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Valarie Hogan, Fellow

Valarie Hogan is the Margaret Fund Fellow at the National Women's Law Center, where she focuses on issues related to education and employment. During law school, Valarie worked on various issues related to education, including special education and school discipline, as an intern at the EdLaw Project in Boston, the Education Law Center in Philadelphia, the U.S. Department of Justice Educational Opportunities Section in Washington, D.C., and Justice for Children and Youth in Toronto. Most recently, Valarie was an associate at Wilson Sonsini Goodrich & Rosati, P.C. in Washington, D.C. Valarie is a graduate of the University of Georgia and Harvard Law School.

My Take

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.

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Zero Tolerance Policies & Police Officers in Schools Don’t Mix: FL Teen Charged with Felony After a Failed Science Experiment

Posted by Valarie Hogan, Fellow | Posted on: May 02, 2013 at 01:57 pm

The Nutty Professor was a landmark role for both Jerry Lewis and Eddie Murphy. As I’m sure you all know, the main plot line is driven by the scientific prowess of the professor, who develops a serum that transforms him from a science-loving nerd into a smooth-talking, lady-chasing hunk. The movie is a parody of Dr. Jekyll and Mr. Hyde and, fittingly for the comedians who have played the main character, it is hilarious. The original 1963 film was even selected for preservation in the United States National Film Registry by the Library of Congress as being “culturally, historically, or aesthetically significant.”

However, the recent transformation of a 16 year old girl, who “mixed some common household chemicals in a small 8 oz water bottle on the grounds of Bartow High School . . . [which] caused a small explosion that . . . produced some smoke, [but] . . . [n]o one was hurt and no damage was caused,” into a felon stretches the limits of my imagination. Unfortunately, this type of story is also culturally, historically, and aesthetically significant: the school-to-prison pipeline disproportionately affects youth of color, and women (especially women of color) continue to be underrepresented in the STEM (Science, Technology, Engineering, and Math) fields – a topic even NASA has begun to address head-on.

I guess truth really is stranger than fiction.

According to reports, the student was taken into custody by a school resource officer (“SRO”) and charged with “possession/discharge of a weapon on school grounds and discharging a destructive device.” The student was subsequently expelled from school and will be charged as an adult.

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Study: The School Discipline Gap is Much Worse than Initially Expected

Posted by Valarie Hogan, Fellow | Posted on: April 15, 2013 at 10:57 am

Long gone are the days when small infractions of the student code required writing something on the board 100 times. But, even if those days were still here, you would probably see more minority students and students with disabilities being subject to punishment. Unfortunately, these children are now being excluded from school at alarming rates:

Nearly 1 in 4 Black students were suspended during the 2009-2010 school year.

Nearly 1 in 5 students with disabilities were suspended during the 2009-2010 school year.

For white students and students without disabilities that figure is 1 in 14. The Center for Civil Rights Remedies (an initiative of the UCLA Civil Rights Project) revealed these shocking statistics in a recent study, Out of School and Off Track: The Overuse of Suspensions in American Middle and High Schools, that analyzed the U.S. Department of Education’s Civil Rights Data Collection. The Center also released a summary of sixteen new research studies that describe the “school discipline gap, contributing factors, and the benefits of reducing disparities for students.”

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Disorderly Conduct: The House of Representatives Should Allow a Vote on the Paycheck Fairness Act

Posted by Valarie Hogan, Fellow | Posted on: April 12, 2013 at 04:12 pm

As children, we all learn the Golden Rule: Treat others the way you would like to be treated. This basic rule, however, appears to have been left out of Robert’s Rules of Order, a widely used authority on parliamentary procedure and the basis for many of the rules in the U.S. Congress. Of course, we need rules and order, but if you’ve ever seen the Prime Minister’s Questions on CSPAN then you understand that parliamentary procedure does not dictate collegiality.

Yesterday, the House of Representatives voted on the rules of debate for H.R. 1120 – a bill concerning the functioning of the National Labor Relations Board. Unfortunately, a little discussion of the rules for debate in the House of Representatives is necessary, but I’ll keep it simple. For just about every bill introduced in the House, the Representatives first vote on the rules of debate for the bill. Before they take the vote, someone must “call the previous question” in order to end debate. Then the Representatives vote yes or no on the motion. 

This is the kind of procedural rule that is confusing and obscure enough that the majority party in the House is able to use it to its advantage – and often does. This time it was used to prevent a vote on the Paycheck Fairness Act.  Doesn’t seem like they are following the Golden Rule now, does it?

It’s not too late, though! Yesterday morning, Congresswoman Rosa DeLauro (D-CT) filed a discharge petition on the Paycheck Fairness Act that would force the bill to the House floor for a vote.

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It’s Time to Shine A Light on Compensation Data

Posted by | Posted on: April 09, 2013 at 12:50 pm

Oh, glorious spring! The sun is shining, the birds are singing, and all of the metaphorical references to the significance of the season begin again. It’s time to renew, revive, recharge! Unfortunately, federal efforts to collect employee compensation data more closely resemble a tree in winter: frozen and dormant; its fruit trapped in its branches.

A coalition of advocates for equal pay recently sent a letter to President Obama highlighting the problem:

[T]here currently is no mechanism for federal enforcement agencies to detect widespread wage discrimination, even when it occurs in our nation’s largest employers.

If alarm bells aren’t going off inside your brain right now, here’s why they should be:

  1. 50 years after the Equal Pay Act became law, women are still paid 77 cents for every dollar paid to a man; yet, the government does not have the basic information it needs to enforce this law;
  2.  The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (EEOC) already collect data to aid in the enforcement of other civil rights laws but still do not collect information about pay; and
  3. The vast majority of Americans support federal actions that give women more tools to get fair pay in the workplace.

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