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Category Archives: Feminism and the Workplace
Irresistible Impulse: Supreme Court of Iowa Finds Employer Can Fire Employee He Deems an “Irresistible Attraction”
The question is not before us of whether it would be sex discrimination if Tenge had been terminated because Lori perceived her as a threat to her marriage but there was no evidence that she had engaged in any sexually suggestive conduct. Tenge v. Phillips Modern Ag. Co., 446 F.3d 903 (8th Cir. 2006). … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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“Scholarly Publishing’s Gender Gap: Women cluster in certain fields, according to a study of millions of journal articles, while men get more credit”
From the Chron, an account of “the largest analysis ever done of academic articles by gender, reaching across hundreds of years and hundreds of fields.”: … First they created an algorithm to label the millions of JSTOR papers by field … Continue reading
Posted in Academia, Feminism and the Workplace, The Overrepresentation of Men, The Overrepresentation of Women
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The TV Anchor and the Critic
At Findlaw, find a discussion of tv anchor Jennifer Livingston’s allegations that attorney (well, now there seems to be some question about whether he’s an attorney or a security guard) and fitness advocate Kenneth Krause bullied her via an email in … Continue reading
Posted in Feminism and the Workplace
1 Comment
Francine Banner on “Judicial Review of Intra-Military Sexual Assault Claims”
Francine Banner (Phoenix) has posted to SSRN her article, Immoral Waiver: Judicial Review of Intra-Military Sexual Assault Claims, Lewis & Clark L. Rev. (forthcoming 2013). Here is the abstract: This essay critiques the application of the Feres doctrine and the … Continue reading
Posted in Feminism and the Workplace, Feminist Legal Scholarship, LGBT Rights
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“A planned European Union law to impose sanctions on companies that do not allocate at least 40 percent of the seats on their boards to women has drawn enough opposition from Britain and other countries to risk being blocked before it is officially proposed.”
That is the first sentence of this NYT article.
Bringing Your Kids to Class is not “Professional” at American U.
In the first week of classes at American University, anthropology professor Adrienne Pine brought her sick child to class. I sped through the lecture and syllabus review with Lee, dressed in her comfiest blue onesie, alternately strapped to my back … Continue reading
Posted in Academia, Feminism and the Workplace
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Woman Who Was Shot While Earning Money As An “Exotic Dancer” Is Denied Workers’ Compensation
The case is LeAndra Lewis v. L.B. Dynasty, Inc., d/b/a Boom Boom Room Studio 54 and the South Carolina Uninsured Employers’ Fund, and the full opinion is here. Affirming a denial of Workers Compensation benefits, the South Carolina Court of … Continue reading
Posted in Acts of Violence, Feminism and the Workplace, South Carolina, Women's Health
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Four Wheels Good, Two Wheels Better!
A nasty accident involving a tanker truck carrying isobutane on I-10 near one of Baton Rouge’s exits has caused a shutdown of part of the expressway in both directions, and snarled traffic throughout Baton Rouge since 3:40 this morning. You … Continue reading
Posted in Feminism and Medicine, Feminism and the Workplace, If you're a woman
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The Bitch Is Back: When a Supervisor Repeatedly & Angrily Calls An Employee a “Bitch” to Her Face in Front of Co-Workers, Is it Sexual Harassment?
Kimberly Passananti was the deputy director of the DRC from 2002 until 2007. For several years, her supervisor was DRC director John Sullivan. After losing her job in 2007, Passananti sued, claiming that Sullivan subjected her to sexual harassment and … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Double Nickels on the Dime: Supreme Court of Israel Creates Burden-Shifting Framework for Gender Pay Disparity Cases
According to the Washington Post, Israeli feminists on Friday welcomed a Supreme Court ruling they say will help enforce equal pay laws for men and women. The ruling, issued Thursday, requires employers paying different wages to men and women to … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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No Passage To India: India Fails To Approve Landmark Changes To Its Sexual Harassment Law
Landmark amendments to India’s sexual harassment law failed to get approval by the Union Cabinet on Thursday. The amendments would have done at least two things to India’s Sexual Harassment of Women at Work Place Prevention, Prohibition and Redressal) Bill: … Continue reading
Posted in Feminism and the Workplace
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Cary Franklin, “Inventing the ‘Traditional Concept’ of Sex Discrimination”
Cary Franklin (Texas) has posted to SSRN her article, Inventing the “Traditional Concept” of Sex Discrimination,125 Harv. L. Rev. 1307 (2012). Here is the abstract: It is a commonplace in employment discrimination law that Title VII’s prohibition of sex discrimination … Continue reading
Posted in Employment Discrimination, Feminism and the Workplace
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Women in the Media as in Society?
