Gender Equality in China’s Legal Profession
- Human Rights Research Center
- 11 minutes ago
- 14 min read
Author: Vivian Sun
January 22, 2026
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Background: Workplace Gender Equality in China
China has seen remarkable progress in gender equality in the workplace, with women accounting for 37.7% of board seats, 41.9% of supervisory positions, and 31.2% of employee-representation positions, indicating that traditional barriers are being removed. In key positions within companies, women are becoming increasingly dominant: human resource directors account for more than 60% of women, and chief financial officers account for 52.8%. Women are becoming prominent entrepreneurs, particularly in the tech industry, where women run 41% of start-ups.
In spite of these successes, gender inequalities and sexual harassment continue to exist. Women still face obstacles to advancement within medium to high levels of management: only 19% of managers are female, and the proportion of women in top positions is falling sharply. Discrimination in the workplace remains, including inequality of pay—an average of 13% lower than that of men—as well as career setbacks associated with marriage and childbearing. Surveys show that 83% of women face barriers related to gender, and 62.5% say they are asked about their marital or reproductive status when they are recruited. Sexual harassment is widespread: more than 70% of women have been harassed at work, with almost 40% of them reporting multiple incidents.
Gender Inequality in the Legal Profession
The legal profession in China is often seen as a paradigm of a “safe” workplace: highly regulated, rules-based, and staffed by individuals trained to follow the law. Yet according to the 2020 Legal Services Sector Occupational Safety Survey, out of 162 people working in the legal profession, 64.8% of the respondents reported experiencing gender discrimination, harassment, or workplace violence. For many (56.8%) of the respondents, sexual harassment and violence were particularly prevalent and often accompanied by sex discrimination (36.4%). The majority (74.2%) were female respondents. Most of the cases were committed by high-level officials and senior colleagues: 55.2% of the offenders were senior-level, and 35.2% were directly supervised or supervised by an attorney. Paralegals were the most affected, with 91.7% of them reporting related experiences, followed by salaried (73.7%) and revenue-sharing attorneys (71.9%). Despite this prevalence, the number of reports was remarkably low: only 9.5% of the affected persons sought assistance or officially reported incidents, and only one led to any form of accountability—through a foreign (U.S.) law enforcement mechanism, rather than domestic procedures. The overwhelming majority of cases have not been addressed.
Legal Progress: China’s Gender Equality in the Workplace
From a normative point of view, China’s legal framework for the protection of women’s employment rights has evolved, from constitutional principles to labor legislation and, more recently, to women’s rights regulations. The 1982 Constitution of China establishes equality between men and women as a fundamental state policy. Based on this, the Labor Law in 1994 officially recognizes gender equality in employment and prohibits employers from refusing to employ women or from increasing recruitment criteria based on gender, with the exception of legally limited positions.
In parallel with labor standards, the Law on the Protection of Women’s Rights and Interests (hereinafter referred to as Women’s Rights Law), first enacted in 1992, has played a central role in defining the rights of women in terms of labor and social security. Earlier versions of the law stressed the protection against discrimination in connection with marriage, pregnancy, childbirth, and breastfeeding. These protections were in close coordination with the Labor Contract Law and Special Provisions for Female Employees’ Labor Protection, which provided for collective restrictions on dismissal, reduction of wages, or termination of contracts during maternity leave.
Sexual harassment was first introduced into China’s legal framework by amending the Women’s Rights Law in 2005. That amendment expressly prohibits sexual harassment of women and gives victims the right to lodge a complaint with their employer or competent authority; it also lays down administrative sanctions and, if appropriate, civil liability. This approach was partially reframed with the adoption of the Civil Code of China in 2021. Article 1010 redefines sexual harassment as a violation of personality rights and applies gender-neutral language to extend protection to “anyone” who has been harassed by verbal, written, visible, physical, or other means. It also establishes a general obligation for employers and agencies to set up preventive measures, channels of complaint, and investigation.
A major turning point came with the amendment of the Women’s Rights Law in 2022. The amended law systematically lists the prohibited practices of gender discrimination throughout the whole employment cycle, from recruitment to promotion, pay, and dismissal, bringing these practices into the scope of labor safety inspections. It has also formally incorporated the prevention of sexual harassment against women into a single legal framework. Employers are now obliged to establish internal rules, appoint responsible authorities or staff, establish reporting and complaints channels, investigate, and take support measures like training, safety guarantees, and psychological support.
