Posts Tagged ‘ Elena Kagan ’

Walmart Gender Discrimination Suit Update

April 4, 2011
By

Female Justice

The class action gender discrimination suit against Walmart, which had been given a green light by a federal judge and a federal appeals court, could be losing steam in the Supreme Court.

Lawyers for the plaintiffs must prove Walmart had an unlawful policy that led to the discrimination. The UPI explained the challenge they face in trying to prove the class has merit, “The basic claim in the suit is that Walmart maintains a common culture — “the Walmart Way” — to ensure uniformity in its 3,400 stores … but the corporate headquarters gives local store managers unlimited discretion to decide pay and promotions — resulting in lower pay and fewer promotions for women.”

Many close to the case and present in the courtroom said the justices seem divided down gender lines with Justices Sotamayor, Ginsburg and Kagan revealing support for the case in their line of questioning. The St. Petersburg Times reported, “ Ginsburg, who made her legal reputation in sex-discrimination law, said WalMart’s experience shows how “gender bias can creep” into the workplace. It isn’t “at all complicated,” she said. “Most people prefer themselves. And so a decisionmaker, all other things being equal, would prefer someone who looked like him.”

The case was sparked ten years ago by Betty Dukes, a 60 year old store greeter, and claims women at the giant retailer are paid less than men, have fewer opportunities for promotion than their male coworkers, and are poorly represented at the management levels of the organization. This case has also leveled accusations of a work environment that included team meetings at Hooters and requests for women to “doll up.”

Walmart had asked for a review of the appeal court ruling that paved the way for a massive class action suit against the retailer (reports have the size of the class at more than a million).  Treating the case as a class action obviously has major implications for both Walmart and its female employees. If the court rules in favor of the employees, Walmart could face a huge payout. If the court rules against the class, many women could be denied an opportunity to deal with any individual discrimination cases they may have.

Gender discrimination can be challenging to identify and the long-term effects can remain hidden indefinitely. Women must have squeaky clean employment records or risk having their character and work ethic shredded during a suit. And many lawyers won’t take individual cases as the dollars involved don’t make it worth their time.

There is plenty at stake here. A ruling is expected in June.

 

Sexist Campaign Mailer Highlights Women’s Double Bind

March 16, 2011
By

 

Ferlita Mailer

Motherhood and marriage are assets to a woman’s career? We wondered about this back when Elena Kagan was a nominee for Supreme Court and her lack of children was used by opponents as a reason not to appoint her. It never felt that way to this working mother. Not nine years ago when we told our boss we were pregnant and she said we probably wouldn’t be able to hit our sales targets when we returned from maternity leave. Not when we were pregnant the next time and told a different boss. She said she was going to dock our bonus that year since we were planning to take ten weeks of maternity leave. Not when we interviewed for the next job and were asked by the president of the company, the HR director and another member of the management team, “So you’re looking to down shift your career, right?” Not when we were asked just several months ago, “How old are your kids? Are you sure you can handle this job?” Nor did we think motherhood was a career asset when we read about the effects of motherhood on the wage gap.

But apparently, we were wrong. Because when writing about Justice Kagan’s then potential appointment, Michael Roston (not a mother) of True/Slant wrote, “Women with the concrete knowledge of the decision-making that comes with motherhood simply know better – ‘A mother knows best’ as we so often say.”

And now, a mayoral candidate in Tampa, Florida has been deemed unfit for office because she is simply, unmarried. A flyer, alleged to come from the group, “Less Government Now,” is circulating and says this of Furlita,

“Rose Ferlita has put her political ambition first and foremost, while her opponent is a dedicated family man with two children — Ferlita is an unmarried woman with a suspect commitment to family values.”

According to the St. Petersburg Times, the flyer “has been e-mailed to campaigns, journalists and political activists.”

 Wow. Talk about a double bind.

2010 Political Review (Slideshow)

December 31, 2010
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Here is a look back at just a few of the political stories we were talking about in 2010. What do you think 2011 will bring?

