Skip to contentNational Women's Law Center

Womenstake, NWLC's Blog

Disorderly Conduct: Working Families Need More Than a Day Off

Posted by Valarie Hogan, Fellow | Posted on: May 07, 2013 at 02:14 pm

Just in time for Mother’s Day here comes the “Working Families Flexibility Act.” This bill is the Mother’s Day equivalent of coal in your stocking for Christmas. It takes hard-earned overtime pay out of working women and men’s pockets in exchange for the illusory promise of comp time.

While the bill’s supporters claim that there is nothing coercive about offering a comp time alternative to overtime pay, they do so against a backdrop of rampant violations of low-wage workers’ rights to overtime. In a study of low-wage workers in major cities, 76% said they worked overtime without being paid time and one-half. It is a safe bet that enacting a comp time law would give rise to a whole new category of wage and hour abuses. This wolf-in-sheep’s-clothing bill requires time-starved employees to work extra hours just to get time off to take care of their families, and gives employers decision-making power over when and whether they can take that time off.

Read more... Add new comment

Teen Mom Proves we Need the PPSAE Now More than Ever

Posted by Becka Wall, Program Assistant | Posted on: May 07, 2013 at 12:50 pm

My senior year of college, two of my roommates and I watched Teen Mom CONSTANTLY. I liked to pretend I wasn’t watching it, but the conversation usually went something like this:

Becka (standing in doorway): “Oh jeez, guys. You’re watching this?”

Arielle: “Yes. Absolutely.”

[10 minutes later]

Rachel: “…Do you want to sit down?”

Becka (still standing in doorway): “…..Yes. FARRAH’S CRYING FACE IS CRAZY.”

When you watch the show, the difficulties of teen parents and pregnant students become painfully clear. Recently, I was re-watching Season 1 on Netflix Instant, and it clicked – wow. The Pregnant and Parenting Student Access to Education Act would REALLY help these girls.

Title IX already affords a number of protections to pregnant & parenting students. This law requires that schools receiving federal funds not discriminate against students on the basis of sex, which includes pregnancy and related conditions like childbirth, pregnancy termination, and recovery. This prohibition against discrimination comes in a number of forms – for example, students must not be forced to attend a different program or school than their peers, must be given the opportunity to make up missed work for pregnancy-related absences, must be treated the same as if they had a temporary disability, and may not be excluded from sports or extracurricular activities.

The Pregnant and Parenting Student Access to Education Act (PPSAE) is designed to go beyond nondiscrimination by giving students the tools they need to succeed. It would enable school districts to – among other things – create graduation plans for pregnant and parenting students; provide academic support, parenting and life skills classes, strategies to prevent future unplanned pregnancies, and legal aid services; help pregnant and parenting students gain access to affordable child care, and revise school policies and practices to remove discouraging barriers. Pretty great, huh?

Read more... Add new comment

Title VII’s Disparate Impact Doctrine: The Difference It’s Made for Women

This post was cross-posted from ACSBlog.

This week the Senate HELP Committee will vote on the nomination of Thomas Perez to be the next Secretary of Labor. In the midst of the many unfair and unfounded attacks lobbed against Mr. Perez in recent weeks, an important legal doctrine for combating sex discrimination has also come under attack: disparate impact. Under Mr. Perez’s leadership as the Assistant Attorney General for Civil Rights at the Department of Justice, the Department has employed the longstanding disparate impact analysis to combat employment discrimination. Its application is not only legally sound, but exceptionally important to eliminate discrimination and further justice.

The Supreme Court and Congress have long made clear that Title VII of the Civil Rights Act “prohibits employers from using employment practices that cause a disparate impact” based on sex and other protected classes. The doctrine of disparate impact allows for a remedy when an employment practice that may be neutral on its face has an unjustified adverse effect on members of a protected class.

Disparate impact has been crucial to addressing entrenched discriminatory employment practices. Indeed, women’s entry into high-wage, nontraditional occupations has been made possible in large part by challenges to unfortunate employment practices that disproportionately disadvantage women, which would have otherwise remained unchanged but for the Title VII’s disparate impact doctrine. Courts, for example, have struck down height, weight or strength requirements implemented by employers in police departments, fire departments, in construction and in correctional facilities because the requirements were not related to job performance, but instead reflected stereotypes about the skills required for a position. Moreover, there are often alternative practices that may both satisfy job performance demands and allow for a diverse workforce.

