Wal-Mart v. Dukes and the Matter of Size

Mar 28, 2011Erica Payne

genderless-icon-144Recognizing Women’s History Month, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights.

genderless-icon-144Recognizing Women’s History Month, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights. Erica Payne considers tomorrow's pivotal decision that will determine the power of women -- and all Americans -- to stand up to employer abuses.

Women's History Month is a celebration of women's progress and the American piece of this epic story began in Lawrence, Massachusetts, when 25,000 mill workers took to the streets to protest for better wages. One particularly memorable account from the Bread and Roses strike involves several women who surrounded a police officer, stole his gun and then his pants and then tried to throw him in a river. The officer was saved from an icy dunking by fellow members of the force (who were colluding with the mill owners to stop these fierce women from striking). Here in the U.S., we will best honor our sisters past and present by ensuring that women's progress doesn't come to a grinding halt on March 29th in the hallowed halls of the Supreme Court.

Tomorrow the Court will hear arguments in one of the most important civil rights cases in the country's history. Their decision will pave the way for further progress or stop it dead in its tracks. In Wal-Mart v. Dukes, one million employees take on the largest public corporation in the world in a case that could cost the company $1 billion. But this case is about something much bigger than $1 billion; it is about whether or not any American citizen will have the ability to try to stop illegal bias in the workplace. In David v. Goliath, the Supreme Court will decide who gets the slingshot.

The case started when seven female employees of Wal-Mart figured out the corporation was paying men more than women for comparable jobs and was promoting men more often than equally qualified women. More than 100 women presented their personal cases of illegal bias and statistical evidence showed that the preferential treatment was true across the company -- in every region and across job categories from entry level to management. As a result, District Judge Martin J. Jenkins determined -- and the Ninth Circuit agreed -- that the one million women who worked at Wal-Mart in the last decade should be treated as a "class" and as such be able to fight the world's largest corporation together, rather than one at a time. Wal-Mart, which serves about 100 million customers a week, appealed, arguing that no one could manage a group of one million people and, because of that, these women could not argue their case as a single class. How will the Court decide and what will be the results?

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Consider this -- it is infinitely cheaper to pay off one employee (or bury her in legal fees) and to continue the illegal pay disparity than it is to pay all employees what they should have been paid all along. By limiting the ability of similar individuals to act as a group, the Court will diminish the individuals' power to challenge a bigger (and richer) wrong-doer. It is only the ability to challenge illegal bias as a group that renders the action economically viable for the plaintiffs (and yes, for the lawyers who work for them). Similarly, it is only the threat of action by a group that makes illegal bias economically un-viable for a corporation.

As it happens, in matters of law and money, size does matter.

If the Supreme Court upholds the Ninth Circuit and agrees that "mere size does not render a case unmanageable," regular Americans will be able to challenge illegal bias in the workplace. If the Supreme Court strikes down the Ninth Circuit's decision, they won't.

Slingshot or no slingshot?

With a slingshot you have a chance against Goliath, without it you have none.

By attempting to limit the size of a class, activist conservative judges are reversing years of precedence and weakening the power of individuals to fight illegal bias in the workforce. It's worth noting that after years of discrimination, Lilly Ledbetter has not received a dime of compensation -- thanks to the Supreme Court. A recent study from Cornell Law found that in employment discrimination suits in the federal court of appeals corporations consistently do better, managing to reverse rulings 41 percent of the time compared to 9 percent for plaintiffs.

One hundred years ago, it was 25,000 mill workers in Lawrence, Massachusetts, who fought for rightful pay and dignified working conditions. Since that time, women have become 50 percent of the U.S. workforce. They are the sole breadwinners in 34 percent of families with children; and the owners of eight million small businesses. Women currently receive 58 percent of bachelor's degrees, 60 percent of Master's degrees and 55.5 percent of Doctorates, our progress will continue. Unless the Supreme Court decides to stop it.

Tomorrow, 1,000,000 women of Wal-Mart will take their place in history, but like the strike of Bread and Roses, this fight is about much more than a single company -- or a single group of people regardless how large. This case is about an ongoing and winnable fight to secure the 'Blessing of Liberty' for all of our citizens.

After all, what is more liberating than a paycheck and the economic security that comes with it?

**This originally appeared on The Huffington Post.

Erica Payne is Founder and President of The Agenda Project.

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Maine Governor Paul LePage Reveals the Fears of the Right

Mar 25, 2011Harvey J. Kaye

frances-perkins-150By trying to erase progressive history, he not only shows how it threatens conservatives but urges us to keep the fight going.

frances-perkins-150By trying to erase progressive history, he not only shows how it threatens conservatives but urges us to keep the fight going.

One thing you have to say for Governor Paul LePage of Maine is that he's an honest guy. Right-wing Republicans incessantly proclaim their reverence for the American past. But the Governor has made it quite clear that, contrary to their repeated claims, conservatives do not revere the nation's history but actually fear it and believe they must act to control what people remember and know of it.

