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Category Archives: Feminism and the Workplace
George Mason School of Law Sued for Sexual Harassment
From Law.com: … This July, Kyndra Rotunda filed a lawsuit against the Arlington, Va., school, where just three years before she had happily signed on as director of a legal assistance clinic for military service members. In her suit, she … Continue reading
“The FBI says killer truckers are abducting prostitutes and other women at truck stops, raping them and leaving their bodies along the nation’s highways.”
Below is a “Time Video” news report, which states there are 500 known victims.
Carol W. Greider of the Johns Hopkins School of Medicine was one of three women who won a science Nobel last week, and she sounds like a sister!
Excerpt from a NYT interview with Nobel Laureate Carol W. Greider: …Q. MANY REPORTERS HAVE ASKED WHY TELOMERES RESEARCH SEEMS TO ATTRACT SO MANY FEMALE INVESTIGATORS. WHAT’S YOUR ANSWER? A. There’s nothing about the topic that attracts women. It’s probably … Continue reading
Posted in Academia, Feminism and Science, Feminism and the Workplace, The Underrepresentation of Women
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The Wal-Mart Effect: Supreme Judicial Court of Massachusetts Reinstates Punitive Damages Award in Gender Discrimination Action Against Wal-Mart
A plaintiff brings an action against her former employer for discrimination. That action seeks punitive as well as compensatory damages. The plaintiff does not have evidence that the employer acted with knowledge that its conduct violated the terms of the … Continue reading
Pornography at the National Science Foundation
The Washington Times is not a publication I ordinarily read or have any confidence in. Nevertheless, the allegations made in this article appear to be accurate: … The budget request doesn’t state the nature or number of the misconduct cases, … Continue reading
Posted in Feminism and Technology, Feminism and the Workplace
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The Devil is in the Dictum: Second Circuit Makes Troubling Statements in Dictum in Rape Shield Ruling
A female employee allegedly flashes her breasts to co-workers at the workplace. That female employee later brings a sexual harassment action against her superior, claiming that he touched her thighs and breasts, offered her job security in return for sex, … Continue reading
No “Sex Plus” in the Seventh Circuit: Court Fails to Recognize “Sex Plus” Theory of Discrimination in Title VII Action Against Fire Department
A female firefighter has direct or circumstantial evidence that she was intentionally discriminated against based upon he gender. Undoubtedly, if she brings a Title VII action against the fire department, her action will survive a motion for summary judgment. But … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Inciting harassment can be costly.
Check out this settlement: Mid-Trial Settlement for Derogatory Comments by Shock Jocks- $1,000,000.00 Settlement: $1,000,000.00 after three days of trial Caption: Athena Anddrinkopoulis v. Defendant (No Response) Judge: Hon. John Egan, JSC Date of Settlement: 12/6/07 Plaintiff’s Attorney: Daniel Centi, … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminism and the Workplace, Sociolinguistics
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Mikula v. Allegheny County of Pennsylvania re-decided based on a broader construction of the Lilly Ledbetter Fair Pay Act.
From Womenstake: In a triumphant development for equal pay, the Third Circuit Court of Appeals today ruled in favor of Mary Lou Mikula, holding that her Title VII pay discrimination claim had been erroneously dismissed on the basis that her … Continue reading
Posted in Feminism and Law, Feminism and the Workplace
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Female Supervisors Face Significant Sexual Harassment
From Paul Secunda at Workplace Prof Blog: “Probably not a big surprise to many readers out there that female supervisors are still harassed in large numbers, but the fact that this study show that they are harassed more than non-supervisor … Continue reading
Posted in Employment Discrimination, Feminism and Law, Feminism and the Workplace
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The Road to Hell is Paved With (Allegedly) Good Intentions: Supreme Court of Alabama Opinion Raises Important Rape Shield Questions
We are not unmindful of the very personal nature of the information sought from Carlisle regarding her past conduct. Nor do we intend to suggest that a plaintiff with a promiscuous past could not feel the same shame and humiliation … Continue reading
Lani Guinier and Susan Sturm, “Trial by Firefighters”
From the NYT: STANDING on the steps of the federal courthouse in New Haven, the lawyer Karen Torre reveled in her clients’ victory in a recent case before the Supreme Court. She anointed her clients : the white firefighters who … Continue reading
Suzy, Check the Clutch
The title of the post on Salon.com is “Jack Welch to women: Work and family don’t mix.” The Salon post refers to this WSJ article which begins, “Former General Electric Co. Chief Executive Jack Welch has some blunt words … Continue reading
Posted in Feminism and the Workplace
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Pharmacists are obliged to dispense the Plan B pill, even if they are personally opposed to the “morning after” contraceptive on religious grounds, a federal appeals court ruled last week.
