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Legal Briefs & Testimony

Center for Medicare and Medicaid Services Complaint January 2011

January 20, 2011

This is a complaint that the National Women's Law Center filed in January 2011 with the Center for Medicare and Medicaid Services (CMS) urging CMS to investigate how institutional and individual health care providers are violating their obligations under the Medicare Conditions of Participation, and endangering the health and lives of patients.

Testimony of Helen Blank Before the Subcommittee on Children and Families of the Senate Health, Education, Labor, & Pensions Committee

November 18, 2010

Helen Blank provided testimony on the importance of supporting and opportunities to improve early care and education at the hearing, The State of the American Child: Securing Our Children's Future, before the Senate HELP's Subcommittee on Children and Families. 

Testimony of Marcia D. Greenberger before the Subcommittee on Human Rights and the Law of the Senate Judiciary Committee on the Ratification of CEDAW

November 18, 2010

CEDAW affirms principles of human rights and equality for women, principles that embody American law and values.  It calls upon ratifying nations to take “all appropriate measures,” as determined by each country for itself, to end discrimination against women and girls.  CEDAW stands for the fundamental proposition that women’s rights are human rights.  It is long overdue for the United States to ratify CEDAW, bringing its leadership and vision to this crucial effort to secure equality and justice for women and girls around the world.

Testimony by Judy Waxman, Before the Institute of Medicine Committee on Preventive Services for Women

November 16, 2010

Testimony of Judy Waxman before the Institute of Medicine's panel on what women's preventive services to include at no-cost sharing in all new health plans as defined by the Affordable Care Act.

Amicus Brief: AT&T v. Concepcion

October 06, 2010

In AT&T Mobility, a lower court held that a cell phone contract clause waiving consumers’ right to class arbitration was unenforceable because it was “unconscionable” (that is, fundamentally unfair) under California law.  But the Supreme Court reversed on the grounds that the Federal Arbitration Act (FAA) preempted the California law – a decision that nullifies state laws meant to protect consumers, employees, and others from unfair contract terms. Today, as in the consumer context, many employment contracts include similar boilerplate language requiring arbitration if a dispute arises, meaning that employees cannot pursue discrimination claims in court.  In addition, many of those contracts also preclude class actions in the arbitration that they require. Employees typically must sign such contracts as a condition of employment, and are given no input as to the terms.  The decision in AT&T Mobility, therefore, is a blow to employees, for whom recourse to classwide proceedings – before an arbitrator or in court – was an essential protection.  But now, because AT&T Mobility in essence allows employers to avoid classwide proceedings by contract, many employees will lose the option of banding together to enforce workplace rights. NWLC was one of seven organizations to submit this brief in support of the respondents while it was under consideration.

Amicus Brief: Flores-Villar v. USA

October 05, 2010

Differing requirements for unmarried mothers and fathers to transmit citizenship to children born abroad violate the Equal Protection component under the Fifth Amendment's due process clause.

Testimony of Amy Matsui Before a Joint Hearing of the Department of Labor and Department of Treasury on Lifetime Income Options

September 14, 2010

The National Women's Law Center provided testimony before a joint hearing of the Department of Labor and the Department of Treasury on lifetime income options.

Letter to House & Senate Education Committees re: ESEA Reauthorization and Need for Cross-tabulated Data

July 23, 2010

As advocates committed to the promise of educational success for all of our nation’s children, we write to urge your Committees to adopt an accountability and school improvement approach that will improve outcomes for all students by ensuring that reforms take into account the ways in which the intersection of race, ethnicity, and gender operate for both boys and girls in school.