Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘women’

Pregnant Workers Need More Protection than Walmart's Giving Them

Monday, May 26th, 2014
Laura ClawsonWalmart’s habit of making pregnant women choose between their paychecks and their health by denying them light duty got the retail giant enough bad publicity to spur a change in policy. The new policy leaves Walmart a whole lot of wiggle room to continue putting pregnant women in difficult positions, but it’s an improvement. However, Elizabeth Stoker wonders why Walmartisn’t giving pregnant women the same moral standing it gives veterans, who the company is making a big push to hire:

There’s no material reason veterans make better candidates for employment at Wal-Mart than any other candidate, especially for the low-skilled labor being performed on the floor of retail shops. And yet Wal-Mart’s commitment to veterans doesn’t seem entirely out of line, as veterans are seen as people with a different moral standing than others: They have contributed something of value, and therefore are valued.Wal-Mart notably doesn’t categorize pregnant women in that same class of morally valuable person. Benefits and accommodations in work are not offered to pregnant women insofar as they are pregnant, but only insofar as they are disabled in a medical sense by the effects of pregnancy. In other words, pregnancy has simply been subsumed under the preexisting criteria of disability rather than granted its own category of consideration. [...]

After all, pregnant women are at the final analysis socially valuable and morally distinct as a category of person. They ensure the ongoing life of society, and do so at personal cost: sometimes great, sometimes minor. If Wal-Mart is willing to recognize the moral significance of veterans in those terms, why not pregnant women?

The answer to the question is “because there isn’t as much public pressure and Walmart doesn’t do anything for workers without public pressure.” Besides, all it’s actually doing for veterans is hiring some of them to crappy Walmart jobs and giving some money to veterans’ programs to make itself look good. There’s no reason to believe veterans won’t be treated as badly as any other Walmart worker.Whatever your reasoning, though, pregnant women deserve stronger workplace protections than they currently have. It shouldn’t take bad publicity to get businesses to offer women light duty when they have a doctor’s note saying they need it, and policies offering accommodation shouldn’t have as much wiggle room as Walmart’s does. For that matter, women shouldn’t have to depend on having a decent boss to be able to keep working safely through pregnancy. That should be a matter of the law. Instead, pregnant women now face discrimination and Republicans are predictably standing in the way of the Pregnant Workers Fairness Act, which would strengthen protections for all pregnant women, not just the ones whose employers have gotten bad press.

This article was originally printed on the Daily Kos on May 23, 2014.  Reprinted with permission.

About the Author: Laura Clawson is the labor editor at the Daily Kos.

 

It'll Be Mother's Day Every Day in Minnesota!

Monday, May 12th, 2014

seiu-org-logoIf you’re still looking for a last minute gift for Mother’s Day? Get her a place in Minnesota so she’ll have an opportunity to enjoy a dignified retirement.

It’s no secret that American women are twice as likely to retire into poverty largely due to gender inequality. Working mothers tend to earn less and take on more family obligations than their male counterparts, leaving them more vulnerable to elder poverty.

Minnesota lawmakers are closer to evening the playing field for working mothers through the Minnesota Women’s Economic Security Act of 2014. This bold legislative package includes provisions to close the gender pay gap, expand family leave and sick leave, and study and create new private sector retirement savings models for workers.

Congratulate Minnesota working mothers by sharing this on Facebook. Click the image below.

Happy Mothers Day Minnesota

Although the bill still requires the signature of Governor Mark Dayton, Minnesota workers are already celebrating.

“By moving the dial on issues like closing the gender pay gap, strengthening workplace protections, and working to provide options for retirement security for those currently without access, this bill will help strengthen families throughout Minnesota,” said SEIU Local 284 Executive Director Carol Nieters.

“Our members clearly understand that women should not pay a price simply because of their gender,” said Javier Morillo, President of SEIU Local 26. “There is much work to be done, but passing the Women’s Economic Security Act will be a great victory for all workers in our state.”

If signed into law, the Minnesota Women’s Economic Security Act could also be a national model for other states and Congress for how to solve the retirement security crisis for women.

That being said, it’s ok if you don’t want to move your mom to Minnesota this Mother’s Day. But in that case you might want to consider urging your state lawmakers to introduce their own version of the bill.

