recent-developments/ > accessed on 19 February 2021
[3] Ibid
[4] Gina Viola Brown and Andrea Kupfer Schneider, “Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey” (2015) Akron Law Journals, The University of Akron < https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1274&context=akronlawreview > accessed on 22 February 2021 2
[5] Gina Viola Brown and Andrea Kupfer Schneider, “Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey” (2015) Akron Law Journals, The University of Akron < https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1274&context=akronlawreview > accessed on 22 February 2021 2
[6] Ibid
[7] Ibid
[8] Ibid
[9] Gina Viola Brown and Andrea Kupfer Schneider, “Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey” (2015) Akron Law Journals, The University of Akron < https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1274&context=akronlawreview > accessed on 22 February 2021 5
[10] Ibid
[11] Gina Viola Brown and Andrea Kupfer Schneider, “Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey” (2015) Akron Law Journals, The University of Akron < https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1274&context=akronlawreview > accessed on 22 February 2021 22
[12] Ibid
[13] Jae-Hee Chang, Improving Gender Diversity in Company Boards (Women in Business and Management, International Labour Organization)
If you would like to deepen your knowledge more about what measures different countries have implemented to achieve a better female representation in business companies, I suggest reading this paper. < https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---act_emp/documents/briefingnote/wcms_754631.pdf > accessed on 22 February 2021
[14] Jae-Hee Chang, Improving Gender Diversity in Company Boards (Women in Business and Management, International Labour Organization) 5
[15] Jae-Hee Chang, Improving Gender Diversity in Company Boards (Women in Business and Management, International Labour Organization) 6
[16] Jaya Harrar, “Gender Pay Gap: Why is the Legal Sector Failing?” (2018) Lawyer Monthly < https://www.lawyer-monthly.com/2018/08/gender-pay-gap-why-is-the-legal-sector-failing/ > accessed on 16 February 2021
[17] Ibid
[18] Alexander Maveal, “Iceland becomes first country to legalize equal pay between men and women” (2018) Global News < https://globalnews.ca/news/3941827/iceland-becomes-first-country-to-legalize-equal-pay-between-men-and-women/ > accessed on 23 February 2021
[19] HM Treasury, Gender Pay Gap Report 2020 (Government of United Kingdom, December 2020) 2
[20] Slater Gordon Lawyers, “Equal Pay Disputes” < https://www.slatergordon.co.uk/employment-law-solicitors/discrimination-at-work/equal-pay-disputes/ > accessed on 16 February 2021
[21] Australia Human Rights Commission, “The Equal Pay Handbook” (1998) < https://humanrights.gov.au/our-work/sex-discrimination/projects/equal-pay-handbook#:~:text=The%20Equal%20Pay%20Handbook%20is,industrial%20and%20anti%2Ddiscrimination%20legislation.&text=The%20Handbook%20is%20intended%20to,equal%20remuneration%20in%20the%20workplace. > accessed on 28 February 2021
[22] Ibid
[23] Petra Foubert, The enforcement of the principle of equal pay for equal work or work of equal value: A legal analysis of the situation in the EU Member States, Iceland, Liechtenstein and Norway (DG for Justice and Consumers, 2017, European Commission) 34 para 1
[24] Ibid