Gender Equity in the Legal Profession

1. Gender Equity in the Legal Profession St. Louis Association of Corporate Counsel Golf/Spa CLE September 19, 2014 Presented by Lucy T. Unger

2. 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.

3. Women’s presence in the Legal Profession Salary/Pay Equity Information Women Lawyer’s Median Weekly Salary as a percentage of Men’s 73%

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

5. 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%).

8. Women in Corporations

9. 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.

10. 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.

11. 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 Charipersons

12. 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:

13. 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. 2007 Best Law Firms 2012 Best Law Firms 100% 96% 96% 82% 88% 60% 48% 66% ‘07 ‘07 ‘07 ‘07 ‘12 ‘12 ‘12 ‘12 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 transition

14. 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 arrangements

15. 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 Firms

16. 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 Women

17. 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.

18. 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 11 6 3 2 Weeks of Fully Paid Maternity Leave Weeks of Paid Paternity Leave Weeks of Paid Adoption Leave

19. 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 chare

20. Good Ol’ Boy Network The #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…

21. 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.”

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

25. You do the math

26. The Maternal Wall The #2 thing identified by women as a gender issue in their workplace-explicit bias against working mothers (as opposed to working fathers). 82% of women in the USA become mothers Lack of good mentors Lack of family supports (e.g. flex time, part time, reduced time, child care subsidies, non-penalized personal days). Yet working mothers are 79% less likely to get hired and 50% less likely to be promoted compared to men at their level

27. The Accumulation of Disadvantage

28. The Accumulation of Disadvantage • Under-developed negotiating skills • Few women negotiate their starting salary or raises in salary/bonuses • Over time, that leads to larger and larger discrepancies in compensation • Inverse relationship between level of compensation and level of involvement in activities that contribute to the long-term benefits for a law firm • Community service • Bar involvement • Associate & Paralegal Development • Firm morale

29. The Accumulation of Disadvantage • Ramp down & ramp up costs related to child-bearing/time away from work • Assumption 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/household

30. The Accumulation of Disadvantage • Women are not groomed to become tomorrow’s leaders • Left out of successorship plans • Not given full credit (or any credit) for new client origination or expanding current client work • Paternalism/lower expectation • Smaller Companies/Firms have the worst track records-the paradox of “the meritocracy”

31. Same Facts/Different Evaluation

32. “Shut Up, Ruth” 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

33. 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.

34. Penalties For Stepping Outside Stereotype • Dress violations-violating the “feminine mandate” • Self-promotion (“get ahead” agency) • Confrontation/criticism

35. 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 idea • The Tomboy

36. Implicit Bias Unconscious attitudes towards people based upon perceived social categorizations We have an image of a successful professional as being both male & masculine

37. 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”).

39. “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

40. 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.

41. Women of Color • Lack of visible mentors is especially pronounced • -Leads to feelings of bleak isolation • Bias begins at a much younger age than for White women • Event lower expectations than the already low expectations for women lawyers • Stereotype threat • The “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)

42. High Performers • Try to effect change • Insist on being heard- “Erin Brokovich” • Initiatives- “Nine to Five” workplace innovation • Salary transparency instead of salary secrecy • Money matters-intolerance of the 77% solution • -The brag sheet– “The Devil Wears Prada” • -Team building • If they are unsuccessful, they vote with their feet

43. THANK YOU Gender Equity in the Legal Profession • St. Louis Association of Corporate Counsel Golf/Spa CLE • September 19, 2014 Lucy T. Unger