The LA Times reported: … In a case that could affect policy across the western U.S., a supermarket pharmacy owner in Olympia, Wash., failed in a bid to block 2007 regulations that required all Washington pharmacies to stock and dispense … Continue reading
Posted in Feminism and Law, Feminism and Medicine, Feminism and the Workplace, Reproductive Rights, Women's Health
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Why hasn’t the “degree gap” closed the “salary gap”?
Prof. Mark Perry prepared this graph: If I’m reading it correctly, women and men got the same number of college degrees in 1982. By 1983, women started obtaining more college degrees then men, and this trend has continued on into … Continue reading
Posted in Academia, Feminism and Economics, Feminism and the Workplace, The Overrepresentation of Women
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“… 2,000 people from some of South Carolina’s most depressed counties … flocked to a job fair this week to hear more about new jobs cleaning up dangerous waste at [a] former bomb-making complex, the Savannah River Site.”
Story here. –Ann Bartow
Posted in Feminism and the Workplace, South Carolina
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Breast Enhancement as an Employment Incentive?
The NYTimes reports (here) on unusual employment incentives being offered by hospitals and clinics in the Czech Republic: When Petra Kalivodova, a 31-year-old nurse, was considering whether to renew her contract at a private health clinic here, special perks helped … Continue reading
Posted in Academia, Feminism and the Workplace
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Beyond The Scope (But Not): Court Finds That Supervisor’s Sexist Statements Qualify As Employee Admissions
Federal Rule of Evidence 801(d)(2)(D) states Admission by party-opponent. [A] statement is not hearsay if…[t]he statement is offered against a party and is…a statement by the party’s agent or servant concerning a matter within the scope of the agency or … Continue reading
Posted in Courts and the Judiciary, Feminism and the Workplace
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Essay of Interest: Michael DiChiara’s A Case of First Impression: The Third Circuit Recognizes That Having An Abortion Is Protected By Title VII
Over the last few months, I have been working on a Submission Guide for Online Law Review Supplements. While doing my research for the Guide, I came across an interesting volume of the Rutgers Law Record, the online supplement to … Continue reading
California Assembly Passes Fair Pay Legislation
From the Feminist Daily News: The California state Assembly passed a state-level version of the Lilly Ledbetter Fair Pay Act Monday on a 49 to 28 vote. The measure codifies at the state level a broader version of the federal … Continue reading
Posted in Feminism and Law, Feminism and the Workplace
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Schroer v. Billington Update
Nan Hunter blogged about this case here, writing: The Schroer court held that just as discrimination against converts from one to faith to another is still discrimination based on religion, so too discrimination against transgender persons is still sex discrimination. … Continue reading
Posted in Feminism and Families, Feminism and Politics, Feminism and the Workplace
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Blog for Fair Pay Day – Cynical GenX Style
Today is “Blog For Fair Pay Day 2009,” coordinated by the National Women’s Law Center. For feminist law profs who don’t work at public institutions where salary info is public, don’t forget about Guidestar. It is a website that contains … Continue reading
Posted in Feminism and the Workplace
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Differently Abled?: Court Identifies Circuit Split Over Who is Similarly Situated to a Pregnancy Discrimination Act Plaintiff
The recent opinion of the United States District Court for the Northern District of Illinois in Woodard v. Rest Haven Christian Services, 2009 703270 (N.D. Ill. 2009), acknowledged but did not resolve an interesting circuit split on the following issue: … Continue reading
Posted in Courts and the Judiciary, Feminism and the Workplace
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Race, gender, customer preferences and BFOQs
In Pleener v. NYC Board of Education, ___F.3d___ (2d Cir. Feb. 24, 2009), the Second Circuit affirmed that an employer may never make an employment decision based upon the preferences of clients or customers, because race is never a … Continue reading
Posted in Feminism and Law, Feminism and the Workplace, Race and Racism
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Judicial Flubber?: First Circuit Seemingly Repudiates Supreme Court Sex-Stereotyping Precedent In Sex Discrimination Appeal
When the Supreme Court replaced the relatively simple Frye test with the relatively complicated Daubert test for determining the admissibility of expert opinion testimony, many critics (correctly) groused that science-starved judges would not be able to rise to the task … Continue reading
John A. Humbach on “Pornography in the Cockpit: Did Common Sense Take Flight?”