This article was originally printed in SEIU on May 9, 2014.  Reprinted with permission.

Author: Keiana Greene-Page

Unless Something Changes, it Will Take Women 45 Years to Earn as Much as Men

Friday, September 20th, 2013

Jackie TortoraWomen will not receive the same median annual pay as men until 2058, if current earnings patterns continue without change, announced the Institute for Women’s Policy Research (IWPR) this week.

“Progress in closing the gender wage gap has stalled during the most recent decade. The wage gap is still at the same level as it was in 2002,” said Heidi Hartmann, president of IWPR. “If the five-decade trend is projected forward, it will take almost another five decades—until 2058—for women to reach pay equity. The majority of today’s working women will be well past the ends of their working lives.”

IWPR released a new fact sheet that tracks the pay gap from 1960 to today and analyzes changes during the past year by gender, race and ethnicity.

“While there is no silver bullet for closing the gender wage gap,” said Ariane Hegewisch, a study director at IWPR and author of the fact sheet, “strengthened enforcement of our EEO laws, a higher minimum wage and work–family benefits would go a significant way toward ensuring that working women are able to support their families.”

This article was originally printed on AFL-CIO on September 20, 2013.  Reprinted with permission.

About the Author: Jackie Tortora is the blog editor and social media manager at the AFL-CIO.

 

Iowa Supreme Court re-affirms statutory right of jittery, insecure spouses to interfere in the workplace

Monday, July 29th, 2013

Curt SurlsImagine the pilot episode of a revival of the 1970’s situation comedy “The Mary Tyler Moore Show.”  It is July 2013.  After a painful break-up with her fiancé, 30-year-old Mary Richards relocates to Des Moines, Iowa, to start a new life.

Mary interviews for a secretarial position at a local television station with Executive Producer Lou Grant.  Lou is an overweight, balding, married father of three grown daughters.  Lou offers Mary an associate producer position, reporting directly to him.  Lou’s wife Edie is threatened by the presence of an attractive, young woman in the workplace.  Edie demands that Mary be fired immediately.  Lou admits that he is attracted to Mary, even though their workplace relationship has been strictly professional.  Lou fires Mary.  He replaces her with Rhoda.  In Iowa in 2013, Mary has no legal recourse.

This month, the Iowa Supreme Court reaffirmed its controversial December 2012 decision holding that a fifty-something Fort Dodge, Iowa dentist acted legally when he fired his 32-year-old dental assistant for being too attractive.  Although the dental assistant had shown no interest in her married boss, both the dentist and his wife feared that he would be powerless to resist her charms.  In a decision insulting to both major genders, the Court reasoned that the firing did not constitute gender discrimination because it was not “because of sex.”  Instead, the Court reasoned, it was motivated by the dentist’s feelings of attraction for a specific person (I suppose you could call it “because of sexy”).

The latest version of the case, Melissa Nelson v. James H. Knight, DDS, P.C. can be read in full here.

Here is the official photo of the Justices of the Iowa Supreme Court.  See if you can spot what they all have in common.

scotus

Melissa Nelson was only 20 when she was hired by Dr. James H. Knight as a dental assistant.  For ten years, she was an exemplary employee.  She regarded her boss as a “father figure.”  Dr. Knight, on the other hand, found himself growing increasingly attracted to his young assistant.   In 2009, Dr. Knight’s wife insisted that her husband’s unilateral attraction to Ms. Nelson was a threat to their marriage.  Dr. Knight and his wife consulted with the senior pastor of their church, who blessed the decision to terminate Ms. Nelson.   Ms. Nelson sued for gender discrimination.  The trial court and the Supreme Court of the State of Iowa agreed with the Knights — and their pastor–and held that firing Ms. Nelson for being a potential threat to Dr. Knight’s marriage did not constitute illegal gender discrimination.

The Court’s original decision in late 2012 was greeted with outrage and ridicule.  In June 2013, the court withdrew its opinion and agreed to reconsider the matter, giving rise to the hope that they had seen the light and would permit the case to go to trial.  Those hopes were dashed when the Court reaffirmed its position that there is a difference between an employment decision based on personal feelings towards an individual and a decision based on gender itself.  “In the former case, the decision is driven entirely by individual feelings and emotions regarding a specific person,” stated the opinion’s author, Justice Edward M. Mansfield (he’s the one in the back row, far left).  “Such a decision is not gender-based, nor is it based on factors that might be a proxy for gender.”

