Polciy on Gender Quotas

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policy on gender quotas

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BackgroundInterest for increasing the number of women on boards and other key positions has increased due to calls from those who advocate for greater gender equality. Furthermore evidence that firms whose boards have a greater number of female directors, are more likely to outperform those whose boards are not as gender diverse has also increased interest in increasing female participation rates in the board room.[footnoteRef:1] In 2010 ASX introduced changes to its Corporate Governance Principles and Recommendations on the reporting of diversity. These measures were aimed at increasing the number of female board directors. These recommendations require all companies listed on the ASX to as of 1 January 2011 to adopt and disclose a diversity policy, establish measurable objectives for achieving gender diversity and assess annually both the objectives and progress towards achievement, disclose in annual reports the measureable objectives for achieving gender diversity and progress towards achieving them and the proportion of women employees in the whole organisation, senior executive positions and on the board, and the mix of skills and diversity for which the board is looking to achieve in membership of the board.[footnoteRef:2] [1: Nilofer Merchant, Quotas for Women on Boards are Wrong, Harvard Business Review 24 May 2013 ] [2: Deloitte, Women in the Boardroom < http://www.deloitte.com/assets/Dcom-Tanzania/Local%20Assets/Documents/Deloitte%20Article_Women%20in%20the%20boardroom.pdf>]

However subsequent reports since the implementation of the policy began has shown a very modest increase in the number of women directorships from 8.7% in 2010 to 10.9%. Furthermore the number of female board directors has risen by only 0.2% between 2002 and 2010.[footnoteRef:3] [3: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 15 ]

Policy Solution The percentage of female representatives in the board room and other senior line management positions which is considered an important means of getting (256 words)experience for board room positions is still very low and is increasing at a slow pace.[footnoteRef:4] As a result there have been calls for quotas from organisations such as the Australian Human Rights Commission which in its 2010 Gender Equality Blueprint report recommended that a minimum target of 40 precent for each gender should be set for all Australian government boards, senior ranks of public service, companies providing goods and services to the Australian government and publicly listed companies in Australia.[footnoteRef:5] This report will examine the arguments for and against such a policy. [4: Corporations and Markets Advisory Committee, Diversity of Boards of Directors (Report, Corporations and Markets Advisory Committee, 2009) 27 ] [5: Elizabeth Broderick, Cassandra Goldie and Elena Rosenman, 2010 Gender Equality Blueprint (2010) Australian Human Rights Commission < http://www.humanrights.gov.au/sites/default/files/document/publication/Gender_Equality_Blueprint.pdf>]

Analysis of the solution

Arguments against

Companies may circumvent the requirementsOne argument that has been presented is that if the reason for such low or no female representation on boards is due to bias against the abilities of female directors, introducing quotas would not create a real culture change. Without such a change organisations, which have this mindset, would merely have the important discussions, in arenas other than the boardroom where female directors who were appointed by quota are not present such as through pre meeting dinners, calls or golf.[footnoteRef:6] It is argued that if change is forced it will often be rejected.[footnoteRef:7] [6: Nilofer Merchant, Quotas for Women on Boards are Wrong, Harvard Business Review 24 May 2013 ] [7: Nilofer Merchant, Quotas for Women on Boards are Wrong, Harvard Business Review 24 May 2013 ]

(197 Words)Lack of qualified female candidatesIt is argued that there is a lack of qualified women to hold board director positions in Australian and that the imposition of quotas will mean that the industry may have to promote women who are less qualified then their male counterparts. This argument may well hold water as available data shows the number of women in executive key management line roles is 4.1 precent.[footnoteRef:8] The lack of available female candidates was also provided as an explanation for why diversity recommendations of ASX were not by some firms.[footnoteRef:9] In Norway which has mandatory quotas set reported a a drop in the average age of board members dropped by 8 years and women who were appointed after the legislation took place had less experience than women who were appointed prior to legislation taking effect and other male board members.[footnoteRef:10] [8: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 15 ] [9: KPMG, ASX Corporate Governance Council Principles and Recommendations on Diversity: Analysis of Disclosures for Financial Years ended between 21 Dec 2011 and 30 December 2012 (Australian Securities Exchange, 2013) 29.] [10: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 25 ]

May lead to female board candidates facing issues of validity While there is no limited research available on the issue of candidates appointed by quota there is research available for similar types of appointments through policies such as affirmative action in the United States. Candidates who are appointed on this basis are often viewed as less competent and deserving and candidates who are hired on this basis often feel marginalised, less deserving, and perform poorly compared to women hired on a merit basis.[footnoteRef:11] [11: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 5, 23 ]

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Arguments for Ineffective current practicesCurrent practices of hiring board directors does not promote gender diversityThere are some indications that the predominant practice when appointing new board members is to look to those who are already board members.[footnoteRef:12] As there are few female board members this practice has undoubtedly constrained the number of female candidates available. It is argued that quotas will force firms to work harder and look outside their traditional pools for candidates who may be suitable. [12: Corporations and Markets Advisory Committee, Diversity of Boards of Directors (Report, Corporations and Markets Advisory Committee, 2009) 7]

