Tom Mars on Equality in the Workplace: A Self-Fulfilling Parody
Wal-Mart’s senior counsel, Tom Mars, gave a speech this week on diversity in the company’s legal department. Because Wal-Mart has never had any diversity-related legal issues.
Mars used a “luncheon honoring the winners of the second annual survey of best law firms for women” as a time to showcase Wal-Mart’s gender diversity and commitment to flexible schedules. (The survey also examined the best companies for working mothers, and Wal-Mart didn’t make the list.) The fact that Mars was invited at all seems like an unintentional joke: not only is Wal-Mart currently involved in the largest class action gender discrimination lawsuit in history, but the company’s scheduling policies have also been condemned as bad for working mothers and hard on families.
Mars’ speech reveals a dichotomy within Wal-Mart: store employees and corporate employees are separated by a wide gulf, and different rules, benefits and salaries are applied to each. Women may very well make up a significant part of Wal-Mart’s corporate legal department, as Mars insists, but women working in Wal-Mart’s stores still face discriminatory promotion practices and lower wages than their male counterparts. That’s not something ANY working mother should support.
Law Firms Get Rated on Female Friendliness [New York Times Shifting Careers Blog]
Two weeks ago, on the same day that Lehman filed for bankruptcy protection more than 300 corporate lawyers showed up at the Mandarin Hotel in New York City for a luncheon honoring the winners of the second annual survey of best law firms for women sponsored by Working Mother Magazine and Flex-Time Lawyers. The high attendance in the face of such economic turmoil suggested that work/life issues and the promotion of female lawyers has genuinely become a pressing business issue for the legal industry.
To give context to the survey’s findings, there was a panel discussion moderated by Claire Shipman, senior correspondent for “Good Morning America” that featured Thomas A. Mars, the general counsel of Walmart-Mart Stores, and Richard L. Revesz, the dean of New York University School of Law.
Last year, the big news was the very existence of this survey.
This year, the survey — which bestows the title “best law firms for women” on 50 law firms that meet certain criteria — appears to have become a club many want to join. And why shouldn’t it be? If a firm makes it onto the list, its name appears throughout the current issue of Working Mother Magazine, which happens to be distributed to law firm career planning offices just in time for the fall recruiting season. In an era where law students freely ask firms questions about the number of women being promoted to partner, policies on flexible work schedules, diversity, and general quality of life, surveys like this hold a lot of power.
Though it’s good that law firms are competing for a slot on this list, the survey’s results — and the panel discussion — show that firms still have a long way to go. Law students are divided roughly equally between men and women, yet the percentage of women drops to a mere 16 percent in the equity partnership ranks of law firms nationwide. To put some pressure on law firms to improve this number, this year’s survey asked participating law firms how many female lawyers were promoted to equity partnership positions over the prior five years.
“Revealing the gender gap for women equity partners is critical to demonstrating the relative lack of power and earning potential for women in law firms,” said Deborah Epstein Henry, the president of Flex-Time Lawyers. Among the 50 winning firms in the survey — and remember, these are the top national law firms — the average percentage of female equity partners is still just 19 percent.
Mr. Mars of Wal-Mart used the panel as an opportunity to showcase Wal-Mart’s commitment to diversity, promotion of women and flexibility. He made the case that the company takes these issues seriously. He spoke passionately about moving millions of dollars of business away from law firms that don’t meet Wal-Mart’s standards for diversity and boasted that nearly all of the 165 members of Wal-Mart’s legal department take advantage the company’s flexible work policies in some way. He might have had the best quote of the afternoon, in explaining why lawyers should be able to work virtually and flexibly, when he said, “We’re not running a fire department, we’re running a law department.”
On a less hopeful note, Mr. Revsesz, the N.Y.U. Law School dean told a story about trying to persuade the chairman of a big law firm that as long as lawyers were available to work on client matters late into the evening, it shouldn’t matter whether they are still at their office desks or whether they are working from home after having dinner with their families. Apparently, Mr. Revsesz was unable to make any headway with the law firm partner, even with an example that involved working a 13-hour day.
Progress?
Posted by Alex Goldschmidt on Tuesday, September 30, 2008







COMMENTS
There has been a trend over the past decade for women to become more highly educated then men. Colleges are now seriously worried about the lack of men applying.
