Bar News - February 18, 2005
Opinions: Does the NHBA Need a Gender Equality Committee?
By: Brad D. Seggie
Last year, the Gender Equality Committee of the New Hampshire Bar Association sent out a "One Minute Survey," asking a variety of questions concerning the impact of gender on the practice of law in New Hampshire. The responses we received were quite varied. Many New Hampshire attorneys believe that there are serious problems with gender discrimination, while some expressed the view that there are no problems at all. In fact, a few were disturbed by the very existence of a Gender Equality Committee at the New Hampshire Bar Association. After reviewing the results of the survey, the Committee thought it would be useful to clear up some misunderstandings about its role and purpose.
A common question is: Does the NHBA need a committee to examine gender issues? "Why," some ask, "can't these issues be addressed by the Women's Bar Association?" There are a number of reasons why the Women's Bar should not handle such issues. First, the NHBA should have its own voice on gender equality, rather than relying on a separate organization. Moreover, although issues of equality may have a disproportionate impact on women, equal opportunity should be a concern of the entire bar. Finally, the scope of the Gender Equality Committee covers more than women's issues, including such issues as discrimination based on sexual orientation. The Committee's purpose is to ensure fairness and fair treatment for every member of the Bar.
The Gender Equality Committee is concerned not only with traditional issues of discrimination, but also with barriers that prevent female attorneys from having the same opportunities as male attorneys. One area of concern is the balance between work and family life. Many new mothers choose to leave the full-time practice of law in order to be the primary caretaker for their children. A legal environment that does not allow parents the flexibility to balance work and family life will produce fewer female attorneys at the highest levels of practice.
To their credit, law firms are increasingly open to allowing female attorneys to work part-time. However, many firms are less receptive to male attorneys making that same choice. When policies and firm culture are accommodating to female attorneys who wish to be the primary caretakers for their children, but deny the same opportunities to male attorneys, it perpetuates an environment that encourages women to sacrifice their career goals for their families. This is an area that the Committee is studying and believes can be improved upon by raising awareness.
Even in the realm of blatant discrimination against women, there remains room for improvement. Although many respondents to the One Minute Survey said that sexual discrimination is no longer an issue in New Hampshire, there were a number of responses which demonstrate that problems still remain. Female attorneys report male attorneys and judges mistaking them for clients, court reporters, paralegals, or administrative assistants - even when female attorneys are dressed in suits. Comments of a sexual nature, often approaching harassment, were also reported. A more thorough treatment of the survey results is forthcoming; suffice it to say that discrimination is an ongoing problem for the New Hampshire Bar.
Great strides have been made in gender equality over recent decades, but that progress shouldn't blind us to the problems that still remain. Our profession should not be satisfied with simply going beyond where we were in the past, but should strive to achieve a playing field that is fair to all attorneys. We want to extend an invitation to all members of the Bar to consider joining the Gender Equality Committee, and to ask you for any suggestions you might have to improve gender equality for New Hampshire attorneys.
Brad Seggie is a member of the NHBA Gender Equality Committee. He practices with the law firm of Getman, Stacey, Schulthess & Steere.
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