Vic EO & HRC didn't include wymyn baristas in its recent study of women in the law ... Law Council doing its own report, but going in a different direction ... Reports and inquiries aplenty ... Meanwhile, bar has policy meeting on women applying for silk, but only a few knew about it ... Alix Piatek reports
WOMEN at the Vic Bar were surprised to discover that on Feb 12 there had been a meeting of senior people at the local wig 'n' gown club to chew over how to encourage more women members to apply for silk.
"How come I didn't hear about this meeting?" wailed several excluded women.
The impression is that people who were already silks earnestly discussed this depressing Yarraside gender issue.
The Queen of Bar Diversity, Caroline Kirton SC, was quoted as saying:
"We need to give them [female barristers] a tap on the shoulder and say, 'c'mon, it is time for you to start thinking about applying'."
She added that gender bias was a barrier for women gaining experience in "big, long commercial cases".
A tap on the shoulder should fix it.
Never mind the irrelevancy of the lack of women represented on the grill's council. If the blokes at the top don't feel discriminated against, then there can't be a problem.
* * *
CHIEF barmaid Fiona McLeod SC has told the rank and file in a deeply buried missive not to fret about being left out of the Victorian Opportunity and Equal Rights Commission's report The Experiences of Female Lawyers in Victoria.
Wymyn baristas were not included in the study because they are not employed, so the EO & HRC doesn't have jurisdiction.
Nonetheless, the chair said the findings were a matter of concern for the bar, but the Law Council was on the case with another report - a female attrition and engagement study.
So the issues facing women barristers would be given attention.
However, the prez of the LCA, Joe Catanzariti, said:
"It won’t just be a survey about the problems; we all know the problems [facing female practitioners] ... We need to work out what will ultimately retain people."
He added that the large firms are doing a lot of great work in this area.
Catanzariti was head of the workplace section at Clayton Utz when employed solicitor Bridgette Styles was subjected to some unpleasant male harassment.
The LCA study is likely to avoid the erky-perky issues of discrimination, harassment, boyo cultural issues at the bar, and instead focus on "engagement".
More reports, studies and inquiries. Déjà Vu all over again.
The experience of women from whom we've had feedback is that there is an ingrained misogynistic, sexist and homophobic culture at the bar, which no one in the senior ranks wants to acknowledge.
* * *
MEANWHILE, the NSW Law Society see itself as a "thought leader" and one of the areas where it seeks to think and lead is in the "discussion, raising awareness and changing behaviours" for the advancement of wymyn in the legal caper.
In 2011, under the baton of then prez Westgarth, the society produced a massive report on this topic.
It seemed to be similar to earlier reports on the same thing, with the same troubling observations and the same recommendations.
It's safe to say that despite the best intentions and the lengthiest reports, the landscape for wymyn-in-the-law has not appreciably altered.
* * *
THE main findings by the Victorian EO & HRC are:
- Forty percent of survey respondents have experienced discrimination while working as a lawyer or a legal trainee.
- Of those, 42 percent believed the behaviour was part of an accepted culture within the workplace.
- Nearly 24 percent have experienced sexual harassment at work from harassers in more senior positions - suggestive comments, intrusive questions or physical appearance, or engage in unwanted touching or leering.
- Sixth-three percent of sexual harassment incidents occurred within the first 12 months of being in the workplace.
- Two-thirds of those who were harassed did not complain for fear of being ostracised or not having their concerns dealt with properly.
Somehow, somewhere, we've seen before the recommendations about how this should be handled:
- An open commitment by senior management to promote gender equality within the workplace.
- Actively promoting career development of women in senior positions.
- Considering the implementation of targeted leadership workshops on the benefits of diverse and flexible work practices to commence workplace cultural change.
- Practice support to organisations in the form of information and resources on return to work planning and sexual harassment and discrimination training.
Little wonder the LCA doesn't want to go there again.
See also, The bar's up