Why Legal Progress Fails to Remedy Gender Inequality in the Legal Profession
Although China has made significant progress in creating a legal framework for gender equality in the workplace, it has proven to be largely ineffective in addressing gender inequality in the legal profession.
Institutional Inattention of Gender Equality Obligations
China’s law firms pay little attention to gender equality and the prevention of sexual harassment. Article 25 of the 2022 version of Women’s Rights Law requires employers to adopt internal anti-harassment regulations, appoint responsible persons or institutions, carry out prevention training, and introduce reporting and treatment mechanisms (Clauses 1 to 4). Yet, a review of the public records of the seven “Red Circle” firms in China—King & Wood, Fangda Partners, Zhong Lun, Junhe, Global Law Office, Commerce & Finance, and Jingtian & Gongcheng—shows that even the most elite firms have largely failed to institutionalize such obligations. Among the seven law firms, only King & Wood has a “Diversity and Inclusion” section on its official website under the column of “Accountability & Social Impact.” In their Environment, Society and Governance (ESG) reports, Junhe and Zhong Lun refer to diversity commitments, affirming respect for gender equality and inclusiveness. These references, however, are still limited in scope and level of detail: they do not set out specific strategies to promote gender equality, such as specific programs, standing committees, or appointed contact partners.
In contrast, leading British and American law firms have a distinct institutional stance. According to The Lawyer (2025) and Vault (2025) rankings, almost all of the top 10 firms—many with offices in China—have clearly identified “diversity, equity, inclusion” or “culture & inclusion” sections on their official websites, outlining internal policies and training programs. Notably, the existence of such information to the public does not in itself prove that there are comprehensive internal rules in the field of gender equality. However, this information indicates that international law firms are paying more attention to internal gender equality than the top Chinese law firms. The contrast is especially striking in view of the structure of the Chinese legal market: in 2025, there were about 45,000 law firms in China, compared with around 165 foreign law firms, which represents 0.3% of the total. In other words, institutional practices that are visible in terms of gender equality remain limited to the fringe of the market, leaving the vast majority of lawyers working in companies where these matters are not officially recognized.
Notably, there have been isolated institutional attempts within the Chinese legal profession to promote gender equality. On July 13, 2021, the Shanghai Landy Law Firm officially launched its Anti-Sexual Harassment Management Measures, creating an Anti-Sexual Harassment Committee to receive, investigate, and handle complaints in the workplace. Landy is widely regarded as the first—and so far the only—Chinese law firm to adopt such a separate internal regulation and to establish a dedicated agency to implement it. Previously, in 2020, the firm also set up an LGBTQ + Legal Services Team, reflecting a wider institutional understanding of gender and equity. However, the regulatory and cultural practices comparable to international firms remain marginal for the entire industry. In cases where almost all domestic law firms have few internal rules, appointed bodies, or clear commitments on gender equality, there is a risk that the obligations laid down in Article 25 of the Women’s Rights Law will continue to be largely formal.
Gender Composition and Authority Imbalance
Although women continue to be a minority in numbers, they now make up a significant percentage of practicing attorneys, and in some cities, they even make up the overwhelming majority. In Beijing, as of August 2024, women made up 50.61% of all registered attorneys; in other big cities like Shanghai, Guangzhou, and Shenzhen, women consistently account for more than 45% of the profession. Among the younger cohorts, especially those aged 25 to 34, the proportion of women is often more than 50%, with up to 66% in some local surveys.
This demographic change, however, did not translate into a corresponding power or decision-making power. Women continue to be significantly underrepresented in managerial positions in law firms. While women make up almost half of the legal practitioners in Beijing, only about 22% of the board members are women; in Shenzhen, the ratio is about 7:3. A nationwide survey shows that over 80% of female attorneys are not in managerial positions and less than 10% are on the Board of Directors or Deputy Directors of Law Firms. Such vertical segregation means that the power of institutions—in terms of job distribution, customer access, promotion, and internal management—remains in the hands of men.
