Womenstake

The Right Side of History

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

I had the pleasure of attending the White House Middle Class Task Force event, where the Equal Pay Enforcement Task Force presented its recommendation to help close the wage gap (which, if you read this blog you know stands at 77 cents on the dollar and is even worse for women of color). The Task Force announced that it would engage in additional data collection, public education, and coordination among the key agencies to enhance enforcement of the nation's laws against pay discrimination. The federal government would also work to become a model employer, addressing wage disparities within the federal workforce.

The final recommendation of the Taskforce, reinforced strongly by both Vice President Biden and President Obama, was to pass the Paycheck Fairness Act. The House passed the Act in January 2009 and as Vice President Biden put it—it's time for the Senate to "get on with it." The Paycheck Fairness Act is a commonsense bill that provides additional tools for enforcing the pay discrimination laws and ensures that women who prove their case are compensated fairly. The bill has 40 Senate co-sponsors and recent polling demonstrates that the public strongly supports the Act. In other words, this bill is a no-brainer. So in the end, as the Vice President emphasized, the real question is whether this Congress will be on the right side of history and on the side of families. 

It's time to pass the Paycheck Fairness Act. 

Attacks on Justice Thurgood Marshall – Really?

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

If you’ve been watching the past two days of the confirmation hearings for Elena Kagan, there is no way that you’ve missed the persistent attacks against Justice Thurgood Marshall. Specifically, Elena Kagan has been criticized for “associating herself” with Justice Marshall, who has been called a “judicial activist” and “the epitome of a results oriented judge.” Some committee members even expressed concerns that Elena Kagan, who clerked for Justice Marshall, would dare identify Justice Marshall as one of her heroes. That’s right, the hearings have somehow become a forum for maligning Justice Marshall. The same Justice Marshall who founded the NAACP Legal Defense Fund and led the LDF team in securing the seminal decision in Brown v. Board of Education. The same Justice Marshall who served as the first African American Solicitor General. And the same Justice Marshall who served as the first African American Supreme Court Justice, enriching the Court and the nation with his service on the Supreme Court for decades.

Some of Justice Marshall’s critics were later asked by reporters to identify the specific opinions that caused them such heartburn – no list was provided. In any event, we think that a better exercise is to note some of Justice Marshall’s opinions that were of such importance to the Country – and I’ll list some that are especially critical for women. And although I’ll name just a few here, there is no doubt that Justice Marshall left his mark on women’s legal rights. Justice Marshall joined the Court in 1969, and was there to vote in support of Roe v. Wade, and continued to reaffirm that critical holding in future decisions.  He was also a part of the majority in Reed v. Reed that for the first time struck down a law that discriminated based on sex as a violation of the Constitution — and he continued to lay the groundwork for the application of heightened scrutiny under the Constitution to gender-based classifications. In Kirchberg v. Feenstra, for example, he wrote the opinion striking down a statute that gave a husband, as “head and master” of property jointly owned with his wife, the unilateral right to dispose of such property. His legacy extends beyond the development of these core constitutional principles. In California Fed. Sav. & Loan Ass’n v. Guerra, for example, Justice Marshall preserved the ability of state and local governments to provide for leave and reinstatement rights for pregnant employees, writing that that the California statute was not inconsistent with (and therefore not preempted by) Title VII, the federal law that prohibits discrimination in employment based on sex. 

So, I guess the good news about the attacks on Justice Marshall is that it has allowed many of us to focus on his tremendous legacy and revisit the critical place he held on the Court for so many years. Something I am glad to do.

Give the Public What it Wants—Pass the Paycheck Fairness Act

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

President Kennedy signed the Equal Pay Act into law on June 10, 1963, making it illegal for employers to pay unequal wages to men and women who perform substantially equal work. At the time, women made only 59 cents on the dollar. 47 years later, the wage gap persists—women make only 77 cents for every dollar made by men, and for women of color, the numbers are even worse. The persistent wage gap, coupled with the egregious conduct highlighted by recent high profile law suits, make clear that the current laws to prevent discrimination in the workplace are not up to adequately addressing pay discrimination.

Turns out, the public agrees. 

In a nationwide poll released today, 84 percent said they supported "a new law that would provide women more tools to get fair pay in the workplace." Participants were told that the "law will also make it harder for employers to justify paying different wages for the same work and ensure that businesses that break the law compensate women fairly." And 72 percent of respondents strongly supported such a law.

A New Day for Women in the Military

by Fatima Goss Graves, Vice President for Education and Employment,
and Jenifer Rajkumar, Health and Reproductive Rights Fellow,
National Women's Law Center

Yesterday proved to be a good day in our quest to end discrimination in the military. 

We were proud to see our Representatives stand on the floor of the House and forcefully state that the "Don't Ask, Don't Tell" policy was discriminatory and downright un-American. In the end, the House voted 234-194 to allow the military to end the laws and policies that prohibit military members who are gay from serving openly.

Ending the policy was long overdue -– as the NWLC Co-Presidents said in letters to the House and Senate, "Don't Ask, Don't Tell" is "both discriminatory and counterproductive." Over 13,000 military members were discharged over the policy, and inexplicably women were discharged at rates that far exceed their presence in the military services.  

The Senate Armed Services Committee approved a similar measure yesterday, putting it on track for final passage. We look forward to this policy finally being put to rest.

