Joan Williams

 

Recent Posts by Joan Williams

  • Occupy Wall Street's Middle Class Vision for the Left

    Oct 17, 2011Joan Williams

    occupy-journalOccupy Wall Street could bring disaffected blue-collar workers back into the progressive fold by recasting the left as the voice of the middle class.

    occupy-journalOccupy Wall Street could bring disaffected blue-collar workers back into the progressive fold by recasting the left as the voice of the middle class.

    When the second Google hit (after Wikipedia) for "corporate cronyism" links to a speech by Sarah Palin, you know why progressives need Occupy Wall Street.

    Occupy Wall Street's power lies in the "We are the 99%" theme. The poignant and evocative stories on the Tumblr of that name feature hard-working, settled, middle-class families who have had the rug pulled out from under them by recent economic conditions. A single mom who put herself through college and grad school only to lose her job due to chronic illness, who now can't sell her house and worries that her children and grandchildren don't have much of a future. A 38-year-old cancer survivor, unemployed and with $50,000 in student loans, who can't get health insurance. A 21-year-old making $10.50 an hour at one job and looking for another so she no longer has to choose between paying bills and eating, who sleeps in her car because she can't get approved for an apartment. Her parents can't help because her father lost his job, "the bank took our house," and her mother is sick and can barely afford her medicine.

    These are stories of the tremendous toll taken by the Great Recession on middle-class Americans who have done everything right: they work hard, seeking a second job if the first cannot support them; they scrimp and save to buy a house; they pay their bills on time. And then they tumble out of the settled middle class due to illnesses, or a lost job, or an accident -- things over which they have no control.

    These are stories of the group that has shifted sharply Republican since 1970. Actually, it's only the whites in this group who have shifted: Blacks of all classes still vote overwhelmingly Democratic. But Democrats have lost many nonunionized whites in what Theda Skocpol has called the "missing middle" -- the middle 50% of Americans, whose median income is $64,000. I will call them blue collar, although the sad fact is that many of the blue-collar jobs that offered a stable middle class life have long since disappeared, leaving many in low-paid pink or routine white-collar jobs that offer very low pay and no benefits.

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    Occupy Wall Street's focus on this group is a big change from the Democrats' focus, since about 1965, on the poor -- the bottom third of Americans whose median income is $19,000. While the poor no doubt need help, so do the missing middle. While the standard of living of blue-collar families doubled between the end of World War II and 1973, blue-collar jobs disappeared after that, and the standard of living in blue-collar families stalled out despite the fact that wives entered the workforce. Even more devastating, the cherished stability these families enjoyed in the 1950s and 1960s evaporated due to the "great risk shift" documented by Jacob Hacker. That's the message of the "We are the 99%" movement.

    Understandably, Republicans are alarmed. They have launched a counteroffensive called "We are the 53%" -- that's the percentage of Americans who pay federal income taxes. This represents a move that, for Republicans, is tried and true: it seeks to bond the missing middle to the business elite. For once, progressives are contesting this narrative by articulating in very clear and concrete terms what blue-collar families share with newly vulnerable professionals.

    So Occupy Wall Street has definite potential. It's worth pointing out, though, that this potential can easily be squandered. Republicans already have begun to malign the movement as composed of "trust fund hippies." This is a smart move. One of the things that drove blue-collar whites out of the Democratic camp was the rise of hippies and yuppies (or trustafarians) whose willingness to take risks were -- unbeknownst to them -- perceived as enactments of upper-middle-class privilege. It didn't help when hippies called the police -- who had good, stable, respected blue-collar jobs -- "pigs."

    I hope that Occupy Wall Street avoids all this. If they reinforce the trust fund narrative, their activism will further reinforce the hold of Wall Street Republicans. But if they avoid that, and if the Democrats take the hint and begin to listen to the 99%, Occupy Wall Street could be the beginning of something big.

    Joan Williams is the author of Reshaping the Work-Family Debate.

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  • The Thurgood Marshall of the Women’s Movement

    Sep 16, 2011Joan Williams

    ruth-bader-ginsburgSome life lessons learned from a conversation with Supreme Court Justice Ruth Bader Ginsburg.