Determined to make Maine ever more inviting to business executives and their investments, LePage not only has set out -- like many another Republican governors, such as Scott Walker of Wisconsin -- to weaken, if not destroy, public employee unions and workers' rights. LePage also has taken steps to "neutral[ize]" American history. He has ordered both the removal of a labor history mural from the walls of the state's Department of Labor Building and the renaming of its conference rooms so that they no longer bear those of 1960s farm-worker leader César Chavez, 1920s labor activist Rose Schneiderman, and President Franklin Roosevelt's Labor Secretary Frances Perkins (the first woman ever to hold a Cabinet-level appointment).

Three cheers for Governor LePage! Instead of denying what he's up to, he reveals all. He wants to wipe the walls of government clean of the progressive story of what has made America prosperous and ever more free, equal, and democratic. He wants a history that makes the rich and the right comfortable, happy, and ready to roll.

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Forget the blissful ignorance of Minnesota congresswoman Michelle Bachmann. History, historical memory, and imagination matter and the folks on the right know it. Pursuing class war from above for more than thirty years now, conservative and corporate leaders have persistently sought to harness the past -- or their strange renditions of it -- to bolster their own pro-corporate and reactionary ambitions and schemes. Following the lead of their champion, actor-turned-politician Ronald Reagan, the unrivaled master of using and abusing history, Republicans and their ilk continue to conjure up their marble images of the Founders, wrap themselves in the American flag (if not the Stars & Bars on occasion), and talk of bygone eras and their desire to restore "the America we have lost." You can find them doing so from the halls of Congress and many a statehouse, from the studios of FOX News and many an AM radio station, and from the pages of innumerable books and periodicals.

But they really do not seek to redeem the past. Rather, they want to hijack it by variously and variably fabricating it, obscuring it, and burying it in favor of a tale that denies the power of "We the people" past and present and enhances their own power and wealth forever after.

We progressives have so much to do today. But in doing it we must not fail to challenge the right regarding American experience and greatness. We must do a better job of cultivating and speaking to American historical memory and imagination. We must re-engage America's past -- to defend it, to redeem it, to make it our own.

In 1939, when the Great Depression still stalked the United States and fascism and imperialism were threatening to rule the world, Max Lerner wrote in "It Is Later Than You Think: The Need for a Militant Democracy", "The basic story in the American past, the only story ultimately worth the telling, is the story of the struggle between the creative and the frustrating elements in the American democratic adventure."

In that spirit, we must never forget the exploitation and oppression, the tragedies and injustices, and the struggles and defeats that have marked our history. But we must also remember the victories of 1776, 1865, 1920, 1935, 1945, 1965. We must hear the encouraging words and inspiring ideals: All men are created equal... Life, liberty, and the pursuit of happiness... We the People... A new birth of freedom... Government of the people, by the people, for the people... Freedom of speech, Freedom of worship, Freedom from want, Freedom from fear... We shall overcome. And we must honor those men and women -- in all their American diversity -- who fought those battles, spoke those words, and progressively advanced America's historic purpose and promise.

Three cheers for Governor LePage -- not just for revealing all, but also for reminding us of what we need to do, especially now with the resurgence of America's democratic impulse emanating from Wisconsin!

Propelled by the memory and legacy of those who came before us, the yearnings and aspirations we ourselves feel, and the responsibility we have to those yet to come, we can pursue not only the imperatives of recovery and reconstruction, but also that of making a freer, more equal, and more democratic America. We too can both secure the past and make history. And perhaps one day our children will recall 2011, recite the words "This is what democracy looks like," and not only return the labor mural to the walls of the state office building in Maine, but also add their own historical panels to that work.

Harvey J. Kaye is the Rosenberg Professor of Democracy and Justice Studies at the University of Wisconsin-Green Bay and the author of Thomas Paine and the Promise of America. He is currently writing The Four Freedoms and the Promise of America. Follow him on Twitter: www.twitter.com/HarveyJKaye

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Bringing Rights for Domestic Workers Out of the Closet

Mar 25, 2011Eileen Boris

broom-rug-200Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with t

broom-rug-200Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights. Eileen Boris explores how household workers get the shaft -- and why they are fighting back.

In time for Women's History month, the White House Council on Women and Girls has issued "Women in America: Indicators of Social and Economic Well-Being." This statistical survey, proclaimed as the first such report in fifty years, calls for "raising the visibility of women's lives, as well as thinking strategically about how to address these challenges." Notably missing is any mention of household workers, those who make it possible for other women to go out to their jobs by cleaning houses, cooking dinner, bathing children, and aiding the aged. These workers largely stand outside the law -- and the White House agenda. But their mobilization for respect and decent work challenges both the economic violence perpetuated in homes and conventional understandings of what is work and who deserves worker rights.