Happily, this was not the only victory we witnessed in the Senate Armed Services Committee on Thursday evening. Senator Roland Burris (D-IL) introduced an amendment which would repeal the current discriminatory law that bans abortion in military facilities even if a woman pays for the abortion with her own private money. Burris’s amendment passed by a vote of 16 to 10 and will now be included in the 2011 National Defense Authorization Act as it moves to the Senate floor for a vote in the coming weeks. 

Supreme Court Reverses Harmful Appellate Court Decision in Lewis v. City of Chicago

By Fatima Goss Graves, Vice President for Education and Employment,
and Kavitha Sivashanker, Fellow,
National Women's Law Center

Today, the Supreme Court took an important step in upholding workers’ rights and promoting equal workplace opportunities by reversing a harmful Seventh Circuit decision in the case of Lewis v. City of Chicago. The Court’s opinion was unanimous, and was written by Justice Scalia, who voted against Lilly Ledbetter’s right to sue her employer.

In Lewis, African-American firefighters were denied positions with the City of Chicago Fire Department based on the results of a flawed exam that had an adverse impact on African-American male and female applicants. The City announced in early 1996 how candidates would be selected for hire from the exam’s results, but the plaintiffs were not harmed by this practice until the City made its first selection of candidates months later. Today’s decision will have a wide-ranging impact on employees’ ability to challenge policies that limit opportunities for women and people of color, such as the testing practices at issue in Lewis as well as education requirements, criminal history requirements, residency requirements, height and weight requirements, and credit checks.

What Would You Do with $10,622?

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

What if you found out you were owed $10,622?

There’s a $10,622 gap between the median yearly earnings of men and women. For many women and their families, fixing the wage gap would mean enough for a year’s supply of groceries, three months of rent or child care, six months of health insurance, and more.

What would it mean to you? Send us a photo that shows how $10,622 would improve your life!

And on June 10 we’ll mark the anniversary of the Equal Pay Act by sending those photos to Congress and urging it to move quickly to pass the Paycheck Fairness Act. We’ll also display a selection of photos on our website.

Submit your photo today and join the conversation on the importance of fair pay for women and their families.

Give Your Mother a Break

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

Let’s make our mothers’ lives a little easier this year. This Mother’s Day, send more than flowers ― tell the Senate to pass the Paycheck Fairness Act because hard-working mothers deserve equal pay.

The Paycheck Fairness Act would make a difference for our mothers and all the working women in our lives. It would enable them to discuss their salaries with their co-workers without fear of retaliation. And it would help eliminate the over $10,000 pay gap between the median annual earnings of men and women.

Please stand up for all the mothers in your life today by urging the Senate to pass the Paycheck Fairness Act.

In this tough economy, more and more families are counting on women’s earnings. Unfair pay practices make things even harder, especially for those families who rely solely on female earnings.

It’s time for the Paycheck Fairness Act ― hard-working mothers across the country simply can’t wait.

Want to learn more about the importance of fair pay in difficult economy? Check out our new fact sheet.

Dr. Dorothy Height

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

This week Dr. Dorothy Height passed away at the age of 98. She began her lifelong work for equality in the 1930s, led the National Council of Negro Women for four decades and co-founded the National Women’s Political Caucus. And that’s not even the whole story – in fact, it is nearly impossible (particularly in a short blog post) to summarize the many great achievements of a woman who has been called the “Godmother” of the Civil Rights Movement. Her contribution to the women’s rights and civil rights movements are truly immeasurable.

So instead, I’ll just quote Dr. Height. She often said, “If the times aren’t ripe, you have to ripen the times.” And that she did. Decade after decade, Dr. Height set the stage for critical advancements in civil rights and women’s rights. She was there to gain key protections in voting, education, employment and housing. And she was there to restore them as they were eroded by narrow court decisions. We are all indebted to Dr. Height, her lifelong dedication to ensuring equality, and the trail that she blazed for so many years. And at the National Women’s Law Center, we are all better advocates because of her. Dr. Height, we will do our best to continue to “ripen the times.” 

The Wage Gap = Over $10,000 Lost for Women and Their Families

by Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

Today is Equal Pay Day — the point in 2010 when the average woman's wages finally catch up to her male counterpart’s salary from the prior year.

The wage gap between women and men adds up to far more than pocket money. In fact, it adds up to more than $10,000 per year for the average woman.

Check out this video to learn more:

EEOC: All Present and Accounted For

By Fatima Goss Graves, Vice President for Education and Employment,
National Women's Law Center

On Wednesday, Jacqueline A. Berrien was sworn in as chair of Equal Employment Opportunity Commission (EEOC) and Chai Feldblum was sworn in as Commissioner to the EEOC. This is good news for the EEOC, which has been short of its required quorum of commissioners for the first time in decades. It is also good news for the country, for the President has picked stellar nominees with a deep base of experience on the issues that come before the EEOC and longstanding commitment to ensuring fairness in the workplace. But it was not an easy road. 

These nominees had been pending before the Senate since they were voted out of the Senate HELP Committee in late 2009. And on March 27, after the Senate had gone into recess, President Obama appointed fifteen executive-branch nominees who had been pending before the Senate. Berrien and Feldblum were among these, as was Victoria Lipnic (also appointed to be a Commissioner of the EEOC), who will be sworn in later in April. P. David Lopez, the nominee for General Counsel of the EEOC, was also recess-appointed and was sworn in yesterday.