Stressors that Impact Women Lawyers More - and Why Men Should Care.
Women's History Month is a much needed moment to highlight the impact of womanhood in the legal profession. The 2023 Profile of the Profession, published by the American Bar Association sheds, light on the experience of women lawyers[1]. Focusing on law firms:
Representation and Leadership: While women represent 39% of the legal profession (up from 33% in 2020) women lawyers are found in greater numbers at lower levels in the law firm hierarchy. Women hold only a small percentage of law firm leadership jobs in 2020 (12% of managing partners, 28% of governance committee members and 27% of practice group leaders). That lack of representation in leadership directly impacts the next two statistics - compensation and wellbeing.
Compensation: In 2020, female associates and female nonequity partners received, on average, 95% of the compensation of their male counterparts. While this is an improvement, data also shows that male and female lawyers begin at roughly equivalent salaries but that the female lawyers earn nearly 40% percent less fifteen years later. Further, among equity partners, women received just 78% of the compensation of men, on average. There were virtually no women among the very highest compensated law firm attorneys in 2020. Only 2% of law firms said their highest-paid attorney is female – and that number actually dropped from 8% in 2005. This issue compounds for black women and other women of color.
Recognition & Advancement: Female lawyers also reported significantly less job satisfaction than men in several important areas. For example, 71% of men said they were satisfied with the recognition they received at work, but only 50% of women said the same. Likewise, 62% of men said they were satisfied with opportunities for advancement at their law firms, but only 45% of women felt the same.
Wellbeing: The above circumstances take a toll on women, professionally and emotionally. Women attorneys have worse wellbeing markers than their male counterparts. 23% of women reported moderate or severe anxiety (compared with 15% of men), 20% of women reported moderate or severe depression (compared with 15% of men) and 34% of women reported hazardous drinking (compared with 25% of men).
While the data shows that women are experiencing greater stressors, the 2023 Profile demonstrates that men and women perceive gender disparities from drastically different perspectives. The majority of men don't see there's a problem. For example, the vast majority of men (88%) said gender diversity is widely acknowledged as a firm priority. Barely half of women (54%) agreed. Nearly 3 out of 4 men (74%) said their law firms successfully retained experienced women. Less than half of women (47%) agreed. In particular:
63% of female lawyers said they had been perceived as less committed to their careers than men (versus 2% of men).
75% of female lawyers said they experienced demeaning comments, stories or joke (versus 8% of men).
82% of women have been mistaken for a lower level employee. This happened to 0% of men.
Sadly, half of all female lawyers (50%) said they experienced unwanted sexual conduct at work, and 25% women said they avoided reporting sexual harassment due to fear of retaliation.
Few people put energy behind issues they don’t believe exist. Studies show men who recognize the unfairness women face are more likely to fight for gender equality. Men's awareness of gender inequality triggered two emotional shifts: a surge of guilt about the unfairness and a reduced fear of potential backlash. This combination then fueled a strong moral conviction to act for gender equality [2]. While negative reinforcement can prompt short term gains, we need positive motivation for the long term transformation this profession needs. We need men to see gender equality through a lens that benefits them as well. So that's why I'm exploring why male lawyers should care about these gender disparities. I'm still doing my research, but here's some initial musings:
(1) Gender inequality negatively impacts men, too. The gender gap is rooted in gender inequality - in addition to devaluing women, it also places rigid and stereotypical gender norms on men [3]. For example, male lawyers also face a great deal of professional stress, but outdated expectations of masculinity (being tough, self-sufficient and unemotional), can prevent them from reaching out for support. This can lead to dangerous coping habits (like alcohol or substance abuse) and neglecting their health, ultimately impacting their lifespan. The 2023 profile noted that male lawyers are somewhat more likely than women lawyers to contemplate suicide.
(2) Gender-diverse teams perform better. Everyone benefits when our organizations are profitable. A 2020 report from McKinsey concluded that teams composed of diverse members financially outperform their non-diverse counterparts by 15%, raising your law firm’s bottom line [4]. This is in part due to client demands for diverse teams [5]. By having more women in leadership roles (department chair or partner level), clients are more likely to see you as a well-rounded law firm and attorneys looking to shift firms are more likely to seek you out. Organizations with inclusive business cultures are actually 58% more likely to improve their reputation.
Although we have far to go, there’s also a lot to celebrate! We’ve come a long way! In 1963, only 4% of first- year law students were female, rising to 20% in 1973, 39% in 1983 and 44% by 1993. From 1950 to 1970, only 3% of all lawyers were women. The percentage increased to 8% in 1980, 20% in 1991 and 29% in 2000. Women have more power than ever before to shape the culture of the legal profession. It’s time we use it!
WELLBEING WEEK IS MAY 6-10, 2024.
How will your organization support lawyer wellbeing?
Karissa Wallace is a wellbeing coach, speaker and trainer. She inspires lawyers to build resilience, sharpen focus, and weave mindfulness into the fabric of their professional lives. Whether virtual or in-person, Karissa delivers a high energy message in an authentic & memorable way. Request a wellbeing workshop for your organization.
REFERENCES + FURTHER READING:
[2] Mazzuca, S., Moscatelli, S., Menegatti, M., & Rubini, M. (2022). Men's reactions to gender inequality in the workplace: From relative deprivation on behalf of women to collective action. Frontiers in psychology, 13, 999750.
[3] The role of men in achieving gender equality, a blog by Stephen Kinloch Pichat, Deputy Resident Representative of the UNDP in Bosnia and Herzegovina
[4] Diversity wins: How inclusion matters. McKinsey & Company Report, May 2020
[5] Power of the Purse: How General Counsel Can Impact Pay Equity for Women Lawyers, ABA Presidential Task Force on Gender Equity and the Commission on Women in the Profession.
Milan Markovic & Gabrielle Plickert, The Gender Pay Gap and High-Achieving Women in the Legal Profession, 47 Law & Soc. Inquiry 1 (2022).
Don’t blame baby: Survey finds most women quit big firms over culture, not family.