Gender based discrimination There are indications that women are still viewed as more suitable for positions as homemakers rather than in the cutthroat atmosphere of the boardroom. An article in Forbes magazine reported that a CEO of a FTSE 100 company cautioned that women might be chewing off more than they could chew by adding a board appointment to an already full work family schedule.[footnoteRef:13] Comments such as these highlight that women are still discriminated against based on biases of female capabilities. Such attitudes are apparent in our everyday culture as well, where the female ideal is equated with traditional gender roles. Where such blatantly sexist attitudes exist it may be hard to change attitudes and significantly increase the number of women in the boardroom at a pace fast enough using the current methods implemented by ASX. It is also important to note that discrimination based on gender may be the result of an unconscious bias. Studies indicate that judgements about merit may be influenced by preconceptions about gender.[footnoteRef:14] [13: Hermina Ibarra, The EUs Boardroom Quota Battle is Over, but Women Cannot Rest Yet, Forbes, 24 May 2013 < http://www.forbes.com/sites/insead/2012/11/19/the-eus-boardroom-quota-battle-is-over-but-women-cannot-yet-rest/>] [14: Cordelia Fine, Status Quota: Do Mandatory Gender Quotas Work (2012) 76 The Monthly < http://www.themonthly.com.au/issue/2012/march/1330562640/cordelia-fine/status-quota>]

(249 words)Where such situations exist quotas would allow women to gain a foothold in the boardroom and thereby challenge and show by example that such biases, both conscious and unconscious, are unjustified. Evidence that Gender quotas work Since 1995 the United Nations has had a target of 30 precent for womens parliamentary representation.[footnoteRef:15] Various countries have implemented this target. In countries such as Norway where the number of female parliamentarians have been mandated the number of female candidates and members have risen in a short time.[footnoteRef:16] At present there is no reliable evidence that quotas have resulted in less effective political representation due to their non-merit basis.[footnoteRef:17] [15: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 20 ] [16: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 20 ] [17: Jennifer Whelan, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School, 20 ]

Other evidence of quotas working include Norways mandatory quota for the percentage of female board members. The quota has not led to a reduction in productivity as many predicted but rather a jump by 4 places in World Competitiveness Yearbook.[footnoteRef:18] [18: Ginka Toegel and Jean-Louis Barsoux, Boards of Directors Need Quotas for Women Bloomberg Businessweek, 24 May 2013, < http://www.businessweek.com/debateroom/archives/2011/02/boards_of_directors_need_quotas_for_women_1.html>]

Furthermore the experience of India, which legislated a mandatory requirement that leadership positions, be reserved for women in randomly selected village councils has been very positive. Today Indian women are more likely to stand and win elected potions that were previously reserved.[footnoteRef:19] It has also improved the perception of (195 Words) [19: Cordelia Fine, Status Quota: Do Mandatory Gender Quotas Work (2012) 76 The Monthly < http://www.themonthly.com.au/issue/2012/march/1330562640/cordelia-fine/status-quota>]

womens leadership abilities. Parental aspirations for their daughters have changed and education gaps narrowed. This collective evidence of countries that have imposed mandatory gender quotas to improve female participation has been largely positive. Evidence that such targets work is a strong argument in their favour.

Recommendation/ Conclusion While the evidence pointing towards the effectiveness of quotas is numerous it is my recommendation that the policy not be implemented at present. This is due to a number of factors such as the fact that the new ASX recommendations have been in place only for a short period of time and adequate time must be given for companies to implement these recommendations before we move on to more drastic solutions. Quotas are likely to polarise opinion and members who are appointed by quotas may not be seen as legitimate, hence where there is scope for firms to bring about increases in female participation rates in the board room through its own initiatives such as the diversity plans developed according to ASX recommendations these schemes should be given preference. This is supported by the fact that the ASX report has indicated that firms largely understand the benefits of having a more diverse board,[footnoteRef:20] and several firms are introducing measures which will have positive long term implications such as training more women and increasing their levels in other senior level positions so that there are good female candidates in the pipeline for board positions.[footnoteRef:21] It is likely that as these pipelines mature we will see more women in the broad room. I would recommend that the implementation of quotas be delayed. And that discussion on this topic should be renewed after reviewing the effectiveness of the current measures. [20: KPMG, ASX Corporate Governance Council Principles and Recommendations on Diversity: Analysis of Disclosures for Financial Years ended between 21 Dec 2011 and 30 December 2012 (Australian Securities Exchange, 2013) 5.] [21: KPMG, ASX Corporate Governance Council Principles and Recommendations on Diversity: Analysis of Disclosures for Financial Years ended between 21 Dec 2011 and 30 December 2012 (Australian Securities Exchange, 2013) 22.]

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Bibliography

Broderick, Elizabeth, Cassandra Goldie and Elena Rosenman, 2010 Gender Equality Blueprint (2010) Australian Human Rights Commission Corporations and Markets Advisory Committee, Diversity of Boards of Directors (Report, Corporations and Markets Advisory Committee, 2009) Deloitte, Women in the Boardroom Fine, Cordelia, Status Quota: Do Mandatory Gender Quotas Work (2012) 76 The Monthly Ibarra, Hermina, The EUs Boardroom Quota Battle is Over, but Women Cannot Rest Yet, Forbes, 24 May 2013 KPMG, ASX Corporate Governance Council Principles and Recommendations on Diversity: Analysis of Disclosures for Financial Years ended between 21 Dec 2011 and 30 December 2012 (Australian Securities Exchange) Merchant, Nilofer, Quotas for Women on Boards are Wrong, Harvard Business Review Toegel, Ginka, and Jean-Louis Barsoux, Boards of Directors Need Quotas for Women Bloomberg Businessweek. Whelan, Jennifer, and Robert Wood, Targets and Quotas for Women in Leadership: A Global Review of Policy, Practice and Psychological Research Melbourne Business School

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