#BiasCorrect #EachforEqual

On a recent panel discussion organised by the Legal Diversity & Inclusion Alliance in Brussels, I was asked for my views on whether law firms are meritocracies or whether that's a myth given that their systems and cultures have largely been designed and dominated by men. I thought I'd share my reflections that go beyond the law firm world. 

Women make up just over half of the general population, of law school graduates, and of junior lawyer intake at many large law firms. Until recently, they've made up roughly 15% of most equity partnerships and, after a decade of dedicated D&I efforts, those numbers are edging up to the 20-30% threshold. The same pattern is observed at the upper echelons of the corporate world - in the C-suite and at Board level in those countries where quotas don't apply.

It's a platitude to suggest that these statistics are the result of an objective meritocracy in operation. They are the result of systems that served our societies in the 20th century and that require structural overall to adjust to today's cultural and demographic shifts. 

At the core of the problem is unconscious bias. 

Let's be clear - none of us is gender blind. We all are prey to hardwired inherent biases however uncomfortable that is to admit. From birth, we are bombarded with what it means to be a boy or a girl and we carry many of the deep-rooted stereotypes with us through our adult working lives.  

Some studies I've read suggest that women are generally marked down by about 15% as the result of unconscious gender bias (which is not the only bias many women face). Correcting for that inherent discount as a matter of course would go a long way to better outcomes. Absent such a systemic fix - or better still - in addition to it, we all need to recognise that there are gender differences and to consciously challenge hardwired assumptions that one is "best" or "better" in any given professional or social context.

I venture to suggest that there are things that women, men and organisations need to do differently if we are to unleash our full potential and create truly inclusive organisations where everyone feels they belong and can flourish.

Things that Women Can Get Better At

 For most of their careers, many women tend to assume that if they work hard and do well, their efforts will be noticed and rewarded, without them having to be pushy about it. As a strategy, that hasn't worked so well for us!

 There are two tactics, closely interlinked, that can help if consciously addressed. 

 Accept that women have to navigate the "double bind". Excellent research from Catalyst, a leading organisation dedicated to enhancing women's progress in the workplace, posits that women acting in accordance with female stereotypes are perceived as less competent leaders. Conversely, women acting outside of female stereotypes are evaluated by stricter competency standards, receive lower rewards and - the cherry on the cake - are viewed as being less likeable. Is it fair? No. But there is no simple solution to this deep-rooted unconscious bias. Awareness is a start. Strategies to counterbalance it are essential. I've come to realise that women need to spend more time in building relationships and showing who they really are in order for others to have confidence in them as leaders. In my experience, that work is never done. 

Take more risks. Women need encouragement to take risks and to be more competitive even if it takes us outside our comfort zones (because of the double bind?). It starts with being clear on what you want and ensuring that you get the information you need to follow your ambitions. It includes experimenting with ways in which to assert yourself. I recommend Herminia Ibarra's book "Act Like a Leader, Think Like a Leader". She urges us not to overthink change or be paralysed into inaction unless and until we have the perfect roadmap to change. People change their minds (literally their neurological pathways) by first changing their behaviour. We increase our self-knowledge in the process of making changes. So start by doing. Reflect on the experience and adjust accordingly. This is important advice. Research shows that the average woman is less competitive than the average man and this difference translates to material gaps in terms of earnings and promotions.

Things that Men and Organisations Can Get Better At

We need more men to be true champions of inclusion - to see it as a competitive advantage rather than reverse discrimination. I recommend Michael Kimmel's entertaining TedTalk on why gender equality is not a zero-sum game but a win-win for everyone: https://www.ted.com/talks/michael_kimmel_why_gender_equality_is_good_for_everyone_men_included?language=en. 

We need more male role models who are public about working flexibly, taking full paternity leave entitlements, calling out and challenging inappropriate behaviour, sponsoring female talent at a senior level, and openly acknowledging the existence and cost of unconscious bias.  

Organisations need to build checks and balances into their talent and compensation systems to identify and correct for unconscious bias. That means widening the pools from which talent is recruited at all levels of the organisation. It means making paternity leave compulsory. It means ensuring job openings are drafted in ways that will not be off putting to women and minority applicants. It means looking at work allocation practices, mobility schemes and flexible work arrangements… 

Besides these sorts of systems improvements, what we really need is the courage to have a candid conversation about our corporate cultures. We need to shift law firm culture from rigid hierarchies of partners/non-partners, fee earners/non-fee earners and create highly collaborative spaces that allow us to take full advantage of very different skill sets to foster more experimentation, risk taking and creativity. This is not "soft stuff", it's business critical. 

A high performance culture requires high levels of cognitive diversity and psychological safety. We need to foster cultures that allow men to feel that they can be open about their own needs, to show vulnerability and (sometimes) more humility. Catalyst has recently published an interesting piece on "5 Ways Every Man Can Challenge the Toxic Culture of Masculinity". It makes clear that masculinity is not toxic, but rather the mainstream culture of masculinity that comes with a rigid and narrow set of expectations and perceptions of "manly" behaviour. It seems that the status quo is not optimal for any of us. 

I will close with a quote from Chimamanda Ngozi Adichie's wonderful essay "We Should All be Feminists": Culture does not make people. People make culture. If it is true that the full humanity of women is not our culture, then we can and must make it our culture. We have work to do!

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