The drop in sexual harassment incidents shows that the profession is changing for the better
The New Zealand Law Society (NZLS) has released the results of a recent survey showing encouraging signs of progress in addressing workplace harassment within the legal profession.
In 2018, NZLS commissioned Kantar Public to undertake a workplace environment survey following accusations of sexual harassment at some law firm events and the launch of the #metoo movement. The action points from the 2018 survey led to the July 2021 amendments to the Lawyers and Conveyances Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) to specifically refer to bullying, discrimination and harassment and introduce a designated lawyer regime for each law practice with responsibilities to report conduct.
NZLS once again commissioned Kantar Public to produce the 2023 Workplace Environment Survey, which was undertaken to follow up on the 2018 survey and establish any behavioural changes in the legal workplace environment since then.
NZLS chief executive Katie Rusbatch said, “These survey results provide important insights into the key issue of workplace safety and culture. It is encouraging to see some signs of progress, although the survey shows there’s still a lot more work to do.”
The survey shows that lawyers who have been sexually harassed in the last five years are much less likely to feel the behaviour was ‘common’ in their workplace at the time of the harassment – from 23% in 2018 to 12% in 2023. The drop is bigger for medium-large law firms. Over the last five years, the proportion of lawyers who have encountered sexual harassment as a bystander has dropped nine percentage points to 19%.
Rusbatch expressed optimism about the positive trends but acknowledged the need for continued efforts. Rusbatch said that while the drop in incidents of sexual harassment provides further signs that the profession is changing for the better, there is still a reluctance to seek support and speak up about unacceptable behaviour.
NZLS said it is committed to eliminating the culture of bullying, harassment and discrimination in some parts of the legal profession. Bullying remains a common experience in the legal community. Half of the respondents have experienced bullying in a legal setting in their lifetime. However, the number of lawyers experiencing bullying in the last six months has decreased from 21% in 2018 to 17% in 2023.
The survey results also demonstrate that eleven per cent of the legal community has experienced some form of employment discrimination in the last five years. Gender, age and ethnicity dominate this area, with a disproportionately high representation amongst Pacific peoples.
The NZLS is working to provide representative services to its members, especially in lawyer wellbeing. “As a regulator, we’re aware that if left unaddressed, poor wellbeing can flow into disciplinary issues,” Rusbatch said. “We’d prefer to prevent those outcomes, and I encourage lawyers to take advantage of the Law Society’s Practising Well initiatives.”
The NZLS has a dedicated LawCare 0800 phone line (0800 0800 28), a confidential point of contact for lawyers and law firm employees who have experienced, witnessed, or been affected by sexual assault, sexual harassment, or other unacceptable behaviour.
The survey had a 15% response rate from a sample of 2,355 individuals, comprising lawyers and non-lawyers. The results are expected to guide further improvements and interventions in the legal workplace environment.
