Inequality in the legal environment of England and Wales

One of the beauties of becoming a Barrister or lawyer is the fact that you have a whole wealth of knowledge at your finger tips which ordinary lay men would not have. This inevitably puts someone in a position of power. As we have progressed swiftly into the 21st century, sex discrimination at work has become something of a myth. Unfortunately, I am saddened to admit that this does not seem to be the case in the legal environment of England and Wales. http://www.lawgazette.co.uk/news/research-reveals-diversity-concerns

In three reports published by the Law Society this week, it was concluded that female lawyers working in the legal field in England and Wales are facing numerous challenges. Even more worrying is the fact that such difficulties are being faced by females from ethnic minority backgrounds as well as homosexual males and females.

In order to establish why there is a problem in the first place, it is vital that one analyses the source of it. It has been alleged from one of the research papers that one of the key reasons why female lawyers face difficulties in the work place is due to the working environment of law firms. In essence, law firms are dominated by males who have an unfavourable business culture which renders women laywers to feel inferior. This is best illustrated by the fact that female lawyers are unable to work long hours due to family commitments. As women are often fairly new and in the minority in these firms, there is only so much they can to express their discontentment. After all, if a law firm has a particular work ethic which has been in place for generations, who are you as a 'newbie' to question this? Especially as a woman. This you may think, is a violation of EU sex discrimination law and this is correct. Even more worrying, it is a violation of the Human Rights Act 1998 but why is nothing being done about this?

Therefore, it is clear that discrimination exists in the legal environment of this country. Discrimination takes place in many forms; direct and indirect. The Law Gazette stresses that direct discrimination seems to be more of a problem for women since they are often ridiculed or called names if they try to embrace male behaviour rather than a more docile approach in their work. How can the Law Society allow this?

Unfortunately the problem does not end here. Another research by the Law Society revealed that women of minority backgrounds are forced to take cases that were poorly paid (for example, legal aid and immigration).  However, white females were taking higher paid cases in the commercial field.  This is, clearly, racism at it's best.

With regards to homosexuals, the problem is not as adverse as it is for women of ethnic minorities. Although some relatively older firms have embraced gays and lesbians in their workforce, this does not mean that they are not discriminated against. Clients of such reputable firms are investing a lot of money in order to get the highest standard of service and with that, they have the discretion to refuse a gay or a lesbian working on their case. As unfair as it may seem, I cannot help but wonder whether such a behaviour is more acceptable just because such clients are 'indespensible' to such legal firms. So, my thought is, where does one draw line between acceptable discrimination or unacceptable discrimination? Is there such a thing? Does money really dictate this and if so, is the power of money and status more than that of the law? Clearly, according to s.1 of Race Relations Act 1976,  ss 4, 6 and 10 of the  Employment (Sex Discrimination)  Act 2000 and Article 141 EC, the disadvantaged women have a right to seek legal action. However, will they go through such lengths to fight the 'unfair' system in placeand put their careers and reputation in jeopardy or just accept it? Ultimately, the fact that the Law Society has recognised that such problems exist we can rest assured that something will be done to improve the situation. However, despite the laws that are already in place to prevent such problems from arising I am somewhat apprehensive on what the Law Society will propose to do to eliminate discrimination in the legal world. If you think of it, if the existing laws were effective, such issues would not be a challenge for women and homosexuals in the legal world. Time will tell.


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http://www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/discriminationonthegroundsofsexualorientation.htm

http://www.thompsons.law.co.uk/ltext/l0850001.htm