Despite the backlash following his “slut” and “prostitute” references about Georgetown law student Sandra Fluke, Rush Limbaugh continues to denigrate women. More recently, he targeted Tracie McMillan, journalist and author of the book, The American Way of Eating, and stated, … Continue reading
Posted in Academia, Activism, Feminism and Culture, Feminism and Law, Feminism and Politics, Feminism and the Workplace, Feminists in Academia, If you're a woman, Justice?, Law Schools, Law Teaching, Legal Profession, Masculinity, Race and Racism, Sexism in the Media, Where are the Women?
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The Eye of the Beholder?
From CNN: a discussion of the impact of documentaries such as Miss Representation and America the Beautiful on today’s youth. If you still wonder whether the image of women and gender in pop culture is still relevant, take a look … Continue reading
Posted in Feminism and Culture, Feminism and the Arts, Feminism and the Workplace, Masculinity
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Clay Shirky’s “A Rant About Women” From Two Years Ago
Read it here. Below is an excerpt: “… Some of the most important opportunities we have are in two-sided markets: education and employment, contracts and loans, grants and prizes. And the institutions that offer these opportunities operate in an environment … Continue reading
Women, Power, and Development
From the Asia Sentinel, this article: Do Women in Power Act Differently From Men? Here an excerpt: Several studies of women’s involvement in environmental protection cited below seem to indicate that they do – marginally. How that plays itself out … Continue reading
Posted in Feminism and Politics, Feminism and the Workplace, Sisters In Other Nations, The Underrepresentation of Women, Women and Economics
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Harassment, male privilege, and jokes that women just don’t get
(Cross-posted to Concurring Opinions blog) A familiar theme comes up frequently in internet discussions: Women who complain about online harassment are just missing the joke.
Posted in Feminism and Technology, Feminism and the Workplace, Sexual Harassment
Tagged harassment, internet, male privilege, sexism, threats, violence
11 Comments
Female Representation on German Corporate Boards
From The Atlantic: Last Monday, the 30 companies of Germany’s blue-chip DAX stock index pledged to increase the proportion of women in management positions. That’s news in itself. What’s most interesting, however, is what didn’thappen that day, and what some German … Continue reading
Posted in Feminism and the Workplace, The Underrepresentation of Women
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Was Sexism a Factor in Carol Bartz’s Yahoo Firing?
That’s the headline of this column by Jeff Bercovici over at Forbes.com. It features a colloquy between Mr. Bercovici and fellow Forbes writer Jenna Goudreau. Ms. Goudreau comments: Studies have shown that assertiveness in women often reads as aggressiveness (read: “abrasive,” “bitchy,” etc.) … Continue reading
Posted in Chutes and Ladders, Feminism and the Workplace
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Everything But The Girl: Northern District Of Indiana Opinion Sharpens Split Over Nature Of Affirmative Defense In Single-Instance Harassment Cases
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Why Mothers (and Fathers) Need Childcare Options at Professional Meetings
I previously blogged here about the AALS decision to reinstate (temporarily) child care at the Annual Meeting. That decision is in response to multiple requests, most recently (and notably) from the Work-Life Committee of the AALS Section on Women in … Continue reading
Posted in Academia, Feminism and Families, Feminism and the Workplace, Upcoming Conferences
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Another Attack On Hotel Staff Member Results In Suspension Of Supervisor, Agreement To Provide “Panic Buttons”
The Hotel Pierre, site of another reported sexual attack on an employee, has suspended a housekeeping because that person apparently only entered the report into a logbook. A manager saw the report the next morning and called highers-up, who then … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminism and the Workplace, If you're a woman
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As Judge Nancy Gertner Retires, We Lose One of Our Greatest Judges But Gain One of Her Greatest Opinions
Judge Nancy Gertner kicks ass. I remember writing a motion in limine regarding the admissibility of virtual reality evidence for the annual mock technology trial when I was a student at William and Mary. Judge Gertner served as the judge … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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DOL Adds Gender Identity and Pregnancy to Nondiscrimination Policy
Here is the press release: US Department of Labor announces renewed commitment to fair treatment and equal opportunity for all of its employees New policy statements prohibit discrimination based on gender identity and pregnancy WASHINGTON — The U.S. Department of … Continue reading
Posted in Feminism and the Workplace, LGBT Rights, Reproductive Rights
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Crowdsourcing the Work-Family Debate
The Seattle Law Review just published a wonderful colloquy issue (here) centered around Joan Williams’s recent book, Reshaping the Work-Family Debate: Why Men and Class Matter. Book-ended by an inspirational article by Justice Ruth Bader Ginsburg and a witty recap … Continue reading
Posted in Feminism and Families, Feminism and the Workplace, Feminist Legal Scholarship
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MIT Releases Third Study On Status Of Women Science and Engineering Faculty
Today, the Massachusetts Institute of Technology releases a report examining the status of women faculty in science and engineering, the third such report since 1999. The upshot: There’s progress, but more needs to be done. The number of women faculty … Continue reading
Military Leadership Diversity Commission Recommends Eliminating “Combat Exclusion Policies” That Discriminate Against Women!