Wait a minute, argued Ms. Nelson’s attorneys and reasonable people everywhere.  Of course it was “because of sex.”  If she were not female, she wouldn’t be in danger of involuntarily attracting the unwanted attention of her heterosexual male boss.  If it is illegal to sexually harass an employee, why should an employer escape liability for firing an employee out of fear that he was just about to harass her.  Under this logic, even an employee who spurns the sexual advances of her supervisor is vulnerable to dismissal under a fabricated “my wife made me fire you to save our marriage” defense.

But back to Mary Richards.  In the eponymous spin-off series “Lou Grant,” Lou found a job as a newspaper editor for the fictitious Los Angeles Tribune.   What if he re-hired Mary?  Could Edie get her fired again in California?  Not likely.

The Iowa Supreme Court was interpreting Iowa law and federal law from the United States Court of Appeals for the Eighth Circuit.   The Court relied heavily on 8th Circuit precedent holding that sexual favoritism is, in essence, a private matter between the parties that doesn’t warrant regulation as gender discrimination.  California state law takes a broader view of the impact of sexual favoritism on the workplace environment.  Our Supreme Court has recognized that sexual favoritism is not merely a private matter.  Instead, favoritism can create an atmosphere demeaning to women, giving rise to claims of a hostile work environment by both men and women.  California courts are, therefore, likely to view conduct such as Dr. Knight’s in the broader context, and find a termination under similar circumstances in California to be discriminatory.

And besides.  Why would Lou even listen to Edie?  They got divorced after the third season of “The Mary Tyler Moore Show,” and Edie promptly remarried.  You can watch the wedding here.

Article originally appeared on CELA Voice on July 25, 2013.  Reprinted with permission. 

About the Author: Curt Surls has been practicing in Los Angeles, specializing in employment law, for almost 25 years. Mr. Surls is a Fellow of the American Bar Foundation and has worked for the State of California as counsel to the Director of the Department of Industrial Relations.  CELA VOICE is a project of the California Employment Lawyers Association.  Our goal is nothing short of changing the discussion about issues of importance to California employees.  Our method is simple.  We will amplify the voice of worker advocates on issues that are vital to our economy, our way of life, even our health. The contributors to the CELA VOICE bring a unique perspective to understanding what is working and, too often, what isn’t working in California workplaces.

80% of Low-Wage Workers Lack Even One Paid Sick Day a Year

Monday, July 22nd, 2013

Jackie TortoraMore than four in 10 private-sector workers and 80% of low-wage workers do not have paid sick days. This means people, especially women who are more likely to work in low-wage jobs, constantly have to choose between their health and a paycheck.

A post in Jezebel, brought to you by the AFL-CIO, explains why the lack of paid sick days causes a ripple effect on our health and communities:

In fact, more than 80% of low-wage workers don’t receive a single paid sick day all year. This contributes to the creation of a sickness loop: contagious kids go to school because mom can’t stay home with them; expensive emergency room trips are made that could’ve been prevented; employees show up to work and spread viruses to their customers and co-workers.

When young women can’t stay home to get their sleep and soup on, they venture out into the world where they touch handrails with contaminated hands and sneeze on things. This is the sick, sad world Daria warned us about.

The National Partnership for Women & Families reports that adults without paid sick days are 1.5 times more likely to come to work sick with a contagious illness like the flu:

For example, more than three in four food service and hotel workers (78%) don’t have a single paid sick day—and workers in child care centers and nursing homes overwhelmingly lack paid sick days. This threat to public health is clear.

Last week, House Democrats released a women’s economic policy agenda that including expanding paid sick and family leave.

Originally posted on AFL-CIO NOW on July 22, 2013.  Reprinted with permission

About the Author: Jackie Tortora is the blog editor and social media manager at the AFL-CIO.

Opposition to paid sick leave costs Christine Quinn some high-profile support

Saturday, February 23rd, 2013

Laura ClawsonNew York City Council Speaker Christine Quinn’s refusal to allow a paid sick leave bill to come to a vote—though it has the support of a strong majority of the city council—resurfaced in the news this week when feminist icon Gloria Steinem said she would withdraw her support from Quinn if Quinn continues to block the bill.