If this trend continues, and if firms are forced to hire more women and to promote them because they don’t have any choice, we may see a change in discrimination policies as well.
It doesn’t even have to be deliberate, women just see things differently from men and will make business decisions based upon their experiences and perceptions - especially when it comes to hiring and promotions.
Right now it is only women who “can act like a man” (like Maggie Thatcher in the UK) who make it to the top, but as things shift we may see less aggressive women in charge of things and then, perhaps, we will see a bit less of rash actions - the kind that lead to invasions and over speculation.
This isn’t being sexist, it’s an observed fact that women tend to me more careful when making big decisions.
robertdfeinman in Long Island, NY
Tuesday, September 30 at 02:35 PM
robertdfeinman,
“women just see things differently from men and will make business decisions based upon their experiences and perceptions - especially when it comes to hiring and promotions.”
You forgot one thing, women tend to act more on ‘emotions’, then men do and for the most part will feel ‘sorry’ for people and their situations!!
“This isn’t being sexist, it’s an observed fact that women tend to me more careful when making big decisions.”
On this, I tend to disagree, by watching the men that women tend to hook up with and in some cases marry!! Most women choose men who are just the opposite of the kind that they say they want, thus the high divorce rate!! So, they aren’t very careful when it comes to affairs of the heart!!
RDS in
Tuesday, September 30 at 10:44 PM
You forgot one thing, women tend to act more on ‘emotions’, then men do and for the most part will feel ‘sorry’ for people and their situations!! RDS: ~~~~~~~~~~~~~~~~~
And, like some tenents!! I just had a family who I let fall behind on their rent, because I felt sorry for them, who the city kicked out for ‘too many people in the apartment’,(8 people in a 4 person apartment), and they left, owing over $1,500.00 in back rent and the apartment trashed and it cost me over $4,000.00 in repairs and three months of lost rent ($600.00 a month, utilities paid)!! I could try to sue for damages, but, it’s like the old saying, “You can’t get blood out of a rock”!!
Another old saying goes, “No good turn goes unpunished”!!
RDS in
Saturday, January 26 at 03:05 AM~~~~~~~~~~~~NOTE: Seems that not only women make “emotional” business decisions,eh,RDS?
ddrb in
Tuesday, September 30 at 11:04 PM
ddrb,
“Seems that not only women make “emotional” business decisions,eh,RDS?”
I never said that ONLY women make “emotional” business decisions, but, the decision I made, only affected my family, not the lives of thousands of people, as a CEO or politician would!!
Want to know a secret, the reason there are ‘slumlords’, is because landlords have learned a lesson over time and that lesson is, “Why provide quality apartments to people who are just going to trash them anyhow”, because they learned that “No good deed goes unpunished”!! As for my feeling sorry for that family, be sure that I won’t let that happen again!! And, if someone ‘rents’ a ‘slum’ apartment, it’s because they don’t qualify for a ‘quality’ apartment, just like a person with a ‘low pay’ job, doesn’t qualify for a ‘high pay’ job!!
The lesson I learned, was to supply ‘medium range’ apartments at a ‘reasonable rent rate’!!
RDS in
Wednesday, October 01 at 11:00 AM
RDS:"Why provide quality apartments to people who are just going to trash them anyhow”,`RDS~~~~~~~~~Note:’ Water seeks it’s own level,Bob. If a landlord has “trashy” rentals, they will most likely attract “trashy’ tenents. Low standards attracts like,don’t you agree?
ddrb in
Wednesday, October 01 at 05:13 PM
rds thats like saying someone that shops at wm doesn’t qualify for better made products or better food . Maybe that is your problem ,living life at the low end , cheep trash products and low grade food.
Thats what some people settle for , also low grade spouses .
Yours got the low end of the deal.
JOE in
Wednesday, October 01 at 07:06 PM
JOE: Always LOW expectations.....ALWAYS!
ddrb in
Wednesday, October 01 at 08:59 PM
ddrb,
“Water seeks it’s own level,Bob. If a landlord has “trashy” rentals, they will most likely attract “trashy’ tenents. Low standards attracts like,don’t you agree?”
