A landmark study by the Law Council of Australia has found that women face significant levels of discrimination, with one of the study’s key figures telling Lawyers Weekly the profession is a “men’s only club”.
The National Attrition and Re-engagement Study (NARS), commissoned by the Law Council of Australia in 2013, surveyed 4000 people, representing almost one in 10 members of the legal profession. The 150 page report, released on 14 March 2014, revealed some disturbing findings. According to Leanne Mezrani, writing for Lawyers Weekly:
“Half of all women claimed to have experienced discrimination due to their gender, compared to just over 10 per cent of men. One in four women said they were discriminated against due to family or carer responsibilities.
“A number of women also reported receiving unwanted advances, feeling objectified or being exposed to inappropriate sexual behaviour.
“Overt examples of gender discrimination ranged from being allocated different types of work, to being rejected or judged as less competent by clients and colleagues. Subtler forms of discrimination were also reported, including demeaning and condescending language by clients and colleagues and exclusion from conversation or social activities.
“Discrimination was not limited to male offenders, with a number of women identified as the perpetrators.”
The NARS found that a factor contributing to the high rates of discrimination was a perception of conscious or unconscious bias against women who adopt flexible working arrangements. The research suggests that while a range of flexible options might be available, taking them up could have a negative impact on progression prospects. This is not, however, a problem solely confined to the legal profession. Workplace Gender Equality Agency director Helen Conway observes that in order to challenge the stigma of flexible working, partners and managers should undergo training on how to manage employees working flexibly and how to design roles that can be done flexibly. ‘Most importantly,’ she says, ‘firms need to cut deeply into their cultures. Gender equality needs to be embedded in how firms conduct their business – it needs to be part of a firm’s DNA.’
Sally Macindoe, the head of diversity and inclusion at Norton Rose Fulbright, has, put a positive spin on the study, saying that while the results of the recently-released NARS are disappointing, “there is much good work underway”. Describing herself as described herself as “the optimist” on the panel that was gathered to discuss the finding at the NARS report launch, told attendees that firms are already taking steps to tackle discrimination and retain female staff. Her own firm, for example, has refined its flexible work arrangements with positive results, including an increase in the number of women in senior positions.
Fact sheets and a copy of the NARS report can be downloaded from the Legal Council of Australia website.