Gender gap in law at risk of widening amid diversity pullback – Financial Times

Gender Equality in the Legal Profession: Progress and Challenges Aligned with Sustainable Development Goals

Introduction

The legal profession continues to face significant gender disparities, particularly in senior leadership roles. This report examines the current state of gender equality in law, emphasizing the importance of Sustainable Development Goal 5 (Gender Equality) and its interconnectedness with other SDGs such as Quality Education (SDG 4), Decent Work and Economic Growth (SDG 8), and Reduced Inequalities (SDG 10).

Current Gender Representation in Law

1. Overall Representation: Women constitute 47% of all lawyers globally but only 38% hold senior positions, according to data from the International Bar Association (IBA), which surveyed 170,000 lawyers across five continents.
2. Geographical Variations:
   • England and Wales, Chile, and Spain exhibit the largest gaps between female representation in the profession and in leadership roles.
   • Ukraine, Turkey, Nigeria, and the Netherlands have the highest numbers of senior female lawyers.
3. Sectoral Disparities: Corporate law shows the widest gender gap at senior levels, with men outnumbering women by 11 percentage points, followed by the judiciary and public sector.

Challenges to Gender Equality in Law

• Workplace Culture: The corporate legal environment is described as “alpha-testosterone-fuelled,” contributing to the slow advancement of women in senior roles.
• Rigid Working Practices: Traditional work models, lack of flexible arrangements, and rising childcare costs disproportionately affect women’s career progression.
• Sexism and Bias: Persistent cultural and institutional sexism continues to hinder gender parity.
• Political and Social Backlash: Recent political actions, such as investigations into law firms’ diversity policies in the US, have raised concerns about deprioritization of diversity and inclusion initiatives globally.

Impact of Diversity, Equity, and Inclusion (DEI) Policies

DEI initiatives are critical to achieving SDG 5. However, recent trends show mixed outcomes:

• Quota setting is the least favored DEI measure among female lawyers.
• Flexible working arrangements, coaching, and mentoring are considered the most effective strategies.
• Some law firms have reduced transparency by omitting gender diversity data from public announcements.
• Political backlash, especially in the US, has led to a decline in the popularity and implementation of DEI policies.

Innovative Approaches to Support Women in Law

Organizations like Obelisk Support are pioneering flexible work models to align with SDG 8 (Decent Work and Economic Growth) and SDG 5:

• Flexible working hours tailored to childcare responsibilities.
• Gender-neutral parental leave spread over extended periods.
• Compensation models that account for childcare costs to prevent economic exclusion.

Outlook and Recommendations

1. Accelerate Progress on Gender Equality: Address systemic barriers to ensure women can sustain long-term legal careers.
2. Promote Flexible Work Policies: Redesign working arrangements to support work-life balance, crucial for retaining female talent.
3. Enhance Transparency and Accountability: Maintain and publicize gender diversity data to track progress effectively.
4. Combat Cultural Bias: Implement real actions beyond symbolic gestures to dismantle sexism and unconscious bias.
5. Support Inclusive Leadership: Encourage more women in senior roles to serve as role models and mentors.

Conclusion

While there has been some progress toward gender equality in the legal profession, the pace remains insufficient to meet the ambitions of Sustainable Development Goal 5. A concerted effort involving flexible work policies, transparent DEI initiatives, and cultural change is essential to create an inclusive legal sector where women can thrive at all levels.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 5: Gender Equality
   • The article highlights gender disparities in the legal profession, particularly the underrepresentation of women in senior roles and leadership positions.
   • Issues such as sexism, childcare costs, and inflexible working practices affecting women’s career progression are central themes.
2. SDG 8: Decent Work and Economic Growth
   • The article discusses workplace culture, flexible working arrangements, and the need for equitable pay that factors in childcare costs.
   • It addresses barriers to women’s full participation in the workforce and leadership, impacting economic growth and decent work conditions.
3. SDG 10: Reduced Inequalities
   • The article touches on inequalities within the legal profession based on gender, including unequal access to leadership roles and pay disparities.
   • It also references the impact of political and social factors on diversity and inclusion policies.

2. Specific Targets Under Those SDGs Identified

1. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life.
   • Target 5.4: Recognize and value unpaid care and domestic work through the provision of public services, infrastructure, social protection policies, and the promotion of shared responsibility within the household and family.
2. SDG 8: Decent Work and Economic Growth
   • Target 8.5: Achieve full and productive employment and decent work for all women and men, including equal pay for work of equal value.
   • Target 8.8: Protect labour rights and promote safe and secure working environments for all workers, including women.
3. SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices.

3. Indicators Mentioned or Implied to Measure Progress

1. Proportion of women in the legal profession
   • Data from the International Bar Association showing women make up 47% of lawyers but only 38% in senior positions.
   • Gender breakdowns in law firm leadership and partner roles (e.g., equity and non-equity partners in the US).
2. Gender pay gap and pay equity
   • Implied through discussions on pay factoring in childcare costs and equitable compensation.
3. Availability and uptake of flexible working arrangements
   • Flexible working is identified as a key DEI measure preferred by women lawyers.
   • Indicators could include the proportion of firms offering flexible hours, parental leave policies, and mentoring schemes.
4. Retention and progression rates of women in law
   • Drop-off rates of women from early career stages to senior leadership roles.
5. Inclusion and diversity policy implementation
   • Tracking the presence or absence of diversity and inclusion targets in firms’ public announcements.
   • Impact of political and social factors on these policies.

4. Table of SDGs, Targets, and Indicators

Source: ft.com