At first, when I first started renting apartments, we had a motto: “We would not rent an apartment that we wouldn’t live in ourselves”, so we made great effort, to prepare the apartments, with loving care!! Our next concept, was: “That we would charge rents that were in line with what people could afford”, aimed mainly at ‘poorer’ people, giving them a ‘nice’ place to live at a low cost!! As we started renting, we found out, that renters aren’t always as they appear, and when they left, the places were a mess and damaged to a point where it took weeks to get them back up to standards!! Now, while we rent apartments that are places we would be willing to live in ourselves, we have stopped giving them the ‘loving care’ we did before!! Our problem stemmed from our expectation, that the tenents would take care of the place they lived, as if it were their HOME, not some place to trash and move on!! We now have ‘good’ tenents, that take care of the place and are very happy with them!! It’s a learning process!!
JOE,
“rds thats like saying someone that shops at wm doesn’t qualify for better made products or better food . Maybe that is your problem ,living life at the low end , cheep trash products and low grade food.”
First, you have to define “low grade products and low grade food”!! Who are the people who grow ‘low grade’ food? And, what exactly IS a ‘low grade product’? Are you the PRODUCT JUDGE? I believe that each consumer can judge what they believe to be the ‘grade’ of product they NEED!! If you need a hammer, to pound in a nail here an there during the year, do you NEED the ‘highest priced’ hammer available or will a ‘cheaper’ on serve your purpose? As for food, does everyone NEED to eat ‘prime rib or T-bones’ or will chuck steak work for them? If the steaks come from the same cow, what makes one steak ‘high grade’ and the other ‘low grade’? Maybe the reason, that you are not on the top of the list, is because as I said before, “You try to live a champagne lifestyle on a beer budget”!!
“Thats what some people settle for , also low grade spouses....Yours got the low end of the deal.”
If that’s true, why has mine stayed with me for almost 45 years? And, though she may not live in the ‘mansion on the hill’, she has a nice house that’s paid for, a ‘new’ car, money in the bank and we both retired early, can YOU say that your spouse will still be with you after 45 years? And, do you provide a ‘good’ life for your spouse and family? Will you be able to retire at age 59, with your current spending habits?
RDS in
Wednesday, October 01 at 11:12 PM
RDS: Does your wife “su*k”? Is she American?
ddrb in
Thursday, October 02 at 12:20 PM
Does she really have the life she wanted? I doubt it .
LOW EXPECTATIONS , LOW SELF WORTH .
JUST TAKING WHATEVER COMES ALONG .
I SEE HER AROUND THE IN LAWS TABLE , THEY ALL ASK ( WHAT DID YOU DO )
JOE in
Thursday, October 02 at 05:35 PM
ddrb,
“RDS: Does your wife “su*k”? Is she American?”
No, she doesn’t su*k, she is a ‘great’ wife!! And, while she is an American, she is not a ‘feminist’, she believes in the old fashioned concept of husband and wife working together as a couple, not as individuals!!
JOE,
“Does she really have the life she wanted? I doubt it.”
If she didn’t, she would have called it quits years ago!!
“LOW EXPECTATIONS , LOW SELF WORTH .
JUST TAKING WHATEVER COMES ALONG .”
That sounds more like YOU!! You never answered my questions: “Can YOU say that your spouse will still be with you after 45 years?”, “Do you provide a ‘good’ life for your spouse and family?” and “Will you be able to retire at age 59,(or sooner) with your current spending habits?”!!
One more question: “How close to being ‘debt free’ are you? Since you seem to put yourself on a ‘higher level’, tell us how is your life going!! Are you married? How long?
RDS in
Thursday, October 02 at 07:24 PM
No, she doesn’t su*k, she is a ‘great’ wife!!
Unlike a certain person we know—right, oh Googly one?
bbrd in
Friday, October 03 at 09:56 PM
...with loving care!! ~ RDS
Trying to wrap my mind around that is like contemplating what came before the Big Bang. The mind ((((boggles))))!
I’ve been reading you for a couple of years now and I’m convinced you’re a heartless, ignorant, dinosaur.
Loving care, my (radio edit)!
...working together as a couple, not as individuals!!
That usually translates into ‘she goes along to get along’. The doormat approach to domestic relations.
There are more things in heaven and earth, Horatio, Than are dreamt of in your philosophy. ~ Shakespeare
Ken V in Texas
Sunday, October 05 at 07:26 AM
“The doormat approach”
When I see RDS spouting off how he and his wife “work together,” I have visions of Archie and Edith Bunker.