The Best Gifts of 2010

December 23, 2010
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Just like it’s happened the last few years, it’s Labor Day and then all of a sudden it’s just a few days until Christmas. And I have errands I never ran, an attic full of unwrapped Santa toys (translation: an all-nighter ahead of me), a list of home improvements I wish we had made before hosting the family party, a few more gifts I should have bought, and I’m panicked there won’t be enough food or wine (even though there always is).

And so, like I do every year, I say, “To hell with it all, that’s not the point anyway,” and I make a list of all that is good, in order to reconnect with my Christmas spirit. And here at Hello Ladies, we have received many gifts this year. Allow us to share them with you.

The Best Gifts of 2010

Don’t Ask Don’t Tell was repealed bringing hope to people fighting for equality of all kinds everywhere.

Elena Kagan became a Supreme Court Justice, bringing a critical mass of women to the highest court.

Jill Miller Zimon, the writer behind the blog, Write Like She Talks, took office as a City Council Member in Pepper Pike Ohio. We don’t have any idea where Pepper Pike is, but  any smart woman blazing her way in politics is a gift to all of us.

Ten women won Pulitzer Prizes for excellence in journalism and the arts.

Writer Sady Doyle formed a Twitter army, and waged a battle against hate, misogyny and rape culture. Thank you Sady. Read about her efforts here.

Hollaback, the organization dedicated to ending street harassment, launched an iPhone app, as well as several more sites around the U.S.

And finally, we made real progress toward true gender equality when Spanx launched a line of shapewear for men. Welcome to the club boys.

Merry Christmas dear readers.

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Kagan Approved; Brings Critical Mass to Supreme Court

August 5, 2010
By

The Senate voted today to send Elena Kagan to the Supreme Court. Kagan is only the fourth female justice, out of 111 total, in the history of the Supreme Court and is now one of three women currently on the bench joining Justices Ruth Bader Ginsburg and Sonia Sotamayor. With Kagan’s appointment, women have now reached critical mass on the Supreme Court.

Critical mass is explained in the White House Project Report “Benchmarking Women’s Leadership” as, “an idea that has moved from science and sociology to political science and into popular usage over the last 30 years. The concept is borrowed from nuclear physics:  it refers to the quantity needed to start a chain reaction, an irreversible propulsion into a new situation or process.” When women reach critical mass in senior leadership positions, many organizational experts believe the perception of those women shifts from token representation or special interest to fully integrated  members of the group.

Kagan’s appointment could be a boost for female lawyers. The legal sector is far from reaching critical mass. Despite the fact more women than men are obtaining law degrees, men outnumber women partners in private firms significantly. According to a new report, “New Millennium, Same Glass Ceiling? The Impact of Law Firm Compensation Systems on Women” from the Project for Attorney Retention and the Minority Corporate Counsel Association, women represent just 16 percent of equity partners nationwide and experience a higher rate of attrition than men. Just one in four judges is female, according to the White House Project Report. Hopefully, the three women on the Supreme Court will inspire others in the industry to move past outdated stereotypes and operating procedures and develop the support systems necessary to bring much-needed diversity to the legal profession.

News from Around the Web

June 28, 2010
By

Elena Kagan

We partied like 6 year old rock stars this weekend (mini-golf, bumper boats, birthday party, beach and boogie boards) and now we are dragging. We’ll be back tomorrow with some thoughts on the Census Bureau data that reveals more women are choosing not to have children.

In the meantime, here are a few interesting stories and tidbits from around the web:

The Senate Judiciary Committee begins confirmation hearings today for Supreme Court nominee Elena Kagan. If confirmed, Kagan will be the fourth women to sit on the high court and it will be the first time there we have a critical mass of women on the bench. To help you follow the hearings, The National Women’s Law Center has published “The Thinking Women’s Guide to the Supreme Court Hearings.”

West Virginia’s Robert Byrd, the longest serving member of the Senate, passed away today at the age of 92. Speculation has begun as to whether or not his passing will affect the Democrat’s financial reform bill and even the Kagan hearings.

