Devil’s Advocate
Quotas:
Should there be Mandatory Diversity Quotas to Tackle Gender Inequality in the Legal Profession?
For
Olivia Tabbernal
G
ender equality, or the lack thereof, is undoubtedly a lingering issue in the legal profession that requires addressing. The rate of women entering the profession has increased, with women representing over 50% of the total employees in law practices in New South Wales (NSW) in June 2020. However, systemic issues remain. The gender wage gap still persists, and women continue to be under-represented in senior roles and board positions. For example, only 32% of principals of NSW law practices are women as of June 2020. In order to stimulate gender equality, diversity quotas should be implemented in the legal profession. Although often considered a temporary tool that may ultimately become redundant, diversity quotas provide a valuable step in the right direction.
Swift Solution & Expansion of Talent Pool The establishment of quotas often involves setting penalties for non-compliance. Therefore, quotas can help achieve gender equality in shorter timeframes, as firms aim to avoid any form of punishment. For example, Norway imposed a 40% minimum quota Ed.3 2020
for publicly listed companies in 2006. Within two years of this, Norwegian companies were found to be exceeding the quota. Further, imposition of diversity quotas has the effect of increasing the talent pool as it can force firms to conduct a wider search for candidates. This, combined with the effectiveness and quick impact of quotas means that female representation in the legal profession can increase substantially. This can also assist women in breaking the ‘glass ceiling’, overcoming stereotypes and biases, and securing higher roles in legal organisations. Questionable Nature of Merit-Based Promotions in a Male-dominated Profession In theory, merit-based promotion seeks to eliminate bias and sexism. It focuses on promoting or appointing an individual based on their intellect and talent. However, in practice, merit-based promotion is questionable. Law firm culture is entrenched with male dominance, which has the effect of adversely impacting the career progression of women. ‘Merit’ is often determined within a culture where male leaders thebrief.muls.org | 11
