Art Exhibit Highlights Struggles for Women in the Construction Industry

Here is an article about a riveting art exhibit titled "On Equal Terms." The Exhibit has been featured at Brandeis University, Michigan State University Museum, and Clemente Soto Vélez Cultural Center in Manhattan, but it closes this week. It shows its audience a dark side of the construction industry: the side that continues to harass and discriminate against women in the industry. As the article points out, the construction industry is pretty much the ONLY industry that has NOT seen gains for women in recent decades. Still today, only 2.6% of construction workers are women, and that is the SAME as it was 30 years ago. This art exhibit is interesting in part because it seems to offer its viewers a glimpse of a day in the life of a female construction worker. As you move through it, it seems you would get the chance to experience what it would actually be like on the job--a chance to walk a mile, or even just a step or two, in a female construction worker's work boots. I wish I'd had the chance to see it.

Dangerous Sexism - Colorlines

Topless Activist Secures Settlement in Fight for the Right to Bare her Boobies

As a follow-up to one of my earlier posts, one Woman in New York City, who was repeatedly arrested and detained for not wearing a shirt, finally sued the city for her multiple wrongful arrests and detentions because, as she pointed out, toplessness is not a crime. Not in New York City anyway. And that is true. But police officers there apparently still arrest and detain women for it, despite being repeatedly reminded of the laws, at which point the charges are presumably dismissed as nonexistent. Well, this lady finally settled her lawsuit against the city for $40,000 because, as she acknowledged, she would not play well to a judge or jury . . . not without a shirt (assuming she would also show up shirtless to court).

Topless Activist Wins $40,000 Settlement From City for Boob Freedom - nymag.com

Earlier information about the legality of toplessness in New York:

Cops Reminded Repeatedly That Exposed Boobs Are Not a Crime - nymag.com

2013 Gender Gap Report Ranks America as 23rd Best Place for Women (Out of 136 Countries)

Well, the 2013 Gender Gap Report is out, and the United States ranks #23 out of 136 countries as far as the status of women is concerned. And the U.S. has NOT made relative progress; it has actually fallen one place in the rankings since last year. Perhaps we (as in the U.S.) have not actually fallen backwards but rather have stagnated as the status of women in other countries has improved slightly. Either way, we have a long way to go. But naturally, this is only a relative measure with other countries; the relative rankings don't measure the absolute progress being made in each country. Hopefully, there have been improvements across the board. But broadly speaking, as you can see from the rankings table on pages 9-10 of the report, Scandinavia seems to be the best place to be a woman right now, and the Middle East seems to be the worst.

Gender Gap Report 2013 - World Economic Forum

 

Gender Equality: Is there an App for That?

Here's another wonderful editorial about gender equality by Natascha McElhone. (This is actually an edited version of a speech she gave at Wired 2013 in London.) She shares a lot of anecdotes of her experiences with sexism which will probably ring true for (or sound familiar to) many of us. She discusses the phenomenon of "casual sexism," which is oft times subtle and is far more pervasive, I would imagine, than any of us realize. One facet of that phenomenon is the casual objectification of women, which, according to McElhone, is sexist primarily because it happens so much more frequently than the converse (the casual objectification of men), and because of the powerless positions in which women are portrayed in sexual images.

And McElhone asks a number of great questions about a variety of issues. Among those most important in my mind are:

"Why should men not garner respect for staying at home for those formative years?"

Undoubtedly an issue worthy of much discussion is the right of men to play a more active role in raising their children and maintaining their households if they so choose. The importance of this issue should be abundantly clear because, as anyone who has thought long and hard about gender equality should realize, women will never and can never play a truly equal role in the workplace until men play a truly equal role at home. Or, in the paraphrased words of Sheryl Sandberg, women can't "lean in" at the board table until men "lean in" at the kitchen table.