“Making life fairer for all women seems more important than breaking a barrier for one woman,” Ms. Steinem said, adding that the bill would ensure that working mothers could better take care of sick children without fear of losing their jobs.

While it’s unlikely that Gloria Steinem’s endorsement or lack thereof is going to move many votes, it underscores a potential weakness for Quinn: She’s getting more credit as a progressive candidate than her positions would merit, in part because, as Steinem points out, she would be the first woman elected mayor of New York City. And she’s a married lesbian to boot. Drawing attention to the disconnect between how her individual role is perceived and the policies she embraces may not be super helpful among voters, though since the policies are geared to get her business support, it may be a worthwhile tradeoff as far as she’s concerned.

Quinn continues to block the vote while claiming that paid sick leave is “a worthy and admirable goal, one I would like to make available for all.” Her reasoning, of course, is the standard line pushed by crappy employers that it would cost jobs. However, job creation did not suffer in San Francisco following the implementation of that city’s paid sick leave law in 2007. And paid sick leave continues to be a public health issue; as Katie J.M. Baker points out, “a recent CDC study identified infected food workers as a source of between 53 and 82% of norovirus outbreaks.”

The arguments against paid sick leave just don’t hold up. Quinn is blocking a bill that would benefit not just the more than 1.5 million New Yorkers who currently lack paid sick leave, but has widespread public support and would save tens of millions of dollars in health care costs each year, resulting from fewer emergency room visits. It’s costing her high-profile support in her mayoral run, and it should cost her more.

This post was originally posted on the Daily Kos on February 22, 2013. Reprinted with Permission.

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Women Account for 72 Percent of the Decline In Union Membership from 2011 to 2012

Thursday, January 24th, 2013

Katherine GallagherToday the Bureau of Labor Statistics released new data on union membership for 2012. We did some number-crunching which shows that while unions are really important to women, their membership is dropping.

What’s going on with women and unions?

  • Between 2011 and 2012 the number of union members dropped by 398,000. Women were less than half (46 percent) of union members in 2011 – but they accounted for 72 percent of the decline.
  • Men are more likely than women to be members of unions. The gap between men’s and women’s union membership has narrowed over time. Last year it grew, for the first time since 2008, by 25 percent. Women’s rate of union membership (11.2 percent) was 1.2 percentage points lower than men’s (12.4 percent) in 2011. In 2012, women’s rate (10.5 percent) was 1.5 percentage points lower than men’s (12.0 percent).

Why does this matter?

  • Union membership is critical for women’s wage equality. Among union members, the typical full-time woman worker has weekly earnings that are 88 percent of the typical man’s. Among workers not represented by unions, this figure is 81 percent.

Why is it happening?

  • It’s likely that women’s concentration in public sector jobs (women comprised 57 percent of the public sector workforce in 2012) was a key factor in this union membership decline.
  • The rate of union membership in the public sector workforce in 2012 was more than five times higher than in the private sector (35.9 percent as compared to 6.6 percent). Public sector workers comprise just over half (51 percent) of union members in 2011, but they accounted for 59 percent of the declines in union membership between 2011 and 2012.

A few wonky data details: BLS data on union membership include all employed wage and salary workers 16 and older. Figures are 2011 and 2012 annual averages. Data are not available broken down by gender and sector. Data on the wage gap for union members differ slightly from the often-used measure of median annual earnings for full-time, year-round workers. Using this figure, the typical woman makes 77 percent of what the typical man makes.

This post was originally posted at NWLC. Reprinted with Permission.

About the Author: Katherine Gallagher Robbins is a Senior Policy Analyst for Family Economic Security at the National Women’s Law Center where she examines how tax and budget policies influence the financial stability and security of low-income women and families.  Before joining the Center in 2010, Ms. Gallagher Robbins worked as an organizer for the California Public Interest Research Group at the University of California, San Diego. She is a Ph.D. candidate in Political Science at the University of Michigan, Ann Arbor, and a graduate of the College of William and Mary.