From CBS, “Ten Angry Women Stop One Peeping Tom, Say Tenn. Cops” According to police in Church Hill, Tenn. A group of women prevented a suspected peeper from leaving a thrift store until police arrived after one of the women discovered a peep hole in the dressing room. Women can accomplish anything when they work together.

And finally, we are sponsoring a contest this week over at The SkinnyScoop. Answer the question, “Do you think a woman will be elected president in your lifetime?” and you could win a YogiboMax.

It’s the End of Men as We Know It

June 11, 2010
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Hanna Rosin has written an interesting and complex article at The Atlantic titled, “The End of Men.” Citing the recent shift in the national payroll – more women are reporting to work than men, and the fact that two women per every one man are graduating college, Rosin asks, “what if equality is at a standpoint?” Perhaps, she posits, our postindustrial society is better suited to accommodate women.

It’s an interesting concept following closely on the heels of Maria Shriver’s report, “A Woman’s Nation Changes Everything.” After all, women are the breadwinners or co-breadwinners in two-thirds of U.S. households. And, we control 85 percent of consumer purchasing power. Women even represent just a tiny percentage more of the population than men do. Beyond the statistics, women have had some recent, high-profile successes. Two women just won their primary races in California – Meg Whitman in the governor’s race and Carly Fiorina in the Senate race (where she will face another women opponent, Senator Barbara Boxer in the final election). More women than ever before were awarded Nobel prizes this past year, including the first woman to win the prize for economics. And we are close to reaching a critical mass of women justices on the U.S. Supreme Court if President Obama’s nominee Elena Kagan is confirmed.

But neither statistics nor individual anecdotes tell the whole story. For every Sonia Sotamayor, or Urusla Banks, (the CEO of Xerox who succeeded another women, Anne Mulcahy) there are multiple women struggling to take home a fair paycheck, managing a disproportionate amount of housework to the tune of 53 percent more, or dealing with domestic violence and sexual assault. It’s unlikely anyone will convince those women that we’ve achieved equality, not even the dozens of college women interviewed for The Atlantic story who believe women will “hold the cards” in this new economy.

Rosin must have anticipated responses like mine when she penned the piece because early on she writes, “In feminist circles, these social, political, and economic changes are always cast as a slow, arduous form of catch-up in a continuing struggle for female equality.” That is indeed how I view things. After all, yesterday was the 47th anniversary of the Equal Pay Act and the wage gap has widened in recent years. Women still earn, on average, just .77 cents for every dollar a man earns. That, to me, is “a slow, arduous form of catch-up.” But I also know that perspective matters and where I see the glass half empty, others see it half full.

As evidence that the new world may be better suited for women, Rosin cites some of the same ideas that those of us advocating for the advancement of women have cited. She writes, “The attributes that are most valuable today—social intelligence, open communication, the ability to sit still and focus—are, at a minimum, not predominantly male.” She says that in the white collar world, communication skills and social intelligence are required, and there again, women have the advantage.

And among the working class, she says, the gender role reversal is “obvious and painful.” Men who were once solidly in place as the heads of households now struggle, not only to make child support payments, but to cope with women who are economically and emotionally independent of them.

Things are changing, no doubt. But it’s not the end of men. They still run the White House, and Capitol Hill, and Fortune 500 companies, and newsrooms, and organized religion. But it could be the end of men as we know it. Women have successfully adapted to societal and economic shifts over the years. They were cheap labor in the textile mills then formed labor unions to protect themselves. They entered the workforce in large numbers after the Civil War took so many men’s lives and again during World War II while the men were away fighting. Then they handed those jobs back to the men when the war ended. And now they are moving into breadwinner roles while still mostly managing life at home.

If men can demonstrate the same ability to adapt, letting go of how it used to be and moving forward to how it will be, then perhaps we can move into a “modern, postindustrial society.” Women will make progress, gender roles will shift, and the men will be just fine.