Many men are wonderful fathers, and homemakers, but they are never truly given the chance because of the stigma, stereotype, or casual sexism wrapped up in the still prevailing idea that these tasks are women's tasks--and continue to be women's tasks--even as women are expected to contribute equally to the workforce. If you find this insulting to men, then that only proves the point that domestic (and traditionally feminine) roles are demeaned and stigmatized in our society. Maybe a woman makes a free choice to stay home, or a man makes a free choice to bring home the bacon, but until the stigmas are eliminated for both sexes, no one can really make a choice that is completely free. And, in my view, this is the area in which WOMEN are the most guilty of contributing to the problem of gender inequality, by refusing to let their male partners play a more active role at home. You have to step back if you want them to step up. I only know this because I have been quite guilty of this myself!

Here was another of my favorite excerpts from McElhone's piece: "If I were a journalist, I would ask every man I interviewed if he was worried about his hair loss, his weight, how he managed his work/home balance, what his neuroses were – and skip over the content of what he actually did."

Ha. I would pay to see that. This is of course hilarious because this is usually what happens when the media interviews many women; they ask them about their appearance and not about their accomplishments--even women as accomplished as Hillary Clinton, which is presumably what brought them onto the show in the first place.

Natascha McElhone: It's Time to Find an App for Gender Equality

City of Los Angeles Contemplates Sexual Harassment Training for its Employees

Two City Council Members in Los Angeles, CA are asking the City to providing mandatory sexual harassment training to all of its employees, after two recent lawsuits. (Until now the City has provided such training only for managers.) Um, this really seems like a basic thing to me; I'm surprised the City hadn't been doing this already. But okay, good for them if they go along with the proposal and finally get with the program. I guess most private businesses STILL don't require such training, and are not required to in most cases, but I think a lot of governmental employers do. Exactly how effective such training is in actually preventing sexual harassment, I really can't say. Maybe it would depend in part on how good the training program is. But hey, at least it's something.

Sexual Harassment Lawsuits Against LA Prompt Calls For Prevention Training - Huffington Post

Companies with More Women Leaders Enjoy Higher Profits

Here's a great opinion piece by Nicholas D. Kristof in which he advocates for more women in positions of power. As his first example, he points out that the majority of tweeters on Twitter are female, yet the board of directors at Twitter is comprised of seven men and ZERO women. That's a company that is likely pretty out of touch with its own consumers. And this is an all too common occurrence. Kristof argues that equal representations of the sexes in leadership positions isn't just good for women; it's good for everyone, AND, more important to some, it's good for business. He cites some powerful facts and figures showing how companies with higher numbers of women in leadership positions have higher profits. And before you start debunking the correlation as not necessarily causative, whether the chicken came before the egg here isn't really the point. The bottom line is that these companies have something to show the rest of the corporate world--a world where still, in the 21st Century, women hold only 18% of board positions. Thanks to Mr. Kristof for this great editorial.

Twitter, Women, and Power - The New York Times

Meet Samantha Marquez, Girl Genius and Up-and-Coming Scientist

Here's a story about am amazing 17-year-old girl named Samantha Marquez who already has seven scientific patents under her belt. One is for Celloidosome, something that can organize cells into a new or different structures. Most of this science talk is beyond me, but I thought it was a great example of girls who are succeeding in STEM fields.

INNOVATOR: Samantha Marquez, Pioneering Teen Scientist - NBC

Powerful Poetry Slam: To the Man on the Bus

Following up on the last post, I wanted to share this incredibly moving poetry performance by a young man who was standing up for a woman on the bus. Apparently this piece was a part of the 2013 National Poetry Slam in Boston. There's not much to say about it, other than that it is beautiful. Please watch the video at this link:

7 Cowardly Words From A Totally Sexist Stranger Sparked This Courageous Response - Upworthy

More and More Rape Survivors are Choosing to Go Public

Here's an interesting new approach being taken by increasing numbers of young people these days who survive a sexual assault. Being a survivor has long been considered a major taboo or stigma due to the shame, humiliation, and embarrassment that survivors may feel in coming forward. And then of course, there are the real, actual punishments inflicted upon survivors when they do come forward: everything from re-victimization by law enforcement, the court system, educational institutions, blame from friends and family who struggle to make sense of what happened (and in some countries being stoned to death or burned alive!), direct retaliation by the perpetrators, friends or family of the perpetrators, or the public, and, most of all, blame from yourself as the survivor.

