A lack of transparency on the part of law firms and employers regarding compensation is among the identified factors that contribute to the pay gap for lawyers, according to a CBA pay equity report outlining the results of a roundtable held by the association's Women Lawyers Forum.
“Both the lack of transparency and the hesitancy to discuss compensation are barriers to identifying pay discrepancies in the practice of law,” reads the report, released to mark International Women’s Day. “This, in turn, undermines and prevents accountability for ensuring fair and equitable remuneration.”
“As pay inequity continues to be a major issue for Canadian working women, we think that understanding lawyers’ perceptions and views on pay inequity is crucial to assist legal workplaces to address any gender pay gap that exists,” said CBA WLF chair Carly Romanow. “The data gathered will help us inform our future advocacy and, we hope, support others in their pursuit of pay equity in the legal profession.”
Also emerging from the report are issues to do with the equitable allocation of files, and non-billable contributions. What’s more “[m]any women lawyers feel “penalized” for their biological capability to bear children, whether they are pregnant or even intend to become pregnant.”
Among the recommendations included in the report is a call for legal workplaces to evaluate compensation models through a diversity, equity and inclusion lens, and to critically consider any confidentiality policies applicable to compensation from an equity perspective. It also encourages legal professionals who become parents to take parental leave regardless of gender or family circumstances.
The report outlines the results of a roundtable on pay equity in the legal profession held by the CBA Women Lawyers Forum in Spring 2021. It follows the Partner Compensation Survey Report that was published in October 2020.
The goal of the latest roundtable was to gather qualitative data on Canadian lawyers’ experiences, perceptions, and opinions about gender and pay equity in the legal profession.
Pay inequity is a longstanding issue for Canadian working women in general. While there are no quantitative studies in Canada, studies in other countries and qualitative information in Canada show that a pay gap exists for women in the legal profession. Though there was evidence of some improvement in pay equity challenges in the legal profession, information and views expressed by roundtable participants revealed common experiences, supporting other evidence that pay inequity and a gender pay gap is persistent in the legal profession in Canada.
“The Canadian Bar Association has made a commitment to cultivating an equitable, diverse and inclusive professional community,” said CBA President Stephen Rotstein. “As we strive to achieve pay equity, I want to praise the work done by the Women Lawyers Forum to help accelerate the change.”
The qualitative data gathered in the report will be discussed further in a webinar that will be held in Spring 2022 as part of the CBA EDI Series. The webinar Achieving Pay Equity in the Legal Profession and Beyond: Practical Steps Forward will give an overview of the report and will share practical solutions for how to address this issue
The majority makes a critical shift in rejecting the parental intention test, which observers say has long failed women, especially migrants, fleeing violence
As businesses emphasize their Canadian operations or aspects of production that happen here, consumers are left trying to navigate a confusing barrage of labels and banners
