Norwegian companies sidestep government: passive resistance against forced gender quotas

Regular visitors to this blog will recall we recently gave exposure to an interesting paper from academics at the Norwegian School of Management:

https://c4mb.wordpress.com/2012/09/28/a-fourth-study-shows-that-having-more-women-on-boards-leads-to-a-decline-in-corporate-performance/

We were recently in touch with one of the paper’s co-authors, Professor Oyvind Bohren, and he kindly supplied us with his latest paper, titled, ‘Changing organizational form to avoid regulatory constraints: The effect of mandatory gender balance in the boardroom’. The new paper was co-written with Siv Staubo, a (lady) lecturer in the same business school. Professor Bohren has kindly agreed to our request that we make the paper downloadable on this blog, for which we thank him. The paper’s full Abstract:

Norway is the first and so far only country to mandate a minimum fraction of male and female directors. We find that after the new gender balance law required at least 40% of each gender on corporate boards, half the firms exit to an organizational form that is not exposed to the law. This response suggests the gender balance law is costly, and we find the cost to be firm-specific. Firms exit more often when they are non-listed, successful, small, young, have powerful owners, and few female directors. The decision to enter is driven by similar firm characteristics, which reflect high costs of increased gender diversity and low value loss of abandoning the current organizational form. Mandatory gender balance tends to make complying firms end up with the right organizational form, but the wrong board. Conversely, firms exiting or not entering to avoid the new regulation may get the right board, but the wrong organizational form.

The full paper [revised draft received 16.11.12]:

121116 Bohren and Staubo paper (latest draft)

Our Research Director, Michael Klein, has reviewed the paper in detail, and he makes the following comments:

Bohren’s and Staubo’s paper is both interesting and methodologically robust. The paper firstly corrects a common misunderstanding. The Norwegian gender quota legislation is in force for limited liability firms, both those firms which are listed and – this is not widely understood – those which are not listed. Bohren and Staubo not only show that 51% of companies exposed to the quota regulation switched to another organizational form to avoided being covered by the law, but these firms varied systematically from firms that didn’t switch. Most firms seem to balance the costs of complying with quota legislation against the costs of switching organizational form, so the fact that 51% of firms decided to switch organizational form is a remarkable result.

Viviane Reding: relentless gender warrior

My thanks to our Research Director, Michael Klein, for pointing me towards the following update from the EC on the continuing efforts of a defiant Viviane Reding, EC Justice Commissioner and relentless gender warrior, to push water uphill with a stick:

Wednesday 14 November (date to be confirmed): Boosting gender balance on corporate boards

The news:

The Commission will present a legal instrument aimed at increasing gender balance on company boards in the EU.

The background:

Across the EU, company boards are currently dominated by one gender: 86.5% of board members are men while women represent just 13.5% (8.9% of executive members and 15% of non-executive members). 97.5% of the chairpersons are men and only 2.5% are women.

Promoting more equality in decision-making is one of the goals in the Women’s Charter (see IP/10/237), which was initiated by President José Manuel Barroso and Vice-President Reding in March 2010. The Commission then followed these commitments by adopting a Gender Equality Strategy in September 2010 for the next five years (see IP/10/1149 and MEMO/10/430), which includes exploring targeted initiatives to get more women into top jobs in economic decision-making.

The event:

Vice-President Viviane Reding will give a press conference in Strasbourg. Details to be announced.

IP, MEMO and Factsheets will be available on the day.

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The sources:

Justice Newsroom:

http://ec.europa.eu/justice/newsroom/index_en.htm

Vice-President Reding’s website:

http://ec.europa.eu/commission_2010-2014/reding

The contacts:

Mina Andreeva +32 2 299-1382 Mina.Andreeva@ec.europa.eu

Natasha Bertaud +32 2 296-7456 Natasha.Bertaud@ec.europa.eu

FROM HERE.

http://europa.eu/rapid/press-release_AGENDA-12-37_en.htm

Michael has also raised a good question. Given that Mrs Reding’s recent effort to impose legislated gender quotas on EU company boards foundered in the light of legal advice to the effect that the EU doesn’t have the legal ‘competence’ to impose such quotas, what ‘legal instrument’ can Mrs Reding possibly have in mind?