A half century ago, the President's Commission on the Status of Women offered a broader vision than today's Council. Kennedy-era labor feminists considered not only the bare facts of employment, but advocated moving domestic service from the personalistic realm of mistress and maid to the modern regime of labor law, recognizing it as a valuable occupation. The Women's Bureau, along with prominent organizations of black, Jewish, and Catholic women, relaunched the depression-era National Committee of Household Employment (NCHE) to improve working conditions in private households. NCHE promoted a voluntary "Code of Standards" with provisions for minimum wages, overtime, Social Security, sick leave, paid holidays, and a "professional" working relationship. It sought inclusion of private household workers in the New Deal Fair Labor Standards Act (FLSA).

Under black activist Edith Barksdale-Sloan, the NCHE organized the Household Technicians of America as a national association of domestic workers dedicated to "winning good wages and benefits, raising consciousness and educating consumers of domestic services." In 1974, private household workers won minimum wage under FLSA, though the same amendments removed elder companions, today's home care workers, from the law. The reorganization of domestic employment and ebbing of social movements in the next decade stalled further improvements.

Now thousands of household workers are on the move again -- creating ethnic and community-based associations, demanding dignity and living wages from employers, and lobbying governments for rights as workers. During the last fifteen years, in California, Maryland, and New York, immigrant and U.S. born women of color have built upon the example of worker centers and engaged in grassroots organizing to form associations that reach housekeepers, nannies, and elder caregivers in individual homes. They enhanced worker empowerment through education, leadership training, and service provision. They engaged in street actions denouncing employers who withhold food as well as payment, who abuse bodies and curtail physical movement. Like the NCHE, they issued voluntary codes of conduct and standards for decent work. They have sought legal as well as political redress.

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About six years ago, coalitions in California and New York City began pushing for a "Domestic Worker's Bill of Rights." In New York, the multi-ethnic Domestic Workers United and its allies, notably Jews for Racial and Economic Justice, petitioned, marched, and lobbied the legislature. Last September, Democratic Governor David Patterson signed such a framework for greater security. The pioneering New York bill guaranteed a living wage, paid sick and vacation days, and health benefits.

Though Republican Governor Arnold Schwarzenegger vetoed a similar measure in 2006, the California Domestic Worker Coalition -- composed of grassroots organizations like Coalition for Humane Immigrant Rights of Los Angeles and Mujeres Unidas y Activas in the Bay area -- has returned with a new bill. The Domestic Work Employee Equality, Fairness, and Dignity Act of 2011 (AB 889) places household workers under the state's labor code, including worker compensation, occupational health and safety, overtime, meal and rest breaks, and pay reporting. Sensitive to cultural preferences, it calls for the availability of kitchens for personal food preparation. Additionally, the bill authorizes eight hours of uninterrupted sleep for 24-hour and live-in workers, paid sick and vacation days, termination notice, and cost of living increases. In treating domestic labor like other jobs, it resembles the "Decent Work for Domestic Workers" convention set for final approval by the International Labor Organization next June, for which the National Domestic Workers Alliance has help secure U.S. support.

Workers hired by families are using the state to transform private labors into public work. But one group of household laborers remains apart -- those paid by governments to care for needy elderly and disabled people. The California proposal explicitly excludes In Home Supportive Service workers, the type of worker whose omission from federal law the Supreme Court upheld in 2007 and the Obama administration has yet to rectify through new labor regulations. Meanwhile, Republican governors, as in Wisconsin, are eliminating collective bargaining for home care workers. An irony of current struggles might be that these public employees end up with fewer rights and poorer conditions than those who labor for individual housewives.

Eileen Boris is Hull Professor and Chair, Department of Feminist Studies, University of California Santa Barbara. With Jennifer Klein, she is the author of the forthcoming Caring for America: Home Health Workers under the Shadow of the Welfare State.

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What You And I Owe the 146 Victims of the Triangle Fire

Mar 25, 2011Frank L. Cocozzelli

triangle-fireTheir sacrifice can live on if we fight for the reforms sparked by their deaths.

triangle-fireTheir sacrifice can live on if we fight for the reforms sparked by their deaths.

The names of the of the victims of the Triangle fire mean more to me than most Americans. Having lived most of my life in Italian and Jewish neighborhoods in and around New York City, I feel as though I know these people. Their faces were faces I grew up with. Their names -- Caputo, Colletti, Levine, Kaplan, Maltese, Schneider and Uzzo -- are names I've known all my life; names that echo with the same Southeastern European cadences and rhythm as mine.

What do we owe the victims of the Triangle Shirtwaist Factory fire? It is something I've thought long and hard about, especially on the one-hundredth anniversary of this great tragedy.

I remember once traveling by train through Southern Italy at night. I gazed out of the compartment window seeing mountain villages in the dark distance. Even then in the late twentieth century they appeared so isolated from the modern world. As I stared I thought about those who almost a century earlier had the courage and audacity to leave this then-still medieval world behind and risk the future in what was a totally alien culture of the industrial United States. I equally wondered in amazement at those who left behind their shtetls in Poland and Russia. They also took the same incredible gamble.