Sexual harassment is a serious matter, and ought to be treated as such. Women (and men) who need to go out into the workplace for a living are legally entitled to do so without rude reactions to make them deeply … Continue reading
Posted in Feminism and Law, Feminism and the Workplace
5 Comments
United Airlines settles harassment suit over cockpit pornography
The Seattle Times reports: United Airlines has settled a federal sexual-harassment lawsuit filed by a former pilot who grounded herself after repeatedly finding pornography hidden in the cockpits of domestic airline flights. Details of the settlement with former Capt. Lisa … Continue reading
Posted in Feminism and Law, Feminism and the Workplace
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“In fiscal 2008, the department received a total of 2,908 reports of sexual assault involving service members, representing an eight percent increase from fiscal 2007.”
Quote pulled from this DOD press release, which provides an overview of this DOD report. Excerpt from Executive Summary below: – Aggregate Report of Sexual Assault Incidents: In FY08 there were 2,908 reports of sexual assault involving Military Service members: … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and the Workplace
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Kimberly D. Phillips, “My Body is a Sacred ‘Garment’: Does the First Amendment Protect Clothing Designers Who Work Naked?”
The abstract: A Warner Brothers employee, Ms. Lyle, sued the writers of the TV program, Friends, for sexual harassment because the writers used sexually explicit coarse and vulgar language during their script writing sessions for the show. In the Supreme … Continue reading
Posted in Feminism and Law, Feminism and the Workplace, Feminist Legal Scholarship
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Not Very Discriminating?: Court of Appeals Of Michigan Erroneously Affirms Summary Judgment Order In Employment Discrimination/Retaliation Appeal
The recent opinion of the Court of Appeals of Michigan in Syrowatka v. County of Washtenaw, 2009 WL 529213 (Mich.App. 2009), affirmed a trial court order granting the defendant’s motion for summary judgment dismissing the plaintiff’s claims for employment discrimination … Continue reading
“A record number of workers filed federal job discrimination complaints last year, with claims of unfair treatment by older employees seeing the largest increase.”
From Yahoo News: … The Equal Employment Opportunity Commission said Wednesday it received more than 95,000 discrimination claims during the 2008 fiscal year, a 15 percent increase over the previous year. Charges of age discrimination jumped by 28.7 percent : … Continue reading
Exemption from Service – Mothers in the Military and Fathers at Home
The New York Times reports today about Lisa Pagan, a member of the U.S. Army Individual Ready Reserves, who brought her two small children (ages 3 and 4) with her when she had been reactivated for service and reported for … Continue reading
Posted in Feminism and Families, Feminism and the Workplace
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Can “nice guys” be sexual harassers?
Zuska takes on that question here.
Posted in Feminism and Law, Feminism and the Workplace
3 Comments
Thoughts on Tuli v. Brigham & Women’s Hospital, Inc., et al.
The Boston Globe reported here on the $1.6 million jury verdict in an employment discrimination case brought by a female neurosurgeon against her employer, Brigham and Women’s Hospital, and the male chair of the Neurosurgery Department. An earlier order granting … Continue reading
Posted in Feminism and Law, Feminism and the Workplace
2 Comments
Anyone for tennis, wouldn’t that be nice?: The contract law implications of the UAE’s decision to deny a visa to an Israeli tennis player
Whether you are a fan of tennis (like me) or not, you might have been following the recent mess in the United Arab Emirates. Basically, at the last second, Israeli tennis player Shahar Peer was denied a visa to … Continue reading
Posted in Feminism and Law, Feminism and Politics, Feminism and Religion, Feminism and the Workplace
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“In 2007, women only made up 14 percent of the Army. However, during the same year, women accounted for 46 percent of all Army discharges under Don’t Ask, Don’t Tell.”
So notes the ACS Blog, which reports: Under the Clinton-era Don’t Ask, Don’t Tell policy, military recruiters and authorities are banned from asking about a soldier’s sexual identify. However, soldiers are required to hide their sexual orientation from public view … Continue reading
The number of women among a newly compiled list of the”ten most cited”law faculty members is zero.
