Fighting Sexism in Negotiations

“He called me ‘honey’ and ‘sweetie’ during our negotiation and it offended me. I have practiced law for a number of years, and I felt like he was diminishing me, my professionalism and my experience. On the other hand, he was elderly and I understand that some in his generation might not intend this to be demeaning. What should I do, next time, from a negotiation perspective?”

This question, from a recent training program attendee, raises difficult sexism and related issues. First, however, let me be clear: sexist comments like these are wholly inappropriate in a professional negotiation setting and in most other settings as well (in an employment context it might even constitute an element of harassment).

The reality, however, is that some individuals continue to make these comments. So we need to consider how to most effectively respond.

Here are my suggestions. I’ve also created a training on this topic. You can learn more about that here.

1. Do your homework – gather strategic intelligence

There is an extremely high likelihood this individual has made similar comments in the past. In fact, this person almost certainly has a reputation for doing so. Find out. Do your due diligence. Talk with others who have negotiated with him in the past.

Determine if these past comments reflected a conscious effort to change the negotiation power dynamic or reflected a more unconscious generational way of interacting with members of the opposite sex. I don’t recommend either – but your strategic response should vary depending on what you learn.

You also don’t have to reinvent the wheel. Evaluate how others have previously dealt with this person. This will help you design a strategic response and avoid just instinctively reacting, which can be highly counterproductive.

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2. Evaluate your and your client’s goals

Let’s say your research reveals that your counterpart regularly makes sexist comments to try to put his counterparts on the defensive. Also assume that the negotiation will likely be highly competitive, involve just a few zero-sum issues, and that your clients don’t want a future relationship.

Your and your client’s goal then, with your response, should be to send a clear and unequivocal message that such comments cross the line, will not be tolerated and that you should be taken seriously and treated professionally.

How can you send this message? Confront the perpetrator the first time this occurs and warn him that further sexist comments will force you to report his behavior to the appropriate authorities for disciplinary action. Then send a follow up email documenting these comments. A strong, direct response is warranted in these circumstances.

Alternatively, let’s say you’re on a cruise with your business investors and partners and their families. During a group dinner after everyone has had a few drinks, one of your elderly investors makes a sexist comment to you while also expressing an interest in investing more in your company.

Should you aggressively confront him during the dinner, escalating it? Probably not. Your goal here, presumably, would be to stop similar comments and not cause a bigger issue.

Perhaps take this person aside later, in private, and express that you find such comments inappropriate for many reasons – in part because of how it makes you feel, and politely request that he stop making them.

Many would also consider just ignoring these comments in this or similar circumstances. It’s not optimal, of course. And there may be a societal cost. But it just may not be worth addressing it if:

• this investor has no history of making sexist remarks;
• you tend to be a conflict avoider personality-wise and discussing it with him makes you intensely uncomfortable; and
• his comments have no real impact on the negotiation or on you.

Bottom line: evaluate your and/or your client’s goals in determining the most effective response.

3. Don’t let it negatively impact your strategic moves

My wife used to practice law and faced a number of older male lawyers who regularly treated young women lawyers in a sexist way, including with inappropriate comments during negotiations. While my wife sometimes directly addressed their inexcusable behavior, she found that the best long-term response was to aggressively negotiate and prove her mettle in the legal arena itself.

She knew that none of her counterparts’ comments made a substantive difference in terms of negotiation leverage or true power – unless she let them. And she didn’t. This sent a powerful message that they must respect and treat her as an equal.

Latz’s Lesson: Sexist comments have no place in negotiations. But whether you directly or indirectly address or ignore them, do your research and ensure your strategic response helps you accomplish your negotiation goals.