My great-grandmother, who came from Italy in the late nineteenth century, was a garment worker during the same period of the Triangle fire. My grandmother, Josephine, and her sisters Mary, Tessie and Rosie were also garment workers. And my mother-in-law, who came here from Italy in 1970, was also a garment worker. Like those who came before her, she spoke no English when she arrived. Yet just three days after coming to America she courageously got on a subway train, road from Brooklyn to Manhattan, and began work at a sewing machine.

As a boy, I vividly remember going to visit my grandmother in her work places, and in later years I remember going with my wife to pick her mother up at the end of her workday. All these shops were very much the same. Even with union representation they were dimly lit and cramped. Foremen still pressed for greater productivity. In the winter they would be chilly and in the summer, stifling hot. And yet they worked with the understanding that honest labor is a form of high honor.

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But what binds the victims of the Triangle fire to the garment workers I knew, and by extension, all of us? Any link I have to the 146 victims goes beyond ethnicity and neighborhoods. While many of the victims were Italian or Jewish New Yorkers, it is a greater link; indeed, it is a quality that goes to the heart of the American experience. What binds all of us is a concept of liberty that is almost too oblique to those who are now attempting to take away collective bargaining rights or gut job safety regulations. It is how many of these garment workers themselves could have defined liberty, not just as a means to accumulate massive wealth but "as a beacon of hope, shining out to oppressed peoples; it was the future teaching out to the present, to unchain humanity from the shackles of the past."

Part of that "beacon of hope" was the ability to earn their way into a better life. In exchange for giving their honest effort every work day, all they wanted was a fair wage and a safe place to toil. Those essential attributes of liberty were denied to the victims of the fire. And because they were so denied, they became reluctant martyrs for reform. Unwittingly, their burning bodies, tumbling through space, energized a movement that would lead to the creation of the modern American middle class. Their death and suffering earned a better life for you and me. And yet question still remains: What do we owe the 146 who perished that early spring day one century ago?

Frances Perkins, FDR's future Secretary of Labor, witnessed the fire. She was instrumental in the effort of progressive reform and was quoted as saying that March 25, 1911 was "the day the New Deal began." What she meant was that the tragedy of that horrible fire made Americans begin to truly realize that working people were not merely a means to wealth, but ends in and of themselves, worthy of being treated with dignity. It was the singular event that transformed Al Smith and Robert Wagner, Sr., from Tammany Hall hacks into champions of reform. It caused the Democratic Party to better live up to it moniker, "the party of the people."

Grover Norquist echoes the sentiments of many movement conservatives by saying that he wants to take the country back to the time before the Progressive Era, which began with the Triangle fire. At the very least, we owe the Triangle victims the task of reminding everyone what that world looks like. It bares the face of child labor and unsafe working conditions. And sadly we need not look to the past to be reminded; it now exists in third-world countries where far too many of our clothes are  being made. Beyond that, as advocates of FDR's legacy we owe the victims a promise that we will fight to keep the Democratic party from slipping back to its pre-fire days, when they catered to wealthy factions, by supporting those who still carry the mantle of reform.

We owe them that much. To fail to do so would dishonor their terrible sacrifice.

Frank L. Cocozzelli writes a weekly column on Roman Catholic neoconservatism at Talk2Action.org and is contributor to Dispatches from the Religious Left: The Future of Faith and Politics in America. A director of the Institute for Progressive Christianity, he is working on a book on American liberalism.

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What's at Stake for Women in Wal-Mart v. Dukes

Mar 24, 2011Fatima Goss Graves

gender-equality-150Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their

gender-equality-150Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights. Fatima Goss Graves shines a light on how the wage gap undermines our meritocracy ideals, and why the class action suit against Wal-Mart must go forward.

No matter how available wage data is sliced and diced, a single truth remains: a wage gap exists between male and female workers. On average, full-time female workers make 23 percent less than male full-time workers. And for women of color, the gap in wages is even larger. African American women and Hispanic women working full-time make far less, on average -- 62 percent and 53 percent respectively -- compared to white, non-Hispanic men.

There is a gap in wages in every part of the country, with women in Wyoming and Louisiana making just 66 percent of male earnings. Even in the District of Columbia, where the wage gap is the smallest, women make 88 percent of male earnings. And although the Department of Labor has documented a gap in wages in every field, sales occupations are particularly behind the times. Women working full-time in sales occupations earned only 64 percent of their male counterparts' earnings in 2010 -- the highest of any occupation. In fact, the last time the overall wage gap was so large was 1981, when women across all occupations earned just 64.4 percent of men's earnings.

