Gender Equity in the Legal Profession - PowerPoint Presentation

Slide1

Gender Equity in the Legal Profession

St. Louis Association of Corporate Counsel Golf/Spa CLESeptember 19, 2014

Presented by Lucy T. UngerSlide2

The Pay Gap

In 1963, on average, women earned $0.59 for every $1 that men in comparable positions earned

In 2014 –now that the Equal Pay Act & Civil Rights Act have been in place for 50+ years, on average, women earn $0.77 for every $1 that men earn

So it has taken more than 50 years to lessen the gender pay gap by 18 cents.Slide3

Women’s presence in the Legal Profession

Salary/Pay Equity Information

Women Lawyer’s Median Weekly Salary as a percentage of Men’s 73%Slide4

Women lawyers’ weekly salary as a percentage of male lawyers’ salary:

73.4%

77.5%

70.5%77.5%

80.5%

74.9%

77.1%

86.6%

Women Equity Partners Compensation

At the median, women equity partners in the 200 largest firms earn 89% of the compensation earned by their male peers.Slide5

Women’s Representation Declines at Higher Levels

While the representation of women declines at the higher levels, the Best Law Firms employ more female Equity Partners (18%) than the national average (15%). Slide6
Slide7
Slide8

Women in Corporations

Caucasian

African American

HispanicAsian American/Pacific Islander

Middle Eastern

83.3%

10.2%

3.7%

1.9%

1%

Caucasian

African American

Hispanic

Asian American/ Pacific Islander

Middle Eastern

92.3%

3.8%

2.6%1.3%

0%Slide9

Partnership Structure’s Impact on Women

Among the Best Law Firms, women Lawyers represent 21% of Equity Partners versus 17% at two-tier firms.

The national trend is analogous, where women represented 21% of Equity Partners in one-tier firms and 15% of Equity Partners in two-tier firms.Slide10

Representation of Women on Influential Committees

At the Best Law Firms, women hold 21% of Executive, 21% of Compensation, and 22% of Equity Partner Promotion Committee seats.The representation of women on the Executive and Compensation Committees increased over last year, when women held 19% of Executive and 18% of Compensation Committee seats. Slide11

Representation of Women as Firm Leaders: 2007 v. 2012

Ten Best Law Firms (20%) are led by female managing partners, while six (12%) have female chairpersons.

Firms with Female Managing Partners

Firms with Female

CharipersonsSlide12

Top Ten Rainmakers

We asked the Best Law Firms how many of their top ten rainmakers are women. At the 36 firms that answered the question, here’s how women are faring in business development:Slide13

Leadership Training, Networking & Mentoring: 2007 and 2012

Significantly more Best Law Firms now support women through leadership training, networking and mentoring than did in the first year of our initiative.

‘07

‘12

88%

100%

‘07

‘12

60%

96%

‘07

‘12

48%

96%

‘07

‘12

66%

82%

2007 Best Law Firms

2012 Best Law Firms

Firm holds networking events with the female Lawyers of the firm and the firm’s female clients

Firm offers management or leadership training for Lawyers

Firm offers mentoring circles for women to provide support and guidance

Firm offers mentoring targeted for senior women Associates or new women Partners to facilitate advancement or help with transitionSlide14

Access to Flexible Work Arrangements Varies

All 2012 Best Law Firms offer Flex-Time and Reduced Hours. The Best Law Firms are less generous in offering Annualized Hours and Job Sharing.

Percentage of Best Law Firms that offer flexible work arrangementsSlide15

Usage Rates for Flexible Work Arrangements Remain Low

The Best Law Firms have more Lawyers working Reduced Hours (9%) than the national average (6%).

Percentage of Lawyers Using Flexible Work Arrangements at Best Law FirmsSlide16

Female Usage Rates for Flex-Time

The breakdown of Associates using Flex-Time splits evenly between men and women. More than 40% of Counsel and Non-Equity Partners who use Flex-Time are women.

Percentage of Lawyers Using Flex-Time at Best Law Firms Who Are WomenSlide17

Promotion Rates for Reduced Hour Lawyers

All 50 Best Law Firms (100%) offer Reduced Hours

47 of the 50 Best Law Firms (94%) allow Reduced Hour Lawyers to be eligible for Equity Partnership.

Last year, of the 10 Lawyers, on average, who were promoted to Non-Equity partner at the Best Law Firms, an average of 1 Lawyer was working a Reduced-Hour schedule at the time of the promotion.

Last year, of the 7 Lawyers, on average, who were promoted to Equity Partner at the Best Law Firms, an average of 1 Lawyer was working a Reduced-Hour schedule at the time of promotion.Slide18

Firms offer generous access to parental leave, but Lawyers don’t take full advantage of it

Number of Paid Weeks Offered

Average Number of Paid Weeks Taken

15

11

6

2

3

11

Weeks of Fully Paid Maternity Leave

Weeks of Paid Paternity Leave

Weeks of Paid Adoption LeaveSlide19

Child Care Offerings

Subsidized in-home backup child care has grown in popularity: 66% of Best Law Firms offer it in 2012, up from 62% in 2011.