Male dominance in high-level positions directly affects the effectiveness of formal legal protection. Although the 2022 amendment to the Women’s Rights Law represents a significant step forward, in particular by requiring employers to establish an anti-harassment policy, appoint a responsible person, provide training, “establish a complaint hotline or a mailbox to ensure a smooth reporting channel” (Clause 5), and “establish and improve investigative and handling procedures, promptly resolve disputes and safeguard the privacy and privacy of the parties concerned” (Clause 6). In a male leadership structure, there is often no independence or impartiality in the internal complaint mechanism. As a result, women’s ability to avail themselves of such official channels is structurally limited, and harassment claims are usually treated as minor offenses, personal conflicts, or misunderstandings rather than as a breach of the law. Thus, despite the formal safeguards laid down in Article 25, the concentration of men’s power has rendered the system of complaints largely ineffective.
Hierarchical Power Relations and Gendered Division Of Labor
In addition to numbers, the internal organization of law firms creates a distinct hierarchy that shapes the daily working conditions of women. Law firms typically operate through a partner-senior-junior structure characterized by pronounced power asymmetry. Partners and some senior attorneys control key expertise: clients, case assignments, performance assessments, revenue allocation, and promotion opportunities. For their part, junior attorneys are dependent not only on their pay but also on their professional mobility, their professional reputation, and their standing in the business.
This hierarchical dependency intersects with gendered expectations in ways that obscure discrimination. Male partners often act as informal mentors and gatekeepers, assigning tasks and defining what constitutes “valuable” legal work. In practice, gender stereotypes frequently influence this process. On one hand, male junior attorneys are more likely to be assigned client-facing roles, networking duties, or outside liaison work—activities that are later cited as proof of outstanding performance or contribution. On the other hand, female junior attorneys tend to focus on documentation, internal coordination, or support work on the grounds that women are “more cautious,” “more appropriate,” or “naturally better.”
This hierarchy, together with the deep-rooted gender division in the legal profession, adds to the constraints of China’s legal system. Despite the wide expression of discrimination in regulations, the lack of a comprehensive anti-discrimination framework, as well as the absence of a clear definition of discrimination, has resulted in little guidance within the legal system for the recognition or challenging of gendered practices embedded in the occupational hierarchy. Although the Women’s Rights Law and other legislation, such as Sections 42 and 49, provide for administrative supervision and declaratory bans, they are mainly aimed at the more direct forms of discrimination that are common in other industries, such as construction or information technology, where it is easier to detect and correct overt gender bias in recruitment, remuneration, or promotion. In the legal profession, where gendered expectations shape the assignment of tasks, contact with clients, and career opportunities subtly and systematically, such formal protection is largely ineffective. Female attorneys often lack a conceptual framework for recognizing structural discrimination, as well as the legal means to challenge it, leaving entrenched biases that persist and perpetuate occupational inequality.
Client Acquisition, Informal Networking, and the Blurring of Consent
Another structural characteristic of the legal profession in China is that it is centered on customer acquisition and personal networks. A large number of empirical studies indicate that professional success in China is not dependent on having legal knowledge but rather on building relationships, securing cases, and mobilizing contacts in courts, administrations, and business networks. Both litigation and non-litigation attorneys are assessed primarily for their ability to attract lucrative jobs, making business development a necessary—if informal—aspect of legal work.
As a result, much of the legal work is done outside the formal office environment. It is common for attorneys to entertain clients, socialize, and build relationships that take place late at night and in an environment that includes alcohol, private dining, or moral ambiguity. These practices are deeply gendered. Male attorneys are generally seen as more suitable participants and face little reputational risk. Female attorneys, on the other hand, are often excluded from these spaces or viewed with suspicion by their male clients. Participants may face sexualized expectations, borderline behavior, or implicit pressure to tolerate discomfort in order to secure or retain customers.
The wider economic pressures on the legal profession have added to this dynamic. Starting in 2022, China’s legal market has faced falling revenues, fierce competition, and shrinking customer budgets, creating what some critics call the “lag effect,” as law firms struggle to adapt to a prolonged downturn. In 2024, the median income of those surveyed fell 16% from a year earlier, with top Chinese firms also experiencing significant declines. These financial pressures have increased the need for aggressive customer recruitment and networking, which has pushed attorneys to engage more often in informal after-hours activities, which are crucial to securing cases and maintaining professional standing. For female attorneys, who are already structurally excluded or restricted in this space, the economic stress adds to the risk of being exposed to gendered expectations, sexualized behaviour, and pressure to endure discomfort. Practices that might have been regarded as extraordinary or negotiable in the past have become more standardized, as managers prioritize revenue generation and customer retention rather than strict compliance with workplace equity.