ScrewedbyWalMart in Anytown, America
Sunday, October 05 at 03:19 PM
Ken V,
“I’ve been reading you for a couple of years now and I’m convinced you’re a heartless, ignorant, dinosaur.”
That’s because you don’t really KNOW me and base your opinion of me on the fact that I don’t agree with you!! You think there is only ONE solution to things, YOUR solution, and anything others think, HAS to be wrong!!
“That usually translates into ‘she goes along to get along’. The doormat approach to domestic relations.”
Maybe in your relationships it does, but, in some others, it means ‘working together’, no ‘woman’s jobs’ and no ‘man’s jobs’, sharing the load together!!
Screwedby,
“When I see RDS spouting off how he and his wife “work together,” I have visions of Archie and Edith Bunker.”
At least I thought enough about my wife to ‘marry’ her, aren’t you on your second ‘girlfriend’ since I came to this site or is she gone now too?
As for the senerio you made, aren’t you the Archie type, with your mother the Edith type, taking care of you? Does she run around the house making your dinner and cleaning up after you?
RDS in
Sunday, October 05 at 08:55 PM
...base your opinion of me on the fact that I don’t agree with you!!
I base my opinion of you on your words.
You want to know how I ‘see’ you, RDS? I see you like the gas station proprietor in the movie No Country for Old Men. The one the killer (Anton Chigurh) forces to flip a coin.
http://www.imdb.com/character/ch0027247/quotes
The Walmart mentality propagates the idea that more crap will make us happy. ~ Phil Butler
Ken V in Texas
Monday, October 06 at 05:51 AM
“heartless, ignorant, dinosaur”
Right on, Ken! That was the most accurate description I’ve seen of RDS yet.
heartless?—Just do a search of the archives on this blog using the term “RDS and think with emotions” or simple, “RDS and emotions.”
ignortant? Ken’s got this one right too! All anyone has to do, is take a look at your many words on this blog to see how “intellectual” you are.
dinosaur? That one’s easy. Just go ask your grandchildren and daughter who have told you “to get with the 21st century, will ya?”
I may not have all the answers to life’s mysteries, but of one thing I’m sure: If there ever is a world-wide nuclear holocaust, two things will remain, RDS and cockroaches.
ScrewedbyWalMart in Anytown, America
Monday, October 06 at 08:11 AM
Screwed: You guys are the BEST! I’ve had many a chuckle thanks to you and Ken. Keep ‘em comin’,please. Could I suggest one small point about RDS” lack of emotions. I tend to take issue with that. He seems to be QUITE emotional about $$$.
ddrb in
Monday, October 06 at 09:12 AM
Ken V,
“I base my opinion of you on your words.”
So, just because I believe that people should work for a living, support their families, save for their future and not live off of others efforts, you know me, as heartless, ignorant and a dinasaur, right?
Guess I would be better in your favor, if I lived with and was supported by my parents all my life, complained about how much I deserved to be GIVEN everything I wanted in life, without having to work for it, like some people I know!! And, if I blew all the money I got, on all those ‘quality’ things you talk about, so I remained broke, I could remain one your ‘favored’ people!!
Screwedby,
You can speculate on me all you want, but, at least I’m not sponging off my mother, waiting for her to die, so I can inherit everything she has!! I’m sorry, but I happen to think that is more heartless and ignorant, than anything you can accuse me of!! And, if it is ‘ignorant’ to work hard, instead of being dependant on others, I plead guilty!! As for being a dinasaur, you may be right, because I believe in the ‘values’ of the past, the ‘values that made this country the ‘greatest country on the planet’, but, to you, it is a ‘really’ terrible place to live and you can’t stop looking for what is WRONG with it!! You are a career complainer and protestor, probably because your father didn’t take any time to show you how to be a man and responsible human being, and, that’s probably why you think that ‘personal responsibility’, is a WHACKO concept and are so SPOILED!! I know, to you, ‘personal responsiblity’ is an old fashioned concept, followed only by dinasaurs, but, I would rather be a responsible person, than a constant ‘leach’ and ‘complainer’, asking everyone else to ‘foot’ the bills for my ‘lazy’ butt and ‘useless’ life!!
RDS in
Monday, October 06 at 08:24 PM
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