List is here, as compiled by Brian Leiter. For a number of reasons I think it would be useful to have a list of the “ten most cited” women law faculty members, more on this later. –Ann Bartow
Pregnant Pause: Eastern District of Michigan Misapplies Adoptive Admission Rule in FMLA/Title VII Action
The recent opinion of the United States District Court for the Eastern District of Michigan in Huck v. Greenspan, 2009 WL 224682 (E.D. Mich. 2009), contains what I feel is a disastrous misapplication of the adoptive admission rule, with similarly … Continue reading
Posted in Feminism and the Workplace
2 Comments
How long before the economic recession is labeled an evil plot by feminists?
Families which contain two adults who work outside the home often have a layer of economic security that two adult families with one “stay at home” partner do not have. So, on a micro level, everything feminists and our allies … Continue reading
Posted in Feminism and the Workplace
2 Comments
Presidential Authority and “Don’t Ask Don’t Tell”
President has authority to change “Don’t Ask Don’t Tell” now In her article Let the Small Changes Begin: President Obama, Executive Power, and Don’t Ask Don’t Tell, Professor Jackie Gardina of Vermont Law School writes: President Obama should not wait … Continue reading
Paul Secunda, “Blogging While (Publicly) Employed: Some First Amendment Implications”
Abstract: While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between … Continue reading
Posted in Blog Administration, Feminism and Technology, Feminism and the Workplace
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Why do Community College Students Shun the Major Formerly Known As”Secretarial Sciences”?
Dean Dad ponders that question here, and so do some of his readers.
Posted in Academia, Feminism and the Workplace
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Trans Fat: A Review by Zak Kramer and Elizabeth Glazer of “Fat Rights: Dilemmas of Difference and Personhood” by Anna Kirkland
Abstract: In her book, Fat Rights: Dilemmas of Difference and Personhood, Professor Anna Kirkland uses fat discrimination as a case study to examine the ways in which we talk about difference in antidiscrimination law. She argues that the proper way … Continue reading
Posted in Feminism and Culture, Feminism and Law, Feminism and the Workplace, Feminist Legal Scholarship
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“Opt Out” or Pushed Out: Are Women Choosing to Leave the Legal Profession? – A Conference at Yale Law School on March 27-28, 2009.
March 27-28, 2009 Yale Law School Sponsored by Yale Law Women “Opt Out”or Pushed Out will address the controversial phenomenon described by some as”opting out,” the supposed trend of professional women leaving the workplace to devote their energies to family … Continue reading
Posted in Feminism and the Workplace, Upcoming Conferences
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Why were there so few women at the World Economic Forum?
Morice Mendoza asks: Where Are the Women? Via Jill at Writes Like She Talks.
Posted in Feminism and the Workplace, Women and Economics
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“Debate: Should Feminists Endorse Basic Income?”
Basic Income Studies, an international journal of basic income research, Vol. 3, Issue 3, (2008) Debate: Should Feminists Endorse Basic Income? Guest editor: Ingrid Robeyns, Erasmus University Rotterdam Research Notes “Introduction: Revisiting the Feminism and Basic Income Debate” Ingrid Robeyns, … Continue reading
Posted in Academia, Feminism and the Workplace, Women and Economics
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Yolanda Young, “What Eric Holder’s Tenure at Covington & Burling Says About Blacks and BigLaw”
Op-Ed here at the HuffPo.
Posted in Feminism and Law, Feminism and the Workplace, Legal Profession, Race and Racism
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Cinema Incubo: Tenth Circuit Finds In Dicta That Rape Shield Rule Applies At The Summary Judgment Stage In Former Projectionist’s Appeal
I remember going to Carmike Cinemas while attending college in Charlottesville and law school in Williamsburg. And the memories are not fond. Dimmed movie projector light bulbs. Sticky floors. Terrible sound. Cramped seating. Now, according … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and the Workplace
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“One Gender’s Crash”
Deborah Spar, President of Barnard College, writes in the WaPo: ..as the financial debacle unfolds, I can’t help noticing that all the perpetrators of the greatest economic mess in eight decades are, well, men. Specifically, they are rich, white, middle-aged … Continue reading
Posted in Feminism and Politics, Feminism and the Workplace, The Underrepresentation of Women
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