On top of all that, there are the more subtle, more cerebral, considerations surrounding the overwhelming fear about the details of your story becoming public information. The details of the event are of course very personal and very humiliating. Why would you want everyone to know those things about you? Why would you want everyone who ever sees you or meets you for the rest of your life to associate you with such atrocities? With such vulnerability? To see those images of you in their minds? They have no right to see that; no none does. Why would you want to identify yourself in that way to other people? To be inextricably intertwined with that story, so that it forever becomes a part of your identity in others' minds? Why tell people those things, and in so doing, perhaps make yourself that much more vulnerable than you already are, which is pretty damned vulnerable?

Maybe part of the fear comes from a fear a re-attack. If people know you are damaged in this way, then what if they use that information to take advantage of you again? After all, some people are evil, and those people do and will take advantage. That, if nothing else, is what you have learned from your awful, dreadful experience. Right?

Indeed, there is so much to consider in deciding whether to tell anyone at all (let alone everyone), if so, who, when, and how much to tell, and what will happen to you, your identity, your life, and to the lives of others, as a result of coming forward.

But as the thinking here (in this article below) goes, it is only in silence that the perpetrators continue to win. Again and again and again. They are guaranteed through your silence that they will continue to live their lives without any real consequences or repercussions, and they will (in most cases) be guaranteed the opportunity to reoffend over and over again, continuing to ruin the lives of the vulnerable and everyone around them. Maybe, just maybe, by finally putting aside the shame and the secrecy, in the name of privacy, we as a society can truly understand the depth and the gravity of what you have been through, how it has affected you, how it has affected everyone else in your life, and what we as a society can and should DO about it. Only then can we all truly understand the importance of accountability and community support. Maybe your story will not be enough to send your rapist(s) to prison for life, or to prevent him (or her, or them) from hurting someone else, but with your story, at least there's a chance. Without it, there's nothing but privacy.

Easier said than done.

On the other hand, the whole idea of rape shield laws and a victim's right of privacy was to help survivors maintain their dignity and avoid public scrutiny and condemnation. I could certainly see that point of view, too. After all you've been through, why should you be punished or humiliated by putting yourself out there like that?  On the other hand, are you, at some point, doing a disservice to the public by not sharing this information? Yes, these are difficult decisions indeed.

There is no right or wrong answer. It always depends on your individual situation and what you know and feel in your heart is the right thing to do. But this article was moving and powerful and inspiring and raised some very good points to consider. I think this courageous young lady, Daisy Coleman, like the hundreds of other survivors who have chosen to go public, has some good things to say. Part of the new dynamic with today's young adults is that social media has the ability to quickly and powerfully transform social consciousness in ways that were not available to the young adults of yesterday. For better or for worse, privacy is being eroded, sometimes by choice, sometimes not, but one upside is that people seem to care more about these issues than they did before. And that (hopefully) is a good thing for women today.

Why Rape Victims Are Giving Up Their Right to Privacy - nymag.com

On the flip side, there is also the dreadful possibility that photos or videos of the actual assault will be released to the public:

The Big Problem With How We Report on Sexual Assault Online - Time

This is NOT, I repeat, this is NOT, the same as thing as the survivor making a conscious, informed decision about whether to tell her (or his) story. Only YOU as the survivor should have the power to decide if, when, who, and how much to tell. But this related issue also touches on privacy and victims' rights when it comes to sexual assault, so I thought it was worth including. And it does raise a larger question common to both issues: Does putting sexual assault more into the public limelight, and the public media, increase awareness of the problem and support for survivors, or does it merely increase insensitivity to violence, as well as public condemnation and threats of violence toward the survivor? I suppose it all depends on how the information is conveyed.

Southwest Virginia Community Health System Settles Sexual Harassment Suit

Southwest Virginia Community Health System (SVCHS) in Saltville, VA has settled a sexual harassment suit brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a female receptionist at the Troutdale, VA clinic. The receptionist alleged that she was sexually harassed by a male patient at the clinic and that the company failed to take action to stop the harassment after she complained about it.