This gap in wages is not merely the result of women's "choices" in career or family, as study after study has demonstrated. Even when researchers have controlled for demographic differences between male and female employees, such as worker qualifications, experience, occupation type, and industry, a persistent gap in wages remains. To name results from just a few recent studies, the gap in wages between male and female physicians has only increased over the past decade, even after controlling for medical specialty, hours and practice type. And women with MBAs were paid less than men in their first post-MBA job and experienced less salary growth thereafter. These and many more studies, together with the countless pay discrimination cases filed around the country, show that pay disparities remain an entrenched problem.

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Set against the backdrop of widespread disparities in pay, there is a tremendous amount at stake in the pay and promotions discrimination class action that will be argued in the Supreme Court on March 29th. In Wal-Mart v. Dukes, the Supreme Court will determine whether a nationwide class of women workers challenging alleged sex discrimination by Wal-Mart in pay and promotions can proceed. According to the plaintiffs' evidence, women at Wal-Mart on average earned $5,000 less than men, even though women tended to have higher performance ratings and more seniority. Women also were less likely to be promoted to store manager positions and had to wait significantly longer for promotions than men. The Court's decision will also effectively determine whether workers can continue to challenge company-wide discrimination by larger employers.

Title VII was intended to eradicate precisely the type of pernicious discrimination that is alleged in this case. Indeed, a company-wide class challenge is the only effective way to remedy company-wide discriminatory practices. With the average wage gap at 77 percent, women and their families are watching closely to see whether the Court's holding will continue to allow the class action vehicle to be a critical tool for employees to challenge pay discrimination. In this economy, the stakes could not be higher.

Fatima Goss Graves is Vice President for Education and Employment at the National Women's Law Center.

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Collective Bargaining Rights are Key for Workplace Equality

Mar 23, 2011Barbara Arnwine

women-and-moneyRemembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives h

women-and-moneyRemembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights. Barbara Arnwine explains why we've not yet entered a "post-gender" world when it comes to women's status in the workplace.

Women's History Month is a very special time to reflect upon both the particular challenges that women continue to face in the workplace and upon the new opportunities that will arise for economic equity. It's also a time is to appreciate the struggles of the Sheroes who came before us who opened the doors of opportunity.

It is up to us to recognize the significance of being women and also the importance of being a part of a broader collective that lifts the stature of everyone - male and female. We must ask ourselves, how do we both acknowledge the persistent disparities and concerns of the past while also looking to the future for continued upward mobility for all? Gender-based issues of increasing unemployment, job silos, unequal pay, sexual harassment and the "Old Boys Network" continue to haunt the American workplace and denigrate the economic status of women. And this affects everyone.

The fact is, it's not quite time for "post-gender" thinking. Take the latest unemployment figures. While we added some 192,000 jobs in February, the overall scenario for women was not rosy. The National Women's Law Center notes that over the course of the recovery, women's overall unemployment rate increased from 7.7 percent to 8 percent, while men's dropped from 9.8 percent to 8.7 percent. Even more disheartening, between July 2009 and February 2011 unemployment rates increased for single mothers (from 12.6 percent to 13 percent) and African-American women (11.8 percent to 13 percent).

Recently, we witnessed the crisis facing public workers in Wisconsin. Governor Walker's actions are of immense importance to women and stand in direct contradiction to our continued progress. According to the Bureau of Labor Statistics, women comprise 52 percent of state-level public sector jobs and 61 percent at the local level. The impact on state and local job cuts in the public sector will be especially devastating to women at a time when the recession has already disproportionately impacted us.

Women of color, already facing large pay gaps, are in danger of falling still further behind as bargaining rights disappear. Dr. Steven Pitts of UC Berkeley's Center for Labor Research and Education notes that black women in the public sector earn a median wage of $15.50 an hour, while the sector's median wage overall is $18.38 (white men make $21.24). This is not so surprising when you consider that African-American women comprise only 12.2 percent of labor unions. This data exemplifies the compelling need for workers to have the ability to bargain for equal rights in the workforce. The wage gap remains an important civil rights crisis for women. We have made gains in areas of education and employment, yet we know that we have not been fully acknowledged in the workplace when the paycheck arrives. This illustrates the distinction between the evolution of personal achievement and universal women's emancipation.

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Barriers still confront women in many professions and prevent us from achieving true equality. While we should appreciate the success stories, such as women's increased access to law firms, there are still challenges to overcome. The retention rate, for example, tells a bleaker story about how women fare in the legal profession. The attrition rate for white female attorneys within 55 months is 77 percent, while minority female attorneys at law firms have the highest attrition rate, at 41 percent within 28 months and 81 percent within 55 months. A Diversity and the Bar report notes that women of color often feel isolated in an "old boy's network" environment. It appears that white male attorneys share a greater opportunity for advancement, perhaps because often times those in power (white males) are connected most with people like them. While it is critical that law firms fulfill their responsibility to systemically address these barriers to women's achievement, women must also assist in advancing each other.