Women Haven’t Gained A Larger Share Of Corporate Board Seats In Seven Years

Wednesday, December 12th, 2012

In addition to grappling with a persistent pay gap, working women also have to deal with extreme difficulty ascending to powerful corporate positions, according to a report by the research organization Catalyst. As Bryce Covert explained at The Nation:

Women held just over 14 percent of executive officer positions at Fortune 500 companies this year and 16.6 percent of board seats at the same. Adding insult to injury, an even smaller percent of those female executive officers are counted among the highest earners—less than 8 percent of the top earner positions were held by women. Meanwhile, a full quarter of these companies simply had no women executive officers at all and one-tenth had no women directors on their boards. [...]

Did this year represent a step forward? Not even close. Women’s share of these positions went up by a mere half of a percentage point or less last year. Even worse, 2012 was the seventh consecutive year in which we haven’t seen any growth in board seats and the third year of stagnation in the C-suite.

Overall, more than one-third of companies have no women on their board of directors. But economic evidence shows that keeping women out of the board room is a mistake. According to work by the Credit Suisse Research Institute, “companies with at least one woman on the board would have outperformed in terms of share price performance, those with no women on the board over the course of the past six years.”

This post was originally posted on Think Progress on December 11, 2012. Reprinted with Permission.

About the Author:  Pat Garofalo is the Economic Policy Editor for ThinkProgress.org at the Center for American Progress Action Fund. Pat’s work has also appeared in The Nation, U.S. News & World Report, The Guardian, the Washington Examiner, and In These Times. He has been a guest on MSNBC and Al-Jazeera television, as well as many radio shows. Pat graduated from Brandeis University, where he was the editor-in-chief of The Brandeis Hoot, Brandeis’ community newspaper, and worked for the International Center for Ethics, Justice, and Public Life.

A Bill to Make Employers Less Mean to Pregnant Women

Wednesday, October 3rd, 2012

Whatever our political conflicts, we can generally agree that we should treat pregnant women nicely. We don’t hesitate to help them carry their groceries or give them a seat on the bus. Yet when pregnancy comes up as a political issue, lawmakers are far more fixated on what an expecting mom’s womb is doing, rather than her hands–as she slips the check under your plate and hopes for a decent tip–or her mind–as she loses sleep wondering whether she’ll lose her job as her due date nears.

Under current law, it’s easy for bosses to mistreat pregnant women or force them off the job. Yet the men who run Congress are too busy sponsoring anti-abortion bills and slashing social programs, it seems, to protect pregnant women in the workplace. One of the many labor bills left off the congressional radar is the Pregnant Workers Fairness Act, (PWFA) which would help prevent pregnant women from being arbitrarily fired and make employers better accommodate them.

According to the National Partnership for Women and Families, the PWFA builds on existing anti-discrimination laws by extending specific protections to pregnant employees. The legislation directs employers to “make reasonable accommodations” for an employee or job applicant’s limitations stemming from “pregnancy, childbirth, or related medical conditions,” unless this would pose “undue hardship” on the business. In addition, as the New York Times’ Motherlode explains, the law would bar employers from “using a worker’s pregnancy to deny her opportunities on the job [or] force her to take an accommodation that she does not want or need.” The bill also directs the U.S. Equal Employment Opportunity Commission to set regulations for implementing these laws, including “a list of exemplary reasonable accommodations.”

It was introduced earlier this year in the House and this month in the Senate–and not surprisingly, faces pretty bleak odds for being enacted.

The bill expands on legislation passed in the 1970s that protects women from discrimination related to pregnancy. Those earlier policies have been interpreted in such a way as to let companies refuse to make reasonable adjustments for pregnant workers. Similarly, federal and state family-and-medical-leave acts protect women from discrimination related to a seeking medical care, including for pregnancy. But many expecting mothers are left unprotected by these measures; the FMLA for example covers only unpaid leave–not the paid leave time that’s essential to protect the health of workers and their families–and generally only workplaces of 50 or more employees.

The PWFA would not shield expectant women from mistreatment altogether. The “undue burden” clause may give employers some leeway, for instance, to refuse to provide accommodations in job duties or schedules for a mom-to-be. Still, the measure would press firms to make sensible modifications for pregnant workers, such as no longer lifting heavy weights.