Southwest Virginia Community Health System to Pay $30,000 to Settle EEOC Sexual Harassment Suit - EEOC Press Release

U.S. Customs and Border Protection Settles Sex Discrimination Suit

A female border protection agent in upstate Maine, who worked at the U.S. Customs and Border Protection's Coburn Gore facility near the Canadian border, filed a lawsuit against the U.S. Customs and Border Protection for sex discrimination after suffering years of bullying at work based on her gender. This woman's charming male supervisor allegedly made numerous comments to her about how a woman's place is in the kitchen where she'd better have dinner "hot and ready." She also made allegations of incidents of physical harassment in addition to the ongoing verbal harassment, and she claimed she was eventually terminated from her job on trumped up charges.

Well, lucky for her boss, she had a lawsuit "hot and ready" for him! And now Customs has settled the case for $285,000. Unfortunately, the nasty boss still works there, seemingly with no real consequences or repercussions (an all too common occurrence), and she is now working as a store clerk. Hopefully this money will help her get back on her feet and back into law enforcement where she wants to be.

Maine Border Protection Agent Wins Six-Figure Discrimination Settlement - mpbn.net

Former Highest-Ranking Female Executive at Booz Allen Hamilton Settles Sex Discrimination Suit

At one time, Molly Finn was the highest-ranking female executive at large defense contracting company Booz Allen Hamilton. This is a company where only about 20% of the partners are female. Ms. Finn, who began working at Booz in 1986, claims that the higher she got up in the ranks, the more discrimination she experienced, because of what she and others call a glass ceiling, which seeks to get rid of women before they advance any further. (We wouldn't want them taking over the company, aahhh!) Ms. Finn says that another executive at the company told her to "stop saying 'pro-woman, feminist things'" if she wanted to keep her job. Eventually, Booz fired her in 2010. She filed suit in 2011 and has now settled the suit. Naturally, Booz has admitted no wrongdoing, but a female spokeswoman for the company did point out that, "The higher you go in the firm . . . the risk is higher." The risk of what exactly? The risk of a discriminatory termination, maybe? Hm, cryptic words indeed from a company woman.

Another female executive of Booz, Margo Fitzpatrick, who began working at Booz in 1999, was also fired in 2010 and also filed suit in 2011 for the same reasons. Her suit is ongoing.

Booz Allen Hamilton Settles Lawsuit with Former High-Ranking Female Executive - The Washington Post

Fourth Circuit Court of Appeals Reverses Dismissal and Revives Case Against Family Dollar Stores

The Fourth Circuit Court of Appeals has given the pay discrimination class action against Family Dollar Stores, Inc. a second chance. Fifty-one female store managers of Family Dollar brought suit in federal court in Alabama against Family Dollar, claiming they were paid less than male store managers for doing the same work. Family Dollar then got the case transferred to a different court in North Carolina. Family Dollar then filed a motion for judgment against the Plaintiffs, arguing that the Plaintiffs could not meet the requirements for class action certification under the federal rules.

During this time, another major class action for gender discrimination was going on, the Dukes v. Wal-Mart case. Dukes v. Wal-Mart was a class action sex discrimination case brought on behalf of 1.5 MILLION female employees of Wal-Mart. At the time, that case had been reversed in favor of the Plaintiffs by the Ninth Circuit on the class action certification issue, but Wal-Mart took the case to the U.S. Supreme Court for . . . ahem  . . . further consideration . . . .

Meanwhile, in the Family Dollar case, the trial court in North Carolina originally denied Family Dollar's motion for judgment against the Plaintiffs. HOWEVER, it appears that Family Dollar succeeded in getting the case transferred to yet another different judge who would . . . ahem . . . maybe see the case differently. And indeed the new judge did. That is because, while the case was being stalled and moved around to different courts and different judges (it appears here that Family Dollar's attorneys may have been stalling for time and awaiting the U.S. Supreme Court's decision in the Wal-Mart case), the Supreme Court reversed that Ninth Circuit's decision in Wal-Mart and threw out the Plaintiff's class action claims.

The Court in Wal-Mart held that the Plaintiffs could not meet the commonality requirement for class action certification where they were all from different districts and the decisions that were allegedly discriminatory were made by different district managers. In other words, as relevant to Family Dollar, if one manager decides to pay you less because you're a woman, and a different manager decides to pay somebody else less because she is a woman, your claim does not have enough in common with the other woman's claim, even though you are working for the same company and have the same claims, because there are different decision makers involved, so you cannot bring the claims together in the same law suit (or at least not as a class action).