This year marked the 100th Anniversary of International Women's Day. The United Nations highlighted, as I have, that despite the gains made, much remains to be done to eliminate gender discrimination. Until these vast disparities are addressed and systematically dismantled, this country's economic viability for the future will never be fully realized. The time for a level playing field is long overdue.  As women, we must find our voices and be active in advocating for real equality in these times. And we must always look beyond the headlines to find "her" story.

Barbara Arnwine has been the executive director of the Lawyers’ Committee for Civil Rights Under Law since 1989.

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From the Triangle Fire to Wisconsin, Rights for Women Workers

Mar 22, 2011Brigid OFarrell

raised-fist-150Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic

raised-fist-150Remembering Women’s History Month and the Triangle Shirtwaist Fire, New Deal 2.0 tells the surprising story of how women became citizens — and how their economic lives have evolved along with their rights. Brigid O'Farrell urges Republicans like Scott Walker to listen to the women following in the footsteps of the Triangle Shirtwaist Factory strikers and Eleanor Roosevelt.

For Women's History Month this year, thousands of people around the country are commemorating the 100th anniversary of the Triangle Fire. On Saturday, March 25, 1911, flames engulfed a sweatshop just off of Washington Square, in New York City, where women's shirtwaist blouses were made. One hundred and forty-six workers, mostly young Jewish and Italian girls, were burned to death by the fire or jumped to their deaths to escape. Doors were locked and the fire ladders couldn't reach the top floors of the burning building. Women died at their sewing machines, but they didn't have the right to vote in elections. The fire was an historic turning point for the country. The movement for social justice took on new urgency. Workplace safety legislation became a reality, the union movement gained momentum, and eventually women won the right to vote.

March is a time to celebrate the progress that women have made since the Triangle Fire, but there is also reason to pause and consider the fight that continues. We need only turn to Wisconsin. Governor Walker's outright attack on unions is, indeed, a fundamental attack on working women. According to the Bureau of Labor Statistics, over half of state workers and 61% of city workers are women. Thirty-one percent of state workers and 42% of local government workers belong to unions. They earn better wages than those who are not union members and the pay gap between women and men is smaller among union members.

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These employees are our elementary school teachers, university professors, nurses, social workers, secretaries, and administrative assistants. They are women who are critical to making our cities work and who help turn our towns into livable communities for our families. Through their unions they have secured decent wages, reasonable benefits, ways to resolve grievances, and some security for their retirement. Yet they are being criticized and their rights taken away for economic problems they didn't create.

We can learn from Eleanor Roosevelt. She believed that all workers had a right to a voice at work. Legislation and unionization were the only two ways to protect workers, and she thought joining a union was the best way for women to improve their working lives. For her, workers' rights were human rights, and it is this basic right to have a voice at work that is being lost in Wisconsin.

Eleanor Roosevelt gave careful consideration to her positions. President Roosevelt was skeptical of public-sector unions, though definitely not anti-union as some conservatives have suggested, and his wife struggled with the issue in her newspaper column "My Day" after his death. In the 1950s, as public employee unions began to organize and grow more rapidly, however, she was shocked when a city police commissioner refused to meet with a workers' grievance committee. She acknowledged budget problems, but asked if "any workers should be kept at starvation wages?"

By the late 1950s, she concluded that unionization in the public sector was necessary because employers in the public sector were little different from those in the private sector, refusing to listen to workers and treat them fairly. "Employees who are quite evidently not receiving a living wage and are dissatisfied with their conditions of work," she wrote, "would simply be slaves if they were obliged to work on without being able to reach their employers with their complaints and demand negotiation."

When teachers went on strike in New York City in 1962, shortly before her death, she wrote that there was no "method of complaint and adjustment that could take the place of collective bargaining with the ultimate possibility of a strike." She concluded that "Under the present set-up teachers have no other recourse but to strike to draw attention to their legitimate complaints." Female public employees in Wisconsin followed Roosevelt's advise and joined unions.

Governor Walker should listen to Eleanor Roosevelt. He would learn that his time might be more productively spent cooperating with the women who teach our children and care for the sick and meet the needs of the public everyday. He could learn to solicit their ideas on how to improve services and reduce costs, then negotiate solutions. Wisconsin government could be a model of a democratic workplace, rather than a leader in an effort to dismantle workers' rights. The women of Wisconsin are joining the spirit of their sisters in the Triangle Fire and they are fighting back. They need our support. As Eleanor Roosevelt said, "We can't just talk, we have got to act."

Brigid O’Farrell is an independent scholar whose new book is She Was One of Us: Eleanor Roosevelt and the American Worker, Cornell University Press.

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Politics of Pure Meanness: Three New Lows in American Governance

Mar 22, 2011Bo Cutter

Shaping the future with today’s choices.

There is a standard Russian response to the question: How are things? Which is: "Worse than yesterday, better than tomorrow." That's roughly where I am. And let me be clear: I am not a Utopian. I think the glass now is 80% empty, not 20% full. I am well aware that in politics the inconceivably long-run is Friday and I think our politics is broken at both ends with a vacuum in the center.