So if Robin Givhan isn’t sexist…

May 26, 2010
By

Robin Givhan

By now you’ve probably heard that Washington Post fashion columnist Robin Givhan took on Supreme Court nominee Elena Kagan and her wardrobe in Givhan’s column this past weekend. She wrote about Kagan, “mostly she embraced dowdy as a mark of brainpower.”

Why is it the media always assumes women who don’t relish fashion are making some kind of statement? Last month Kate Betts at The Daily Beast tackled Hillary Clinton’s wardrobe and “distinctly dowdy pumps.” Betts wrote about Clinton’s Oscar de la Renta suits, “She wears them to fit in, not to stand out, and that’s what bugs me.”

How does Betts know that? And how does Givhan know Kagan dresses to send a message about her brains? They don’t. Yes fashion can make a statement – a powerful one at that – but only for the people who care about that stuff.

Remember that episode of “Sex and the City” when Berger says to Miranda about a guy who never called after the first date, “he’s just not that into you“? Well guess what Givhan and Betts, some people just aren’t that into fashion. Some people, believe it or not, wear clothes because they have to – clothes keep them warm and prevent sunburns in uncomfortable places. Just like some people eat to live, not because food is a passion or a comfort. It’s surprising these fashion writers don’t grasp that.

More surprising however, is Givhan’s critique of Kagan’s posture. Writes Givhan, “In the photographs of Kagan sitting and chatting in various Capitol Hill offices, she doesn’t appear to ever cross her legs. Her posture stands out because for so many women, when they sit, they cross.”

Givhan claims she wasn’t being sexist when she wrote that. I don’t buy it. First of all, this appeared in the Washington Post. Second, we’re talking about the same woman who once covered Hillary Clinton’s cleavage. And third, how many powerful men have poor posture, bad wardrobes, or worse, boorish behavior that the media never covers? I have been in meetings on three different occasions when three different men clipped their nails. Were those men sending a message or just being gross?

The way I see it, if Givhan won’t admit she was being sexist, then she should at least admit she doesn’t know much about fashion. So which is it?

  

Motherhood: the key to your career

May 17, 2010
By

Okay, I definitely missed a memo. Apparently, motherhood is now an asset for working women. Who knew? I spent years in the office downplaying my life as a mother for fear I would be exiled to The Mommy Track, never to get a promotion again. Apparently I should have flaunted the fact I had children.  After all, critics are saying the problem with Elena Kagan, President Obama’s Supreme Court nominee, is that she is not a mother.  

I wanted to write in depth on this topic today. However, I am a working mother and I was up all night with my sick 5 year old. My daughter and I finally fell asleep around  5:15 this morning but then my son woke me up at 8:15 so he could give me a kiss before he went to school. And now, I am too tired to write a coherent sentence. Want to hire me?

So instead, I have complied some of the recent stories on Kagan and motherhood. What do you think? Oh, and if there is a mother out there who actually had eight hours of sleep, can you answer this question for me: If Kagan isn’t qualified to rule on work-life balance issues, then are men qualified to make laws about women’s bodies?

Then Comes the Marriage Question” by Laura Holson at The New York Times

“Is ‘careerism’ the new ‘empathy’?” by Susan Reimer at The Baltimore Sun

The Supreme Court needs more mothers” by Ann Gerhart at The Washington Post

“Elena Kagan sends us on the way to a motherless Supreme Court” by Michael Roston at True Slant

Are Mothers Better than Everyone Else?” by Bella DePaulo at Psychology Today

Is Elena Kagan a Careerist?

May 13, 2010
By

“She seems to be smart, impressive and honest — and in her willingness to suppress so much of her mind for the sake of her career, kind of disturbing.” So wrote New York Times op-ed columnist David Brooks about President Obama’s Supreme Court nominee Elena Kagan.