    Ruth Bader Ginsburg's mother left her with two key pieces of advice: Be independent, and be a lady. She's both.

    ruth-bader-ginsburgSome life lessons learned from a conversation with Supreme Court Justice Ruth Bader Ginsburg.

    Ruth Bader Ginsburg's mother left her with two key pieces of advice: Be independent, and be a lady. She's both.

    I was able to talk with the Justice about everything from her mother to the role of international law in American courts to her now infamous plane ride on Thursday night during an onstage interview at University of California Hastings. There are few lawyers in history who have done more to advance women's rights than Ruth Bader Ginsburg. Here are a few things we can all learn from her.

    1) "Begin at the beginning"

    When Ginsburg first started working for the ACLU in the early 1970s, there was no legal protection against gender discrimination. The Equal Protection Clause of the 14th Amendment guaranteed equal rights -- but for 104 years courts had held that it applied only to race, not to gender. What, I asked her, made her think she could change that?

    "The times," Ginsburg said. "The Court is a reactive institution. It's never at the forefront of social change. There's always a movement in society that's pushing the Court."

    The times may have pushed the Court, but Ginsburg certainly helped. The landmark case of Reed v. Reed challenged a law stating that if a conflict arose between a man and a woman over the administration of an estate, the man would always get precedence. The plaintiff, Sally Reed, was a mother whose son had killed himself in his father's care. For the first time, the Court held that women are equally protected under the Constitution -- and Reed was able to oversee her son's estate.

    Over the next few years, the ACLU Women's Rights Project, under Ginsburg's leadership, brought or helped bring several other landmark cases before the Court, including Frontiero v. Richardson, in which Justice Brennan famously wrote that romantic paternalism puts women "not on a pedestal, but in a cage."

    2) Men are included in feminism

    At the same time that Ginsburg was working on Reed v. Reed, she was also litigating a parallel case, known as the Moritz case, in which a man caring for his ailing mother was denied a tax break automatically available to female caregivers on account of his gender. She said incorporating the fight for male gender equality into the women's rights movement was part of her litigation strategy.

    "What we wanted was to open all doors, for men and for women," she said.

    This two-pronged strategy continues to be truly revolutionary to this day. Gender pressures on men play as big a role in shaping society as gender pressures on women, and it remains true that how we define masculinity is as important to the feminist movement as how we define femininity.

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    3) Find a partner who's really a partner

    Ginsburg thinks women can have it all -- because she did. A husband, two kids, a successful career. Talking to her, it's clear that she was able to get to where she is today only because of her relationship with her husband Martin Ginsburg, whom she calls Marty.

    "In a family, there's balance," she said. "When Marty was starting out and eager to make partner, I did the lion's share of taking care of [our daughter] Jane and the housework."

    Ten years later, when Ginsburg was appointed to the DC Court of Appeals, her family moved with her from New York. For Marty, that meant leaving the law firm where he was a partner and transferring from Columbia Law School, where he had just gotten tenure, to Georgetown.

    At the time, it was almost unheard of for a man to move for his wife's career, and many people assumed Ginsburg was commuting to DC from New York. At parties and dinners in Washington, she remembers, the confusion was even more basic: "I would be introduced as Judge Ginsburg and a hand would extend to Marty."

    "That stopped when I got to the Supreme Court," she added.

    4) Be a little bit deaf

    On her wedding day, Ginsburg's future mother-in-law told her the secret of a happy marriage: "It helps to be a little bit deaf."

    Ginsburg has taken this strategy to the Supreme Court, where her eight colleagues span a wide range of political ideologies. The judges' differing political stances have led to what she has called "spicy opinions."

    "We don't merely respect, but also genuinely like each other," she said. "Scalia is my biggest buddy at the opera."

    While Ginsburg and fellow justice Antonin Scalia couldn't be more different on the bench, they've been friends for three decades. They've even traveled together. On a 1994 trip to India, a picture was taken of the two together on an elephant.

    "It was quite a magnificent, very elegant elephant," Ginsburg said of the experience. "And my feminist friends, when they see the photograph of Ginsburg and Scalia on this elephant, say, 'Ruth, why are you sitting in the back?'"