Percentage of Best Law Firms that offer child chareSlide20

Good Ol

’ Boy NetworkThe #1 thing identified by women as missing in their workplace-good mentors in high positions

This is followed closely by a lack of women’s leadership initiatives

&

Perceived roadblocks to advancement beyond middle management

Of course, the Good

Ol

’ Boy Network also includes vague-and sometimes not so vague- put-downs of women…Slide21

In an interview with WIRED earlier this summer, Smith explained that one reason so few young women pursue careers in tech is that they lack visible role models. “There are 2 to 3 million women programmers in the world. We need to see them more,” she said.

“Nobody’s encouraging you. Nobody’s showing you the value of why you’re doing this and why it’s so impactful on the world,” Smith said at the time. “We want to show you that you have incredible heroes who already so this work.”Slide22

“Someone needs to tell women that sundresses are not proper in the courtroom,” she said, adding: “But it can be a delicate issue.”Slide23
Slide24
Slide25

You do the mathSlide26

82% of women in the USA become mothers

Yet working mothers are 79% less likely to get hired and 50% less likely to be promoted compared to men at their level

The #2 thing identified by women as a gender issue in their workplace-explicit bias against working mothers (as opposed to working fathers).

Lack of family supports (e.g. flex time, part time, reduced time, child care subsidies, non-penalized personal days).

Lack of good mentors

The Maternal WallSlide27

The Accumulation of DisadvantageSlide28

The Accumulation of Disadvantage

Under-developed negotiating skillsFew women negotiate their starting salary or raises in salary/bonusesOver time, that leads to larger and larger discrepancies in compensationInverse relationship between level of compensation and level of involvement in activities that contribute to the long-term benefits for a law firm

Community serviceBar involvementAssociate & Paralegal DevelopmentFirm moraleSlide29

The Accumulation of Disadvantage

Ramp down & ramp up costs related to child-bearing/time away from workAssumption that a married woman’s compensation is only “supplemental” income of that of her husband whereas a man’s compensation is the main support of the family/householdSlide30

The Accumulation of Disadvantage

Women are not groomed to become tomorrow’s leadersLeft out of successorship plansNot given full credit (or any credit) for new client origination or expanding current client workPaternalism/lower expectationSmaller Companies/Firms have the worst track records-the paradox of “the meritocracy”Slide31

Same Facts/Different EvaluationSlide32

Monday, Apr. 11, 1994

"Excuse me! Just let me finish if I may." -- JUSTICE SANDRA DAY O'CONNOR WHEN INTERRUPTED BY JUSTICE RUTH BADER GINSBURG DURING ORAL ARGUMENTS LAST TUESDAY; ON WEDNESDAY, GINSBURG WAS REBUKED AGAIN FOR INTERRUPTING BY JUSTICE ANTHONY KENNEDY

“Shut Up, Ruth”Slide33

Same Facts/Different Evaluation

These patterns lead to performances being evaluated differently such that women find themselves in a constant state of proving their value over and over and over again and still not getting recognized equally when they do prove it.Slide34

Penalties For Stepping Outside Stereotype

Dress violations-violating the “feminine mandate”Self-promotion (“get ahead” agency)Confrontation/criticismSlide35

Penalties For Stepping Outside Stereotype

Intimidating levels of excellence (get it done agency)Refusing to do “office housework” or allow others to interrupt you or take the credit for your ideaThe Tomboy Slide36

Implicit Bias

Unconscious attitudes towards people based upon perceived social categorizationsWe have an image of a successful professional as being both male & masculine Slide37

Implicit Bias

Women describe being in a double-bind, or “walking a tightrope” as they try not to be too feminine or too masculine. If they are too feminine, they are discounted as lacking power, ambition, and vision (e.g., Elle Woods in “Legally Blonde”). If they are too masculine, they can be discounted as lacking emotional intelligence (e.g. Grace Hart in “Miss Congeniality”). Slide38
Slide39

“Good Girl” Roles

These very qualities that tend to pay off in low-level positions back-fire in the quest to obtain and retain high level positions Slide40

The Tug-of-War

Workplace fights between women play a much larger role in stalling their advancement than the same kinds of fights between men. Slide41

Women of Color

Lack of visible mentors is especially pronounced -Leads to feelings of bleak isolationBias begins at a much younger age than for White womenEvent lower expectations than the already low expectations for women lawyers

Stereotype threatThe “Maternal Wall” looks different-75% are the sole or chief income in their households;-4 times as likely to be single

Greater leniency, however, to exhibit some behaviors-Righteous indignation, but not too much anger-Push energy (to get a team to get the job done)Slide42

High Performers

Try to effect change Insist on being heard- “Erin Brokovich”Initiatives- “Nine to Five” workplace innovation

Salary transparency instead of salary secrecyMoney matters-intolerance of the 77% solution -The brag sheet– “The Devil Wears Prada”-Team building

If they are unsuccessful, they vote with their feetSlide43

THANK YOU

Lucy T. Unger

Gender Equity in the Legal Profession

St. Louis Association of Corporate Counsel Golf/Spa CLESeptember 19, 2014