Narrowing the gender pay gap in the legal sector
Despite its role in arguing for equal pay, the legal profession is proving slow to narrow its own gender pay gap.
One survey1 shows that male partners in London firms typically earn 24% more than their female colleagues.
Thirty-seven per cent of female partners are likely to identify gender bias when it comes to compensation, compared to only 8% of male partners.
Interestingly, the same study found that over half (55%) of respondents would swap some of their pay for another benefit, the most popular being more flexible working. More women than men would opt for this.
Equal opportunities close the gender pay gap
Perhaps this highlights one of the fundamental issues behind the gender pay gap. While the legislation is all about creating equal pay, the calculations are something of a ‘blunt instrument’. In practice, employers need to level the playing field in order to give both genders an equal chance at success.
For example, women often need flexibility at work in order to fulfil family obligations such as child or elder care. But for many legal practices (and those in other sectors, it has to be said), this isn’t compatible with career progression.
Although this may seem surprising in today’s enlightened age, it’s hard to argue with the facts. Law Society figures show that nearly half of all solicitors are women, and yet the proportion of female partners in the UK’s top 10 law firms is just 18% (according to a 2017 survey by PwC). The glass ceiling is still very much a reality.
If law firms want things to change, they can make a real difference with a few key interventions – like flexible working. Part-time and job share roles, along with flexible start and finish times, will allow women focus on other priorities without jeopardising their career advancement.
Allocating reward
Gender pay gap calculations are just the first step in moving towards equal pay. There’s more involved in creating true equality at work, so law firms need to focus on the reward package as a whole.
Reward isn’t just about pay and bonuses. An enlightened reward strategy should include benefits and development opportunities that give women as many chances to achieve success as men.
For example, the provision of child care vouchers or elder care support as part of a flexible benefit scheme could allow employees to meet family responsibilities while working. Providing training and development opportunities as part of an equality-focused people strategy could support people to progress faster in their careers and reach seniority at the same time.
Positive leadership
All of these changes require positive leadership. In a recent interview with Forbes magazine2, Sangita Kasturi, CEO of diversity specialists Action Inclusion, suggested that leaders should:
- avoid stereotyping women – they tend to be seen as having ‘softer’ skills, when in fact many have a broad range of leadership qualities, including courageous decision-making, strategic analysis and the ability to take risks
- avoid unconsciously blaming women for not fitting gender norms (strong women tend to be ‘punished’ for being ambitious)
- offer paternity leave to give families a choice over who works
- avoid asking for salary history so as not to reinforce a tradition of undervaluing women
- use gender-neutral language
- review policies and practices
- train and coach senior people around implicit bias.
Eliminating unconscious bias
Perhaps the biggest barrier to creating the kind of equal opportunities that will close the gender pay gap is unconscious bias. Whether we like it or not, our deeply held, unconscious beliefs shape our decisions and actions.
As Kasturi puts it: ‘Unconscious bias and the wage gap are linked because we pay for what we value and we continue to undervalue women economically.’
Some will no doubt argue that we shouldn’t see family responsibilities as a primarily female domain – that in itself is a bias. But for many women, being able to strike a balance between work and family life is important.
More blatant bias exists around whether or not women are really up to the job. Are recruiters really willing to give women a chance and let them take on ever more senior roles?
One way of encouraging this in the recruitment process is by using a blind application process. Selectors don’t know the age, ethnicity or even the name of the applicant.
This is contentious but effective, not just in recruitment but also in the world of classical music. According to internationally-renowned double bass player Chi-chi Nwanoku, blind auditions (where musicians perform behind a screen) have had a real impact.3
‘It comes as no surprise to me that since that’s been introduced, there are 25 percent more women in orchestras in America. It’s not just for the colour of your skin, it’s your gender as well.’*
Imagine what a difference this could make to narrowing the gender pay gap in the legal sector?
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1 https://www.mlaglobal.com/en-gb/news/2017-london-partner-survey
3 Desert Island Discs, BBC Radio 4