See Recommendation 9 at page 19 of the Executive Summary. The full report is available here. –Ann Bartow
Posted in Employment Discrimination, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women
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Sisters On the Bench
Hannah Brenner, Michigan State University College of Law, is publishing Gender and the Judiciary in South Africa: A Review of the Documentary Film Courting Justice, in a forthcoming issue of the Yale Journal of International Affairs. Here is the abstract. … Continue reading
There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination
A female employee brings an action against a school district under the Minnesota Human Rights Act (MHRA), alleging hostile work environment based upon gender discrimination. The gravaman of her complaint is that her male supervisor made sexist statements about the … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment
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The “Inevitable Firing” Approach: How The Inevitable Discovery Doctrine Should Inform Subordinate Discrimination Cases
A company fires an employee. The employee files an action against the company, alleging that the firing was discriminatory. The company moves for summary judgement dismissing the complaint. The fired employee has no direct evidence that the supervisor who fired … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Do Unions Help Women Faculty?
Ann Mari May, Elizabeth Moorhouse, and Jennifer A. Bossard have published Representation of Women Faculty at Public Research Universities: Do Unions Matter? in volume 63 of the Industrial and Labor Relations Review (2010). Here is the abstract. The authors investigate the … Continue reading
If You Want to Work for the History Channel, You Need to Be An Historian With a Penis!
Historiann has the details about a History Channel solicitation letter that states: We’re open to many physical-types for the host position, but we’re focusing on finding more of a rugged, rough, and smart type. Think Survivor’s Jeff Probst or Dirty … Continue reading
As Seen on TV?: SDNY Finds Social Framework Testimony Wouldn’t Help Jurors Because Gender Stereotypes are Exposed on Sitcoms & News Reports
Moreover, the Court agrees with the Minnesota Court of Appeals’ reasoning in Ray v. Miller Meester Advertising, Inc., 664 N.W.2d 355 (Minn.Ct.App.2003) wherein the court found that the trial court abused its discretion by admitting Dr. Borgida’s testimony because the … Continue reading
Memo to Yale Law School Professor Adam Cohen: “What Price Waterhouse did is like saying ‘nigger.’”
A member of the blogroll who has requested anonymity contributes the following post: Adam Cohen, who is apparently a law professor at Yale Law School, seems not to be familiar with the case of Hopkins v. Price Waterhouse, and that Cohen … Continue reading
If Nero Had Internet Access, He Might Have Watched Porn While Rome Burned
From the Associated Press: Senior staffers at the Securities and Exchange Commission spent hours surfing pornographic websites on government-issued computers while they were being paid to police the financial system, an agency watchdog says. The SEC’s inspector general conducted 33 … Continue reading
Gender Frustrations
So I have taken a week to think about how to blog about a session that I saw last weekend at the ABA Conference. The session was about using movies to demonstrate gender differences in negotiation and I went … Continue reading
Posted in Feminism and Law, Feminism and the Workplace, If you're a woman
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Latoya Peterson originally wanted to title the post: “All The Women Are Still White, All The Blacks Are Still Men, But Some Of Us Are Tired of Being Brave and Want to Kick Someone’s Ass.”