Read more... Add new comment

Seriously??? Teen Mom’s Photo Excluded from Yearbook

Just when I thought I had seen it all, and right on the heels of our announcement two days ago of a great Title IX pregnancy discrimination settlement with the City University of New York, my colleague forwards me this article and video from HuffPo. Apparently last summer a North Carolina high school allowed its rising seniors to pose for senior photos with props that represented their achievements, who they are, what they like, etc. Some students posed with footballs, some even posed with their family pets, and teen mom Caitlin Tiller posed with her baby. Touchingly, Caitlin explains that her son “helped me get to where I am today.” She said that after giving birth she started to work harder in school – she even graduated early, began college classes in January and got a part-time job working 30 hours a week. She added: “I wouldn’t be the person I am today without him.”

Still, a month ago school officials told Caitlin that they would not print the photo of her with her baby. They said the baby should not be pictured because he is not “school related.” Boy, would I love to hear them explain how a family pet is “school related.”

Read more... Add new comment

Will Congress Pay as Much Attention to Children as Airplanes?

Posted by Karen Schulman, Senior Policy Analyst | Posted on: May 03, 2013 at 03:52 pm

Congress recently acted with uncharacteristic speed to undo the cuts to air traffic controllers implemented as part of the “sequester” (the across-the-board federal budget cuts), before flying home to their districts for a weeklong break. While making sure that the cuts did not cause them delays at the airport, they ignored the cuts that are affecting vulnerable women and children across the country. These include cuts to a range of crucial supports for families such as child care assistance and Head Start.

The National’s Women’s Law Center’s new fact sheet describes the importance of child care assistance in helping parents afford the care they need to work and support their families, and ensure their children are in safe, reliable care that fosters their learning and growth. Congress should be investing more in child care assistance, not chipping away at the help there is through arbitrary budget cuts.

Read more... Add new comment

Women’s Employment Update: Adult Women’s Unemployment Hits Four-Year Low Despite April’s Tepid Job Growth

Posted by Abby Lane, Fellow | Posted on: May 03, 2013 at 03:18 pm

Here’s a highlight for you in the release of last month’s jobs data: in April, adult women’s unemployment rate fell to its lowest point in more than four years. That’s right, the last time unemployment was this low was in the first months of 2009.

But hey there, hold your horses. Don’t get too excited yet!

While this number may be looking pretty good, the overall story just isn’t quite as nice. April brought in another month of slow job growth and slow monthly gains mean that it still could take years to recover fully from the recession. Over at the Economic Policy Institute, economist Heidi Shierholz writes, “In good times this would be fine, but at a time of persistent economic weakness, it represents an ongoing disaster.”

So what else stands out in today’s jobs report? Here’s what caught my eye as we crunched the numbers for today’s NWLC analysis:

  • 6.7 percent: This represents the good. Unemployment rates continue to fall, and women’s unemployment rate hit a four-year low last month at 6.7 percent. In April, adult men’s unemployment rate ticked up slightly, while the overall unemployment rate fell ever so slightly, also to a four-year low. Overall, we’re doing better, but we’re gaining jobs at a crushingly slow pace, especially compared to earlier recoveries.
Read more... Add new comment

To President Obama, with Love

Posted by Amy Qualliotine, Outreach Associate | Posted on: May 03, 2013 at 10:32 am

A few weeks ago, President Obama announced an ambitious agenda for early care and education. This plan would expand access to the high-quality early learning opportunities we know help put children on a path to success!

Thank you, President Obama!

You know who is excited about this plan? KIDS (and their parents who understand just how important early learning experiences are to their future success)!

Next week, members of the Strong Start for Children – Building America’s Future campaign will be delivering notes to President Obama thanking him for prioritizing the needs of America’s youngest and most vulnerable children. Thank You notes have been pouring into our office and the offices of our campaign partners across the country, and we are getting very excited about getting them to the President.

Read more... Add new comment

We Have a Decision: West Virginia Governor Will Accept Federal Money to Cover Hard-Working Women and Families

Posted by Anna Benyo, Senior Health Policy Analyst | Posted on: May 02, 2013 at 04:22 pm

West Virginians scored a huge win today! WV Governor Earl Ray Tomblin decided to accept federal funds available under the health care law to cover more hardworking women and families through the Medicaid program. After months of activism by fantastic on-the-ground organizations like WVFREE and state advocates, Governor Tomblin made the right call.

Why this decision is so important? Today’s announcement means that:

  • Over 67,000 women in West Virginia could be eligible for coverage.
  • When combined with other reforms in the health care law, this coverage expansion could reduce uninsurance in West Virginia by over 67%.
  • It will bring in $721 million federal dollars, and could save West Virginians over $281 million in uncompensated care costs.

Why Medicaid Expansion is Good for West Virginia

Read more... Add new comment