    She's said in the past that her choice of seating was related to distribution of weight. Regardless, when it comes to the things that matter, she's not one to sit in the back. And I, for one, want to thank her for it.

    Joan Williams is the author of Reshaping the Work-Family Debate. Rachel Dempsey contributed to this article.

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  • Is Work-Life Balance An Economic Necessity?

    Sep 2, 2011Joan Williams

    women-and-moneyWhen given an ultimatum between children and career, many women go with the latter.

    In the debate over work-life balance, there's one argument we can't seem to move past: Women have made a choice to have kids. Now they have to live with their decision and all of its consequences.

    women-and-moneyWhen given an ultimatum between children and career, many women go with the latter.

    In the debate over work-life balance, there's one argument we can't seem to move past: Women have made a choice to have kids. Now they have to live with their decision and all of its consequences.

    But this argument rests on an underlying assumption that, when challenged, just doesn't hold up. If faced with a stark choice between work and family, the Jack Welches of the world seem to think women are going to choose family, while men are going to choose work. Otherwise the idea of a workforce that doesn't need time off for childbearing doesn't make sense. Kids need to come from somewhere. It follows, therefore, that the expectation is that women will "opt out" to raise families rather than pursue a career. (We're not even going to talk about the opt-out debate in this post, as Joan's been over that already.)

    But what happens if women don't choose family? What happens if they choose career? The cover story in this week's Economist illustrates what happens when women are given a stark choice between having children and a having a successful career. It turns out -- surprise! -- that a lot of them don't choose children.

    The article, titled "The Flight from Marriage," documents a trend among Asian women who marry and have children later in life -- or not at all. The article indicates that non-marriage rates for women in their mid-thirties are pushing 20 percent in the wealthiest countries in Asia, including Japan, Taiwan, and Singapore. And unsurprisingly, the non-marriage rate rises with education level. In Thailand, 13 percent of women with a high school education are still single by age 40, compared with 20 percent of university graduates.

    The decline in marriage rates has also led to a dramatic dip in the fertility rate, to as low as 1.1 in Hong Kong -- fully half of the replacement rate. (Unlike in, say, Scandinavia, very few Asian births take place out of wedlock.) The overall fertility rate in East Asia has fallen from 5.3 in 1960 to 1.6 today. That's obviously not sustainable, and many of the countries affected are scrambling to offer incentives to persuade women to have children. Among the benefits being offered? Better work-life balance, including subsidized childcare and parental leave for both mothers and fathers. As the Wall Street Journal noted a few months ago, affordable child care has a significant effect on a country's fertility.

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    See that, Mr. Welch? That's work-life balance -- as an economic necessity. If it comes down to it, career women in the United States could always pull a Lysistrata and stop having babies until the men come around. But come on. We shouldn't need to get to that point.

    Now, the reasons for the low marriage and birthrates in Asia are manifold, as the article describes, and include not only poor work-family polices but also inflexible divorce laws and rigid adherence to traditional social roles. (According to the article, the average Japanese woman does 30 hours of housework to a man's three -- talk about Chore Wars!) Because the tradition is for Asian women to "marry up," it's more difficult for educated and successful women to find a husband whose status matches or exceeds her own.

    But the relationship between work-life policy and birthrate holds elsewhere as well. Take a look at Europe. The countries with the worst work-family policies are also, by and large, the countries with the lowest birthrates. Germany, for example, has notoriously bad work-life policies -- and a birthrate around 1.41 children per woman. Those countries with the highest birthrates, including Norway, Sweden, and France, tend to provide parents with the most support.

    Business in a capitalist society has one goal and one goal only: to make money. This is often given as a justification for denying the value of policies that help employees achieve (or even attempt) work-life balance. But fertility trends show that this attitude is hugely shortsighted. There's no question that a career is now an option for most women. And the trends show that, when given an all-or-nothing choice between career and family, many women will choose career.

    An aging population is a huge financial burden. It makes no sense to disincentivize reproduction. We simply can't afford to.

