The Courtroom: A Male-Eat-Male World
Gender discrimination in the workplace is something that our society has been gradually (albeit slowly at times) working to achieve. Some say we’re almost there; some say we’re already there.
I’ll admit, I thought we were pretty close to achieving equality of the sexes. In fact, I rarely feel discriminated against in the workplace as a woman. However, my view of gender driscrimation was flipped when I realised the subtle ways it manifests in certain industries, in certain roles.
A barrister’s assistant was the role that opened by eyes. I worked in a relatively small chambers - 14 Junior Barristers and 1 Queen’s Counsel. Of the 15 barristers, only two were women. This in itself didn’t raise any alarm bells for me (although maybe it should have), as everyone who worked in the chambers was respectful to each other.
Maternity leave was what shocked me the most. As a defence barrister, you are self-employed, meaning you can come and go as you wish - however, this may be at the expense of clients.
When a woman departed the workplace to have a baby, we were made to never tell those who rang for her that she was on maternity leave. Why? Because this would risk the loss of clientele.
“She’s dealing with a pressing matter,” we would inform callers. Then, after 8 weeks, she would return, as if nothing had happened. As if she didn’t just bring another life into the planet.
Last year’s New South Wales Bar Association Statistics gave insight to the fact that female barristers are rarely seen or heard in Australian courts. In News South Wales, 76.64 per-cent of barristers are male, with females making up less than 25 per-cent of the state’s barristers. According to an Australian Bar Association report, these numbers are quite uniform across the country.
Whilst I’m not an expert on solving this matter - I believe it’s important to reflect on a few things about this issue. Whether you want to have children or not, it is important to reflect on the fact of the subtle ways in which men still have the upperhand in the workplace. Men - be mindful of your privilege, and always treat your female colleagues with respect and equality. Women - keep chasing those goals, whatever they may be. The women I’ve mentioned above are truly paving the way for our success.
Article written by Hannah (Burstow) Dowden
This article appeared in the Torts Illustrated I Object (2019) Publication