Shaping the future with today’s choices.

There is a standard Russian response to the question: How are things? Which is: "Worse than yesterday, better than tomorrow." That's roughly where I am. And let me be clear: I am not a Utopian. I think the glass now is 80% empty, not 20% full. I am well aware that in politics the inconceivably long-run is Friday and I think our politics is broken at both ends with a vacuum in the center.

But we have before us, occurring simultaneously, three new lows: Wisconsin, Congressman Peter King's anti-Muslim hearings, and the budget antics of the House Republicans. You know the details as well as I do. I want to extract and comment on a common element throughout each. I am even more pessimistic about what these episodes have in common than I am about the differing surface issues they involve.

Wisconsin: I mostly agree with the Republican Governor's budget stance and I am virtually certain we will see these same budget pressures play out in almost every state. But I am appalled at the mean-spiritedness the Governor and the Wisconsin Republicans have displayed toward the state's public employees unions. It is entirely possible to be ambivalent about public employees unions (FDR was ambivalent about public sector unions, though he was certainly not anti-union, as some have suggested) without trying to break them. And it would have been possible to say explicitly that all of the state's citizens were in this together. But this is not the path the Governor took. He did it out of "pure meanness," as we used to say in high school; he did it because he could.

Congressman Peter King: His hearings last week -- ostensibly to explore U.S. domestic Muslim radicalism -- were based on nothing and uncovered nothing. This is a time when our country ought to be pulling together, a time when one of the best things we could possibly do to counter terrorism would be to embrace our Muslim citizens as part of America's fabric. However, the Congressman chose to emulate some of the sorrier moments of American history. He did it out of pure meanness; he did it because he could.

House Republican Budget Antics: With a highly refined sense for the capillaries, the House Republicans are focusing on less than 10% of the budget to solve the whole problem. Moreover their "death by a thousand two week cuts" approach makes everything worse.

I believe -- as I have made clear -- that we have to change our debt and deficit trends. But we have to do this consistent with our economic health. We do, after all, have a close to 9% unemployment rate. And eventually we will have to look at everything -- new tax revenues, entitlements, and defense.

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But when we finish this we also have to have a strong and competent public sector. That is not the direction the House Republicans are taking. They are slashing wildly, taking out regulatory, oversight, and management budgets that might actually save money. There is not a scintilla of evidence that there is any actual thought here beyond a frenzied desire to hit a completely random number. As someone once said about a baseball player, "He can't hit, but on the other hand he can't field." In this case, these actions won't have any discernible effect on the deficit, but they will make a lot of programs worse. They are doing it out of pure meanness; they are doing it because they can.

The actual policies embedded or implied in these episodes are terrible. But what the episodes are saying about our whole system, and about where we are going, is worse. Think about "pure meanness," polarization, absence of compromise, and belief in magic.

Start with meanness. I've been in and around politics and government for almost 50 years. I have zero illusions about it. It is a hard game -- during my first White House experience, I was going through a very bad period and a friend said, "Shut up. This is the big leagues and they throw at your head." But at the same time, Lyndon Johnson and Everett Dirksen had a drink together every evening. Tip O'Neil played poker and golf with Jerry Ford. They were opponents, not enemies. The sense you get today -- on the right and the left -- is that it is almost as if the two sides don't share the same country. In each of the three examples above, the winners are acting with a degree of sheer meanness that says they don't think the other side has any legitimate interests.

The meanness, however, is just a symptom of polarization. In fact, the two sides do not share the same country. For my breakfast seminar, The Next American Economy, I asked Bill Bishop, author of a great book "The Big Sort", to speak. We are sorting ourselves and segregating ourselves by lifestyle and ideology. At a national level, we are roughly equally divided between Democrats and Republicans, but at the local level the division is much more a series of 80-20 splits. As a result, when someone wins an election, the result is due to the 80, the 20 is irrelevant, and the winner does not feel the slightest compunction to acknowledge its existence. As a result, our congress is more divided than at any time in the last 100 years. And it is a very widely known aspect of group dynamics that homogeneity begets more homogeneity: like groups become more like and drive out the dissidents. That is very clearly happening with both the right and the left in America.

Which means, as an immediate consequence, that both sides think compromise is evil. The Tea Party movement enforced a rigid purity in 2010 -- ask former Republican senator Robert Bennett, a deeply conservative man with an unfortunate proclivity for civility and bipartisanship. The Democratic Party's left is much the same -- look at how Erskine Bowles has been treated. But there is not a single major problem in American life that can be solved from only one side of our political spectrum. For two reasons: first, the votes aren't there; and second, the real ideas aren't there. Both America's right and left are mired in orthodoxies that serve to prevent the emergence of new ideas.

