The Glass Ceiling Reinforced: Ten Years Later - Pay Disparity Continues
| Jurisdiction | New Hampshire,United States |
| Citation | Vol. 51 No. 1 Pg. 0060 |
| Pages | 0060 |
| Publication year | 2010 |
2010 Summer, Pg. 60. The Glass Ceiling Reinforced: Ten Years Later - Pay Disparity Continues
Volume 51, No. 1
Summer 2010
This article addresses the continuing disparities in compensation and advancement between men and women attorneys as evidenced in the 2009 Gender Equality Survey. The goal of this article is to examine the 2009 survey results in light of the sources of pay disparities between male and female attorneys in New Hampshire, and to suggest ways in which all attorneys, female and male, can work to change the status quo.
The 2009 survey is the second measurement milestone since the original 1988 Report of the New Hampshire Task Force on Women in the Bar. 29 N.H.B.J. 4, 213 (Summer I988). In a prior article in conjunction with the 1998 Gender Equality Survey, Exploring the Role Gender Plays in Attorney Compensation and Advancement in New Hampshire: What is Holding the Glass Ceiling In Place? 39 N.H.B.J. 1, 118 (March 1998), one of our authors explored some of the possible reasons for the wage gap between male and female attorneys and made recommendations for change. While some individual law firms, corporations and other organizations have embraced the recommendations of the 1988 report and the 1998 study to start bringing women attorneys' compensation and advancement in line with their male counterparts, the 2009 survey reveals a disappointing prevalence of the status quo.
The continuing wage gap between male and female lawyers has been studied by groups across the country, and numerous organizations have provided information, statistics and recommendations, including policy changes than can be made at all levels. The 2009 survey results suggest that the reasons for this continuing disparity are numerous and complex. Nevertheless, it is clear that change will not occur quickly, and must be addressed at multiple levels.
It appears that compensation disparity and barriers to advancement for women will continue, and will likely become the subject of lawsuits or mandatory legislation, if employers of lawyers do not begin to address the continuing disparities revealed in these surveys and more closely examine the reasons for them.
WHY HAS THE WAGE GAR PERSISTED?
The results of the 2009 survey, which was modeled on the 1998 survey, suggest that the wage gap has not narrowed substantially in ten years. Despite the fact that women enter law schools in nearly the same numbers as men,(fn1) and despite the fact that starting salaries for first-year associates are generally the same for male and female attorneys at most law firms, a definitive wage gap can be seen in both starting salaries and annual salaries. The 2009 survey shows that, as in the 1998 survey, men and women with less than ten years experience earn roughly the same starting salary in their first job.(fn2) In terms of annual earnings, however, it is clear that women are more likely to be stuck in the five-figure salary bracket than men.(fn3) This is also true when the number of years of practice is taken into account, with men in practice 6-13 years being more likely than women with the same number of years in practice to earn six figures.
What are the reasons for this continuing disparity in earnings? It is impossible to point to one source, but the 2009 survey reveals several trends that, when examined together, may explain why women attorneys in New Hampshire tend to earn less than men over the course of their careers.
First, the legal work product of male attorneys is typically billed at a higher rate than female attorneys. The 2009 survey shows that the average hourly billing rate for men is $225 per hour, while the average rate for women is $190 per hour.(fn4) A similar trend is seen with attorneys who have children; male attorneys with one or more children report an average billing rate of $239 per hour, while women with one or more children report an average billing rate of $206 per hour.(fn5)
This disparity in billing rates may reflect the fact that women attorneys are more likely to choose practice areas that historically bill at lower rates. It also reflects the fact that more men attain the level of equity or non-equity partner at law firms. Among attorneys with ten or more years in practice at organizations with ten or more attorneys, 82.9 percent of male respondents report being either an equity or non-equity partner, while only 60 percent of female respondents have attained the same status.(fn6)
Women attorneys are also more likely to interrupt their legal careers to take time off to have or raise children. This was true for 61.8 percent of the female respondents to the 2009 Survey, while only 16.4 percent of male attorneys reported taking similar leave.(fn7) When respondents were asked whether they felt they had been passed over for a work assignment or business opportunity because of an assumption that their participation would be limited by family commitments, far more women than men reported this to be true, particularly for those with 11 or more years of practice.(fn8)
Perhaps the most significant result shown in the 2009 Survey is that women attorneys in New Hampshire are pessimistic about their opportunities for career advancement. The survey results show that men are generally...
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