According to a report by BarkerGilmore, men who hold the position of General Counsel continue to receive higher total compensation than women in the same role. In 2022, the median real wage for male GCs was $573,000, while for female GCs, it was $546,000, resulting in a 5% gender pay gap. The disparity in compensation is mainly due to bonus pay, where men earned a median cash bonus of $130,000, and women earned $115,000, resulting in a 13% gap. However, the report shows that the disparity in bonus pay has decreased compared to the previous year's report, where men earned a 22% higher bonus than women. Regarding base pay and long-term incentive pay, the difference between men's and women's GCs was more minor, with a median base salary of $322,000 for men and $316,000 for women.
Similarly, men's GCs received an average long-term incentive pay of $121,000, while women's GCs received an average of $115,000. The report suggests that bonus pay is a significant factor in the gender pay gap among General Counsel, as found by other search firms tracking in-house compensation. For instance, a report by Major, Lindsey & Africa found that in 2021, male GCs earned an 18% larger bonus than female GCs, despite making only 6% more in base salary on average.
The Major, Lindsey & Africa's 2022 Global In-House Compensation Survey highlighted that bonuses for both men and women in General Counsel roles are usually based on both individual and company performance. However, the report pointed out that while objective facts typically determine a company’s performance, subjective judgments are often made when assessing individual performance. This subjectivity can result in implicit biases that lead to gender inequality in a company’s compensation decisions, according to the report.
According to the BarkerGilmore report, women in legal department positions below the GC level receive equal or higher pay than their male counterparts. For instance, women in managing counsel positions had a median total compensation of $370,000 compared to $368,000 for men. On average, women in those positions received $5,000 more in base salary and $3,000 more in long-term incentive pay, while men received $6,000 more in bonus pay. Similarly, women in senior counsel roles had a median total compensation of $252,000 compared to $256,000 for men. However, on average, women received $4,000 more in bonus pay and $1,000 more in long-term incentive pay, while men had an average base pay of $9,000 higher than women. The BarkerGilmore report surveyed a combined 3,800 general counsel, managing counsel, and senior counsel in March 2023. The report suggests women achieve more significant pay equity in legal department positions below the GC level.