And as a result we get a politics dominated by a profound attachment to magic, or more prosaically, to problem avoidance. If you are part of a polarized political system, if you believe that your opponents are enemies and compromise is evil, then unless you are irredeemably stupid, you also know that you aren't actually going to accomplish anything. So you turn to magic and/or problem avoidance. Congressman King invents enemies. The House Republicans choose "trophy" cuts -- zeroing in on NPR. The left simply denies that there is a debt/deficit issue. It would all be fun to watch, except I keep thinking that the universe may not wait while we keep playing these games.

Roosevelt Institute Senior Fellow Bo Cutter is formerly a managing partner of Warburg Pincus, a major global private equity firm. Recently, he served as the leader of President Obama’s Office of Management and Budget (OMB) transition team.

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Dorian Warren on How Obama Can Help the Labor Movement Now

Mar 21, 2011

In an act of prescience, Roosevelt Institute Fellow Dorian Warren went on The Nation's Breakdown podcast to discuss labor organizing before it was cool (or at least before Scott Walker put it in national headlines). In an encore episode, Warren answers a reader's question: What can Obama and his administration do to boost labor organizing without begging the GOP-controlled Congress for help? Listen to all of his suggestions here:

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In an act of prescience, Roosevelt Institute Fellow Dorian Warren went on The Nation's Breakdown podcast to discuss labor organizing before it was cool (or at least before Scott Walker put it in national headlines). In an encore episode, Warren answers a reader's question: What can Obama and his administration do to boost labor organizing without begging the GOP-controlled Congress for help? Listen to all of his suggestions here:

It looks like you don't have Adobe Flash Player installed. Get it now.

The administration has already taken some positive steps: Obama appointed pro-labor people such as Hilda Solis at the Department of Labor and Craig Becker at the National Labor Relations Board. The National Mediation Board, which covers transportation workers, has also changed voting rules so that a union only needs to win a majority of those who turn out to vote, not a majority of the whole bargaining unit as it was previously -- which means somewhere around 50,000-70,000 more workers may vote to unionize.

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But there's still plenty that hasn't been done yet. Perhaps the most important step the administration could take would be changing the Federal procurement process so that anyone who contracts with the US government must be pro-labor and adhere to the laws on the books. This prevents routine violations through the promise of government dollars. Who else took this step? FDR, who used the procurement process to push for workers' rights during the tight labor market of World War II. Obama can also increase the Department of Labor's budget to increase enforcement of current laws. And the NLRB is considering a move to faster elections after workers file a petition for union election, which would help prevent the intense opposition campaigns employers run during the long waiting period.

Governor Walker may think he's beat the system, but there's plenty we can do to fight back.

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A Baker's Dozen Books I DO Want to See on the Bestseller List in 2014

Mar 18, 2011

sarah-palinHaving rendered "A Dozen Titles I Don't Want to See on the Bestseller List" and then "Another Dozen Titles I Don't Want to See on the Bestseller List in 2014," Harvey J. Kaye now proffers thirteen books he would just love to see on the bestseller list in 2014:

1. The American Medical Association, Freedom from Fear: The AMA Guide to Better Health through Socialized Medicine

2. Sarah Palin, Making Do with Less and Feeling Really Good About It: Loving Alaska, Living Alaska, Now and Forever

3. Let's Go!, Let's Go Student Travel Guide to the USA! With a New Chapter on Making the Most of America's High-Speed Rail Links

4. Scott Walker, Kicking Koch: Twelve Steps to Recovery -- One for Each Month I Spent in the Wisconsin Governor's Mansion

5. Rachel Maddow and Ed Schultz, Trust Your Fellow Citizens: Our Journeys from Talk Radio to MSNBC to NBC Prime Time

6. Newt Gingrich, From Foxy Ladies to Foxy Television: Back on the Air with Sean, Bill, Michelle, and Glenn

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7. Michelle Bachmann, former Member U.S. House of Representatives, The Real Idiot's Guide to American History -- No, Really, the Real Idiot's Guide: From Lexington & Concord (NH?) to the Mall of America (MN!)

8. Bill Moyers, The Conversation Renewed: Bill Moyers Journal -- The Transcripts of the 2012 and 2013 Seasons

9. John Boehner, Don't Cry For Me Ohio! My Life as the Once and Future Minority Leader

10. Richard Trumka, We Love You Scotty, Oh Yes We Do... Cheeseheads and the Rebirth of the American Labor Movement

11. Scott Simon et al, Getting Our Act Together: The NPR Survival Guide

12. Barack Obama, Returning to the Classroom: Teaching Constitutional Law at the University of Chicago

13. Russ Feingold, This is What Democracy Looks Like: From the U.S. Senate to the White House

Harvey J. Kaye is the Rosenberg Professor of Democracy and Justice Studies at the University of Wisconsin-Green Bay and the author of Thomas Paine and the Promise of America. He is currently writing The Four Freedoms and the Promise of America. Follow him on Twitter: www.twitter.com/HarveyJKaye

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