Kagan is a tough nut for the media to crack. Three days after the President named her as his nominee, there is still no “wise latina” controversy to feed on. Yes her sexual orientation has been questioned and her appearance has been criticized, but that’s about as deep as it gets. And wise Americans know it’s also irrelevant. Neither the left nor the moderate right can confidently claim her as their own because Kagan has not left much of a paper trail in the course of her distinguished career. Aside from a memo about late term abortions – more strategic than opinionated, Kagan has managed a stellar, and mostly neutral career. And so, we criticize her for that. Critics are saying Kagan is a careerist.

Careerists don’t make the best friends. They’ll blow off drinks for a deadline. They usually don’t make the best spouses or the best parents. But if they have savvy and brains, they do make it to the top of their chosen careers.  And someone needs to get there.

Career and political ambition isn’t always considered a bad thing. When someone makes a plan to reach the top of their profession and then achieves that goal we often note they have focus or they were groomed for the job. But in Elena Kagan this trait is “disturbing.”

To be fair, David Brooks never actually calls Kagan a careerist. But he is clearly bothered by her drive. Is Brooks a sexist?

Maybe not. Brooks likens Kagan to the “Organization Kids” at elite colleges. He writes, “These were bright students who had been formed by the meritocratic system placed in front of them. They had great grades, perfect teacher recommendations, broad extracurricular interests, admirable self-confidence and winning personalities.” And he notes, “There’s about to be a backlash against the Ivy League lock on the court.”  If Kagan is confirmed, all of the Supreme Court Justices will be Harvard or Yale Law graduates. And that could be what’s bothering Brooks.

But Brooks is a smart man. His own career has been spent working at what could be considered the elite publications: The Wall Street Journal, The Weekly Standard, Newsweek, The Atlantic Monthly, and now The New York Times. Surely he sees that the” Organization Kids” are running rampant in Washington. So when he decides to call one out, one who happens to be a woman nominated for the Supreme Court, he’s got to realize his timing is “kind of disturbing.”

Perhaps even more disturbing than Brooks’ column, was the follow on piece by Andrew Sullivan in The Atlantic. Sullivan writes, “David Brooks’ column today really helped crystallize for me my qualms about Elena Kagan. Her life, so far as one can tell, is her career, and her career has been built by avoiding any tough or difficult political or moral positions, eschewing any rigorous intellectual debate in which she takes a clear stand one way or the other, pleasing every single authority figure she has encountered, and reveling in the approval of the First Class Car Acela Corridor Elite.”

That sounds like much of Washington to me. And much of Wall Street, and the Fortune 100, and the big, non-profits run by privileged Ivy Leaguers too. So what’s the problem? Sullivan laments the fact Kagan’s life lacks any personal struggle. “Not a single anecdote in her life-story would be out of place in a Rhodes Scholar application – and I mean that as damning.”

Pity Brooks and Sullivan can’t grasp any real understanding of what the climb to the top might actually be like for a woman like Kagan.  I’ve conducted many interviews with women executives and based on those discussions, here’s what a woman’s career might entail – there’s plenty of personal struggle.

She would need to have a perfect academic record to compete with the men. Studies show the system would be stacked against her getting hired and getting promoted. She would have to have a perfect work record; she couldn’t afford any red flags in her personnel file. She would need to ask for plum assignments without being labeled as too aggressive.  She would have to seek out her own mentors; most likely they wouldn’t come calling for her. She could never appear weak; she’d learn to walk the fine line between assertive and “bitch.” She better not be too pretty; but being just pretty enough could be an asset. She would have to check parts of her personality at the door; lest she get labeled emotional. And she’d be in constant danger of getting placed on the mommy track. Then again, she might get dinged for not choosing motherhood.

And her reward for all of that would be more than just making it to the top. It would be her opportunity to use her power for good when she got there. It takes power and influence to affect change. And it takes being “prudential, deliberate and cautious,” as Brooks describes Kagan, to make it into a power position.

Will Kagan use her power for good not evil? None of us can know for sure.  And I think that’s what really bothers Brooks and Sullivan. We can only hope. All we know for certain is Kagan is driven. And last I checked, there was nothing wrong with that.

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