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Dealing with discrimination missing piece of the puzzle for advancement of women in law

According to the Law Society of New South Wales, workplaces need to wise up in the ways they deal with complaints of harassment and bullying.

user iconMelissa Coade 04 December 2017 The Bar
piece of the puzzle for advancement of women in law
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The issue of retaining talent in law, especially women lawyers, relies on workplaces that are committed to dealing with discrimination.

That is the message of Law Society of NSW president Pauline Wright, who last week urged employers to ensure that their organisations do not “tacitly permit or tolerate a culture of sexism, harassment or bullying”.

The appeal to properly address discrimination in the profession comes over a year after the launch of the Law Society’s Charter for the Advancement of Women. Since it was launched in October 2016, the initiative has received the support of 179 signatories.

The charter was established to promote and support strategies to retain women in the legal profession.

“Power imbalances in the workplace can make reporting concerns or incidents difficult,” Ms Wright said.

“Women can face further trauma when their complaint is dismissed, rejected or disbelieved.”

Ms Wright underscored the importance of bosses nurturing a culture of openness and safety, where people felt supported in raising their concerns or making a complaint. While the introduction of formal strategies and processes were important key steps, the Law Society president added that those measures were not enough on their own.

A panel of eminent women leaders in law discussed similar challenges that the legal profession had to overcome before it could claim there was true equal opportunity for both men and women.

The conversation was timely following salacious allegations in October that Sydney barrister Charles Waterstreet sexually harassed a 21-year-old law student employed as a paralegal in his chambers. Mr Waterstreet strenuously denied the claims of lewd and inappropriate conduct against Sydney law student Tina Huang and published a statement defending his position in the Sydney Morning Herald.

Ms Wright suggested that properly dealing with discrimination in the legal profession was a crucial component of any strategy to attract and retain talented female staff.

“Some women may not even recognise when they have been sexually harassed, perceiving it only to involve physical acts such as unwanted touching rather than other offensive, humiliating or intimidating behaviour including staring, suggestive comments, unwanted invitations or intrusive questions,” she said.

Comments (4)
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    The Law Society needs to look to the conduct of its own departments first off before it issues these types of statements.
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    Harassment & bullying occur, but after 27 years in law it is my observation that the real issue is sexism. The women I graduated with are mostly no longer practising, or in-house or part-time. The men are partners and barristers. Many of the women got tired of constantly seeing men promoted and getting better work, despite having Less experience/ability and billing less. It eventually wears you down. Ask any male silk to name good solicitors/ juniors, and see how many women they name: some luddites actively dislike women being in the profession at all, and others will simply not think of women when choosing a barrister or junior counsel, because they see their colleagues as male, a younger version of them.
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      Not mutually exclusive, in my view. Are you saying harassment is not sexist?
      0
      • Avatar
        I think Carmine's point is that the more subtle forms of sexism/discrimination are to blame (ie subconscious or conscious bias in hiring and promotion, etc), rather than necessarily outright harassment and bullying. I imagine most sexist men in the law are canny enough to not openly declare their views.
        2
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