    Joan Williams is the author of Reshaping the Work-Family Debate and Unbending Gender. She and Rachel Dempsey are co-writing an upcoming book about gender bias against professional women.

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  • Bloomberg Case: Open Season to Discriminate Against Mothers?

    Aug 23, 2011Joan Williams

    working-mother 150Judge Loretta Preska rolled back the clock on mothers seeking justice for straightforward discrimination.

    working-mother 150Judge Loretta Preska rolled back the clock on mothers seeking justice for straightforward discrimination.

    When Sekiko Garrison told former boss Michael Bloomberg she was pregnant, his answer was simple: "Kill it." Allowing mothers flexible work arrangements, he commented, was like allowing a man time off to practice his golf swing. The CEO who took over when Bloomberg left the company demanded that managers "get rid of these pregnant bitches" (referring to two women on maternity leave). The Head of Global Human Resources commented that mothers "belong at home" and that "women [do] not really [have] a place in the workforce." The Head of News commented that "half these f**king people take the [maternity] leave and they don't even come back. It's like stealing money from Mike Bloomberg's wallet. They should be arrested." The Head of Global Data asked, "Who would want to work with an office full of women?"*

    And yet Federal Judge Loretta Preska said last week there was so little evidence of discrimination that she would not allow the Equal Employment Opportunity Commission (EEOC) to proceed to trial to try to prove that Bloomberg had discriminated against mothers. Preska, a pro-business Bush appointee, ended her opinion with a severe scolding: "At bottom, the EEOC's theory of this case is about so-called 'work-life balance'... [T]he EEOC's claim...amounts to a judgment that Bloomberg, as a company policy, does not provide its employee-mothers with a sufficient work-life balance." Preska quotes (as binding authority?) former General Electric CEO Jack Welch: "There's no such thing as work-life balance. There are work-life choices, and you make them, and they have consequences."

    Where to start? The plaintiffs in this case were not asking for work-life balance. They were asking that their employer not discriminate against them because they were mothers. Recent social science suggests that motherhood is the strongest trigger for gender discrimination in today's workplace. If you give people identical resumes, one a mother and the other not, the mother is 79% less likely to be hired, 100% less likely to be promoted, offered an average of $11,000 less in salary, and held to higher performance and punctuality standards, according to a study by Shelley Correll, Steve Benard, and In Paik. Note: identical resumes. This is not a measure of the desire for work-life balance. It's evidence of extraordinarily strong discrimination against mothers. And, as the quotes from Bloomberg management demonstrate, discrimination against mothers is not only very strong. Often, it's also very open.

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    Discrimination at Bloomberg appears to have been very open indeed. Yet through a series of procedural rulings, Judge Preska threw out most of the EEOC's evidence and then held that it had so little evidence it could not take the case to trial. First, she rejected the EEOC's statistical evidence. Then she threw out statements like those above. Those statements she could not throw out for technical reasons she simply ignored. (The comments about leave-takers stealing Mike's money were not excludable for any of the reasons the judge identified. And by the way, it is illegal under the Family and Medical Leave Act to discourage people from taking FMLA leave. Would you be discouraged by these comments?)

    I won't go deeply into the technical problems with the court's opinion. But the court got caught in a time warp. Ten years ago, suits against mothers were often stymied because courts could not find a suitable "comparator" -- a similarly situated pregnant man. Courts eventually solved this problem by abandoning their search for a comparator, instead allowing plaintiffs to prove discrimination by introducing evidence of stereotyping (e.g., comments about how mothers belong at home). But Judge Preska turned back the clock. She not only insisted on comparator evidence, but rejected the obvious comparison between people who took maternity leave and those who did not. Instead, she insisted that the plaintiffs compare their salary growth to that of employees who took leaves of similar length. But healthy men don't typically take long leaves, which means that plaintiffs' salary growth was compared to that of employees who, one assumes, either were seriously ill, seriously disabled, or else had gone on an extended vacation to discover themselves in Aruba. Not surprisingly, under these circumstances the significant salary disparity found by the plaintiff's expert magically disappeared.