As with many women’s rights issues, this is also a matter of economic fairness. About 60 percent of women who gave birth in a given year also worked during that time, according to recent data; many moms are primary breadwinners, too. Making workplaces more pregnancy-friendly isn’t about coddling women; it’s about putting pregnancy on par with other medical or physical challenges workers face. Sarah Crawford, director of workplace fairness at the National Partnership, noted in an email to Working In These Times:

The result for working pregnant women is that they are too often forced to quit or take unpaid leave because their employer denies them reasonable accommodations that are lawfully required for other workers with temporary disabilities.

Losing work a double-blow for pregnant women who need to prepare financially for a new member of the household. Even if they’re not outright fired, Crawford points out, “some employers force pregnant workers into unpaid leave prematurely, which means that women are forced to take a heavy financial hit just as they are about to give birth.”

Moreover, if a pregnant woman is unfairly fired, she may have trouble simply getting hired as a new mom, which some employers may see as a liability. (Not to mention affording quality child care so she can hold onto that new job).

The National Partnership also notes major health implications for women who lose a job during pregnancy, and for their babies: The stress incurred may raise “the risk of having a premature baby and/or a baby with low birth weight.” If she can earn more before having the baby, she can potentially take more time off for maternity leave–meaning more time for bonding, breastfeeding and other essential nurturing tasks for parents that our labor structure tends to ignore.

Ironically, companies themselves suffer when they arbitrarily dismiss workers for pregnancy or childbirth-related reasons, because high workforce turnover is counterproductive in the long run.

Yet many workplaces still make women bear the brunt of the cost of childbearing. So next time you graciously offer your bus seat to a pregnant woman, just think about how our politicians fail to stand up for the labor rights of those who do the work of bringing us into the world.

This blog originally appeared in Working In These Times on September 27, 2012. Reprinted with permission.

About the author: Michelle Chen work has appeared in AirAmerica, Extra!, Colorlines and Alternet, along with her self-published zine, cain. She is a regular contributor to In These Times’ workers’ rights blog, Working In These Times, and is a member of the In These Times Board of Editors. She also blogs at Colorlines.com. She can be reached at michellechen @ inthesetimes.com.

Most Minimum Wage Earners Are Women

Tuesday, June 26th, 2012
Credit: Joe Kekeris

Credit: Joe Kekeris

One of the stats that always amazes is this: If the federal minimum wage had kept pace with the rising cost of living over the past 40 years, it would be $10.52 per hour today.

Instead, the minimum wage is $7.25 an hour. That translates to $15,080 per year, below the poverty line for a family of three—if the work is full-time.

Stunning as that is, it gets even worse when you realize that the majority of those paid the minimum wage are women: In 2011, more than 62 percent of minimum wage workers were women, compared with only 38 percent of male minimum wage workers, according to a new report by the Center for American Progress Action Fund.

It’s especially bad that women make up the majority of minimum wage earners because women are paid 77 cents for every dollar a typical man earns. Women of color are far more likely to hold low-wage jobs than men, and two-thirds of mothers now are either the breadwinners or co-breadwinners for their families. Their lower wages mean they will receive less from Social Security, their primary source of retirement income.

Slightly more than 2.5 million women earn the minimum wage or less, while about 1.5 million men do.

Pointedly, the report notes:

From 1968 to 2010, incomes for the top 1 percent of earners increased by 110 percent, but the inflation-adjusted value of the minimum wage has fallen by 31 percent. If the federal minimum wage had kept pace with the rising cost of living over the past 40 years, it would be $10.52 per hour today.

But these same 1 percenters are some of those who block efforts at the local and national levels to raise the minimum wage. In fact, research has shown no job loss results from reasonable minimum wage increases, even when the economy is struggling.

On the contrary, a minimum wage increase boosts consumer spending and can improve the nation’s weak economy by growing demand through increased purchasing power.

This blog originally appeared in ALC-CIO on June 21, 2012. Reprinted with permission.

About the author: Tula Connell got her first union card while she worked her way through college as a banquet bartender for the Pfister Hotel in Milwaukee they were represented by a hotel and restaurant local union (the names of the national unions were different then than they are now). With a background in journalism (covering bull roping in Texas and school boards in Virginia) she started working in the labor movement in 1991. Beginning as a writer for SEIU (and OPEIU member), she now blogs under the title of AFL-CIO managing editor.

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