Work-Life Balance: Impact On Talent Reviews & Attorney Development by Intellectual Property Owners Association Women In IP Committee Push Forward Subcommittee

Overview Not a Women’s Issue Need for action Suggestions for Employers To Address the Issue Suggestions for Employees To Address the Issue Issues To Explore Further

Not a Women’s Issue Both women and men should be included in the dialogue and policies regardless of whether they have children Everyone can benefit from an improved work-life balance, including law firms and companies.

Need For Action Potential for those who pursue alternative work schedules to face backlash when staffing decisions are made or during talent reviews. Ideas for minimizing these risks and decreasing the stigma for those who take advantage of alternative work schedules. “In the past, it was common for law firms to limit part-time schedules to mothers of young children. This created resentment among other attorneys who might want to work fewer hours for reasons other than child care, and did nothing to retain these attorneys.”1 1UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law," http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.

Suggestions for Employers

Formalize Alternative Work Schedule Policies Provide written policies for working outside the office or working different hours in the office. Policies should include: - Alternative arrangements available to both men and women - Alternative arrangements available to employees both with or without kids - Maintain focus on retaining good employees regardless of work schedule

Eliminating Bias In Evaluations Outline specific criteria being relied upon to evaluate individuals before beginning evaluations and discuss only those criteria during reviews. “Research shows that subtle bias has profound effects, and continues to shape office politics in ways that systematically disadvantage women and people of color.”2 Focus on: Skills and knowledge Professional maturity and judgment Results Relationships with clients/others Business development potential Avoid discussing: Alternative work arrangements Personal details unrelated to work 2UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law," http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.

Ensure Equal Opportunities for Development Assign staff member to work closely with employees who are working on alternative schedules. - Monitor utilization, workloads, assignments and skill development - Assist in avoiding assignment disparity between employees on alternative work schedules and others “Firms need a Balanced Hours Coordinator because even the most expertly drafted, well-intentioned balanced hours policy cannot implement itself.”3 3UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law," http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.

Suggestions for Employees

Set Expectations Be clear with employer about your schedule and expectations - When you will be available in the office - When you will be available outside the office - Times you will be unavailable - How to reach you when you are not in the office

Understand Evaluation Process and Expectations Understand the criteria that will be used to evaluate your work. Clarify expectations and discuss goals with your boss throughout the year to give yourself a roadmap to get where you want to be. Highlight how you have met those criteria and expectations in your self-evaluation.

Issues for Further Consideration

Other Factors Impacting Attorneys on Alternative Schedules Is there a perception that those who want work-life balance are not as serious about their careers or as ambitious as those who are willing to put in face time or be available around the clock? If so, are attorneys who want work-life balance missing out on opportunities, including work assignments, promotions, higher talent ratings and bonuses? “Sometimes the loss of good assignments happens because partners assume, with good intentions, that attorneys who reduce their hours don’t want to work on matters that might involve short deadlines or travel.”4 4UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law," http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.

Designation of Balanced Hours Coordinator Should law firms designate an individual to be responsible for monitoring assignment delegation and ensuring that delegation is fair and allows all attorneys to develop the necessary skills for advancement?

Is the Impact of Bias Towards Balanced Hours Employees Gender Neutral? Examine whether male employees are also disadvantaged by perceptions about work schedules, either by feeling the need to forgo flexible schedules or by sacrificing opportunities to advance if they choose flexible schedules.

Why Are Attorneys Moving to the USPTO? Is there anything we can learn from the United States Patent and Trademark Office (USPTO) in terms of examples of work-life balance? - Many attorneys leave private practice, or even in-house positions, to take jobs at the USPTO. Why? - What advantages does the USPTO offer in terms of work-life balance that law firms and companies could use as a model?

Survey of Women in IP Committee Members Have you missed out on opportunities because you tried to pursue a better work-life balance or observed instances where this has happened to others? Does your company (law firm or otherwise) have flexible schedule programs? - Are they limited based on gender or circumstance? - Is there a negative perception of or effect on those using them? Provide details on how such policies are implemented. What can we learn from the above to promote work-life balance?

Questions?

Special Thanks With special thanks to IPO’s Women in IP “Push Forward” Subcommittee Members who contributed to the content of this presentation: Shruti Costales (Subcommittee Chair), HP Inc. Rebecca Harker Duttry, McDermott Will & Emery Michelle Bugbee, Eastman Chemical Company Aubrey Haddach, Dinsmore Lonnie Rosenwald, Intellectual Ventures