    But the most troubling thing about this case is Judge Preska's confusion about the difference between work-life balance and discrimination against mothers. "The law does not mandate 'work-life balance.' It does not require companies to ignore employees' work-family tradeoffs -- and they are tradeoffs -- when deciding about employee pay and promotions." True that.

    What employers are not allowed to do is discriminate against mothers on the fast track because a different group of mothers decided to leave the fast track. If the judge doesn't understand that, she needs a refresher course on the basics of anti-discrimination law, set down in the 1970s. You can't penalize women who don't conform to stereotypes just because other women do conform to them.

    If we abandon these basic principles of anti-discrimination law, it's open season on mothers. And that's a really, really devastating setback for women. Studies show what dooms women economically in the United States is not being a woman -- it's being a mother. If the courts refuse to protect mothers on the fast track simply because other mothers decided to leave, we are not going to have gender equality anytime soon. That's for damn sure.

    *These quotes can be found in the EEOC brief.

    Joan Williams is the author of Reshaping the Work-Family Debate.

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  • Chore Wars and the Value of Work

    Aug 2, 2011Joan Williams

    working-mother 150This week's Time Magazine cover story, "Chore Wars," is a wake-up call for those who think men and women are approaching parity, at home and in the workplace.

    working-mother 150This week's Time Magazine cover story, "Chore Wars," is a wake-up call for those who think men and women are approaching parity, at home and in the workplace. After the huge steps made towards equality in the latter half of the 20th century, progress is stalling out.

    Of course, that's not how the magazine presents the data. Their spin is that women and men actually do more equal amounts of work than ever - an average of 51.7 hours a week for men (40.6 paid, 11.1 unpaid) and an average of 49.9 for women (22.2 paid, 27.7 unpaid). So women who complain about being overwhelmed need to stop being so whiny. (Maybe they're on their periods?)

    But a tally of hours worked has never been the point of the women's movement. Women in the 1960s weren't protesting because their unpaid work was just so hard, and they wanted easy office jobs like lazy men. They were protesting the idea that they had no choice but to do that unpaid work while men were able to pursue the paid jobs that were both culturally and economically rewarded in ways unpaid work was not.

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    Time's analysis of the data blithely ignores the different value given to work at home and in the office. In the abstract, this is actually encouraging - in an ideal world, both forms of work would be both equally compensated and equally valued. But we don't live in an ideal world. Cooking, cleaning and childrearing are still chores (as the article's title signals, perhaps inadvertently). Paid work still happens outside the home, and it's still the man's domain.

    The article relegates an acknowledgement of the gaping inequality in types of work to a parenthetical at the end of a paragraph about how men's and women's workloads have never been so similar. "(Husbands and wives who split everything down the line are as hard to find as the great white whale.)" What's more, according to the very statistics in the article, the changes in the balance of work since 1985 are barely outside of the statistical margin of error. Married fathers do an average of .2 hours per week more housework in 2010 than they did 25 years ago - a grand total of 1 minute, 42 seconds more a day - and married mothers actually do 2.7 hours more child care than they did in 1985. All of which makes the conclusion that ladies just need to stop whining a little mystifying.

    In fact, the statistics paint a pretty bleak picture overall. While the article vaunts the fact that men spend nearly 3.5 hours a week more on childcare now than they did in 1985, it glosses over the fact that women's childcare load has also increased - and says nothing about the minuscule increases in men's contribution to housework and food preparation/cleanup. While the average of paid work women performed increased more than threefold between 1965 and 1985 (up from 6 hours weekly to 19.7 hours) it has increased an average of only 2.5 hours in the subsequent two and a half decades. At that rate, ignoring the logarithmic nature of the data, it would take 180 years from today for women to average as many hours of paid work as men.

    This is not progress. This is not equality. This is a sign that we can't get complacent, because there's still lots of work to be done.

    It's not that the article is entirely wrong. Men are indeed victims of social pressures to put work over family, just like women are victims of social pressures to put family over work. The balance of labor reflects this divide. But it's offensive to all parties to suggest that the fault lies with women for pressuring men to take on more housework and childcare duties. It's an argument one could imagine Don Draper making, but it most certainly doesn't belong in a national magazine.

    Joan Williams is the author of Reshaping the Work-Family Debate.

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