The IP gender gap: post-pandemic lessons
How gender issues are handled tells us a lot about how important diversity and inclusion (D&I) really is for an organisation.
Although it is not the only factor to consider—ethnicity, age, culture, disability and sexual orientation are other areas to analyse—in these post-pandemic days it is useful to review the gender issue in organisations and what changes, if any, have been made.
I shall present here our experience in this field, as a mid-sized IP law firm in Argentina.
Development
The COVID-19 pandemic, and the subsequent boom in remote working from 2020 due to government-introduced quarantines, forced many of us to reorganise our home life in light of this ‘new normal’, particularly for those with children who were stuck at home.
Remote work was imposed on men and women alike, and as a result, work from home was “democratised”: both genders, without distinction, had to adapt.
And now that we are gradually undergoing the return to the office, with face-to-face relationships, remote work is clearly perceived not merely as an exceptional possibility, but rather as a real alternative for both men and women.
“These policies go far beyond what is required by the legal provisions in force in our country, which have become completely antiquated.”
What will private organisations do in view of this democratisation of remote work which was brought about by the pandemic?
The answer to this question certainly goes hand in hand with maternity and paternity policies, which will have to be brought up-to-date accordingly.
Our experience
In our firm we have dealt with the challenge of achieving gender equality in our own way, as we have always thought that there is no difference between men and women in the workplace. The pandemic has not changed this state of affairs.
Indeed, our firm was born during the pandemic (more precisely, on October 15, 2021).
But although technically we are a very new firm, most of us had been working together for more than 20 years and have shared the same values. These were put into practice in the new organisation, right from day one: absolute respect for people who decide to start a family, and the moral certainty that this does not interfere with the professional career of mothers and fathers.
“Remote work was imposed on men and women alike, and as a result, work from home was “democratised”: both genders, without distinction, had to adapt.”
This, in our experience, is ultimately what women value: equal treatment. And this is precisely what makes a place a good one for women to work in.
Consistent with this approach, we have kick-started innovative and flexible policies on maternity and paternity leave, which put both parents on an equal footing following the arrival of a child, as well as identical access to a full-time remote working arrangement or part-time arrangement until the child turns 12.
These policies go far beyond what is required by the legal provisions in force in our country, which have become completely antiquated.
Finally, we have seen time and again that blind hiring is highly appreciated by our associates because it reflects another important value: non-discrimination. Ethnicity, nationality, age, religion, sexual orientation and identity, disability or political opinions are not considered a relevant factor when hiring a new member.
We have never thought in terms of race, gender, religion or any other personal characteristic; instead, we have always made our decisions based purely on the personal and professional skills of each candidate.
Flexibility is key
In short, gender in private organisations is still an issue but the pandemic left us with a lesson: Everyone can work remotely, and rather than be an exception, this form of work can be another valid way to perform—for both men and women.
But this would not really be a change or “democratisation” in the workplace without the right parenting policies, which offer the most certain and direct possibility of organising and guiding the upbringing of a child. They should contemplate not only a period of maternity or paternity leave above and beyond the legal provisions, but also a flexible schedule from that point onwards.
Clearly flexible co-parenting policies must go with this process of change, which no longer depends on government decisions t but on the will of those of us who have the possibility of improving this state of affairs.
Raquel Flanzbaum is a partner at Ojam Bullrich Flanzbaum. She can be contacted at: rflanzbaum@ojambf.com.
Ojam Bullrich Flanzbaum won the Great Place to Work—Women award in 2022 (SMEs ranking), positioning the firm in second place in Argentina, as one of the best places to work for women.
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