Based on this, the main legal challenge relates to the issue of consent. The recognition of sexual harassment in China requires that the behaviour be “contrary to the wishes of the woman” (Women’s Rights Law) or “contrary to the wishes of others” (Civil Code). But in the legal profession, where informal networking and customer development are functionally essential to the survival of a career, interactions outside of a formal office environment are almost inevitable. Female attorneys are likely to do this because they are under professional pressure or strategic compliance, and not genuinely willing. From a colleague’s or client’s point of view, such actions may seem voluntary, but they often reflect limited choices made in the context of economic and professional pressures. Because of the structural need to engage in networking, the boundaries between consent and coercion are blurred, making it hard to tell if the behaviour is, in fact, against the woman’s will.
A related but distinct problem is the determination of damage to rights. Even when women make compromises in order to meet their professional expectations, participation can bring short-term benefits, for example, in the form of lucrative cases or career opportunities. This leads to a paradoxical situation where actions that are detrimental to dignity and equality can also produce professional benefits. Consequently, proving that harassment is “harmful to women’s rights” (Articles 77 and 80) is particularly challenging. Thus, formal complaint mechanisms, even if established by law, tend to be ineffective in practice.
Conclusion
Although legal progress has been made, gender equality in China’s legal profession remains largely unrealized. Insufficient attention by the authorities, limited internal rules, and weak enforcement mean that gender equality in the workplace in China is often only on paper. In order to achieve meaningful equality, it is necessary to change the culture of male-dominated workplaces, to give greater attention to gender equality and sexual harassment in law firms. Furthermore, legislative changes need to be made, for example, by clarifying the definition of discrimination and clarifying the provisions of the Women’s Rights Law. Without them, gender equality in China’s workplace will be restricted and largely informal.
Glossary
Client Acquisition: A process through which lawyers secure clients and cases, often involving informal networking, social interactions, and relationship-building beyond formal office settings.
Diversity, Equity, and Inclusion (DEI): Institutional policies and practices designed to promote equal opportunity, representation, and fair treatment across gender and other identity categories within organizations.
Environment, Society and Governance (ESG): A framework used by organizations to assess their impact on the environment, their responsibility to society, and the strength and fairness of their governance structures, aiming to create sustainable value while addressing risks and opportunities related to sustainability.
Formal Equality: The recognition of gender equality through laws, regulations, or official policies, without necessarily ensuring effective implementation or substantive outcomes in practice.
Gender Discrimination: Differential treatment or disadvantage based on gender, including direct exclusion, unequal pay, biased promotion practices, or the reinforcement of gender stereotypes.
Gendered Division of Labor: The allocation of tasks and roles within an organization based on gendered expectations, often assigning women to supportive or less visible work while reserving client-facing or high-value tasks for men.
Hierarchical Power Relations: Structured inequalities in authority and dependency within organizations, particularly between partners, senior lawyers, and junior lawyers, affecting access to resources, promotion, and protection.
Institutional Commitment: Visible and enforceable organizational measures—such as internal rules, designated bodies, and accountability mechanisms—demonstrating sustained attention to gender equality and harassment prevention.
Institutional Inattention: The absence or weakness of internal rules, enforcement mechanisms, or public commitments addressing gender equality and sexual harassment within organizations.
Legal Ambiguity: Uncertainty arising from the gap between legal definitions and real-world conditions, making it difficult to determine whether conduct meets the legal threshold for discrimination or harassment.
Sexual Harassment: Unwelcome conduct of a sexual nature—verbal, physical, visual, or otherwise—that infringes upon personal dignity or creates a hostile work environment, as defined under the Women’s Rights Law and Article 1010 of the Civil Code of China.
Structural Inequality: Systemic disadvantage produced by organizational arrangements, power hierarchies, and informal norms, rather than by isolated acts of discrimination.
Strategic Compliance: Participation in workplace interactions or activities not out of genuine willingness but as a calculated response to professional pressure, economic dependence, or career incentives.
Vertical Segregation: The concentration of men in senior or managerial positions and women in junior or non-decision-making roles, despite similar overall participation rates in the profession.
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