Read it here. Peterson co-authored it with Thea Lim and there is a lot there to think about, that really needs to be thought about. –Ann Bartow
Posted in Feminism and the Workplace, Race and Racism, Sociolinguistics, Women and Economics
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Marines to Women Soldiers: Clean Up On Aisle Seven!
When their gender is seen as an advantage rather than a disability, suddenly it is permissible for women soldiers to assume combat roles: … Women make up only 6 percent of the Marine Corps, which cultivates an image as the … Continue reading
The Internet Pile-on over a Woman Dean’s Paycheck
The legal blogosphere has been embroiled recently in a series of discussions about Karen Rothenberg, formerly dean at Maryland law. For those living in a cave (or avoiding Above the Law as a paper-finishing strategy), the basic facts are these: … Continue reading
Residual Value: Nevada Case Reveals Potential Usefulness of Residual Hearsay Exception to Gender and Race Discrimination Plaintiffs
Federal Rule of Evidence 807 provides an exception to the rule against hearsay for A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Don’t Ask, Don’t Get Pregnant: Military Policy for Iraq Bans Pregnancy or Impregnanting
Stars and Stripes, The Independent News Source for the U.S. Military Community, is reporting that a policy which went into effect in early November, and just reported, restricts the reproductive rights of military and civilian personnel: The rule governs all … Continue reading
Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin
Back in September, I posted an entry about the Seventh Circuit’s failure to recognize a “sex plus” or “gender plus” theory of discrimination in its recent opinion in Coffman v. Indianapolis Fire Dept., 2009 WL 2525762 (7th Cir. 2009), a … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship
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New study concludes having women at the top of institutions is crucial to increasing the number of women among the junior faculty ranks.
From Inside Higher Ed: Does having a woman in the top job (or the No. 2 slot) make a difference? When it comes to faculty hiring, the answer appears to be Yes. And having a critical mass of women on … Continue reading
Posted in Academia, Feminism and the Workplace, Feminists in Academia, The Underrepresentation of Women
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Call for a “New Deal” Feminism Focused on Economics and the Workplace
In the weekend’s Washington Post, Professor Dorothy Sue Cobble (History and Labor Studies, Rutgers) writes, “It’s Time for a New Deal Feminism.” The American workplace is transforming, but women’s lives aren’t necessarily improving. * * * The answer is not … Continue reading
Posted in Feminism and Economics, Feminism and Law, Feminism and the Workplace
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Article of Interest — A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions by Professors Hart and Secunda
Over the past half-century it has become commonplace for courts and commentators to distinguish two uses of social science in law. Social science is said either to prove ‘legislative facts’ that concern general questions of law and policy, or to … Continue reading
The Wrong Stuff: Middle District of Florida Seemingly Revives Narrow, Pre-Burlington Reading of Title VII’s Antiretaliation Provision in Action Against NASA
You are an employee at NASA at the Kennedy Space Center (KSC). In 2004, you file an informal complaint with the EEOC for discrimination and harassment, alleging that your superior sent e-mails to you and others in your department containing … Continue reading
Gender Bias Bingo
“Share your experiences of at least three bias types listed below, and you will win the highly coveted “Real Professors Play Gender Bias Bingo” T–shirt!” Preview bingo card here. Play here!
“Women who dress like Barbie dolls get treated like Barbie dolls”
The Miami Daily Business News has revived its “Rodent” column. In yesterday’s column (here — free registration required), the writer chastises female lawyers who don’t “dress the part.” What’s not ok? Stilettos, low-cut blouses, bare legs, frumpy … Continue reading
Posted in Feminism and the Workplace, Legal Profession
3 Comments
You’ve Got Mail: Eastern District of Pennsylvania Finds Plaintiff’s E-Mails Admissible In Sexual Harassment Case Despite Rape Shield Rule
A woman sues her employer, claiming, inter alia, sexual harassment based on an arguably hostile work environment. Specifically, she claims that her superior stared at her breasts on two separate occasions and made the following comment to her, with regard … Continue reading
Ruth O’Brien (editor),”TELLING STORIES OUT OF COURT: Narratives about Women and Workplace Discrimination”
Professor Ruth O’Brien teaches in the Political Science department at the Graduate Center of CUNY. Her new book about women and workplace discrimination uses both legal commentary and ‘story-telling’ methods to explore sexism and discrimination at work. From the publisher’s … Continue reading