Well, the trial court in the Family Dollar case cited the new Wal-Mart decision when it threw out the Plaintiffs' claims by granting Family Dollar's motion for judgment and denying the Plaintiffs' motion to amend their Complaint, thereby axing their entire case. This was despite the fact that the Wal-Mart decision essentially added new and additional requirements to what must be included in the Plaintiffs' original complaint, but the Plaintiffs were not allowed to correct their original Complaint to account for those new requirements. The OTHER Catch-22 of course, was the fact that the Plaintiffs in Family Dollar were alleging that it was the centralized corporate policies of Family Dollar that led to the pay discrimination (the same policies in every district), yet they were never given the chance to pursue that theory or those allegations. The ultimate Catch-22 with these cases (and with all the new and additional pleadings requirements being erected by the courts in recent years, the overall point of which, imho, is just to make it more difficult for individuals to sue big corporations), is that one cannot prove one's theories in the absence of discovery during litigation (the process by which the parties obtain information from the other side to prove their respective theories of the case), yet they are never given the chance to engage in any discovery which they would need to prove their case, because their claims are axed at the outset, based on the fact that they have not put enough established information (a.k.a PROOF that they don't yet have) IN THEIR COMPLAINTS! Argh.

So, on the basis of Wal-Mart, the trial court in Family Dollar finally axed the Plaintiffs' claims.

BUT THEN, in came the Fourth Circuit, which REVERSED the trial court's denial of the Plaintiffs' request to amend their Complaint. As the Fourth Circuit observed, even if lower level managers are making different subjective and discriminatory decisions, they are not the ones setting the policies for the entire corporation, so if the policies themselves are discriminatory, then that equates to commonality for class action purposes. And, as the Court also noted, the Plaintiffs were alleging that higher level managers were also making discriminatory decisions that affected multiple districts and plaintiffs. Again, commonality. The court used these and other facts to distinguish the Wal-Mart case from the Family Dollar case. Simply put, the Plaintiffs should at least get the CHANCE to make the allegations they need to make to satisfy the Wal-Mart class action requirements (which, imho, are now essentially new and additional requirements which are NOT set forth in the federal class action rule), because giving them that chance is "necessary to ensure meaningful review."

The Court also shot down Family Dollar's arguments that allowing the Plaintiffs to amend their complaint would be prejudicial to Family Dollar. The Court pointed out that Family Dollar cannot turn around and claim prejudice now when Family Dollar was the one prolonging the litigation all along. Bam. Eat it and like it, Fortune 500 friends!

So now the Plaintiffs can amend their complaint and revive the class action lawsuit. Thank you, Fourth Circuit! Here is a link the the Fourth Circuit's opinion:

Luanna Scott et al v. Family Dollar Stores, Inc. - Bloomberg Law

And for point-and-counterpoint purposes, here is a pro-corporate rant about how horrible this decision was:

Supreme Disregard in Scott v. Family Dollar - The Wall Street Journal

Now, we can probably expect Family Dollar to try to take it up with the Supreme Court. . . .

Ex-Mayor of San Diego Bob Filner Pleads Guilty to Criminal Charges in Sexual Harassment Scandal

Bob Filner has now pleaded guilty to criminal false imprisonment and battery charges in connection with his extensive and egregious (and now apparently admitted) sexual harassment of numerous City of San Diego employees. At least he is "manning up," as they say in sexist terms.

It is unfortunate for Democrats that this happened with the first Democratic mayor in San Diego in twenty years--and within nine months of him taking office. Unfortunately, when an office is this political, and there had been a lot of bipartisan animosity brewing in this office in recent years, this kind of thing, in some ways, gives all Democrats a bad rap. Some democrats have written this off as a shameless political smear campaign, but it's clear by this point that the charges are substantiated. Maybe another democrat will step up who is NOT so pervy!

Lessons from Ex-San Diego Mayor Filner's Sex Harassment Scandal - L.A. Times

Sushi Den in Denver, CO Faces Charges of Sexual Harassment and Discrimination

Four employees of Sushi Den in Denver, CO have filed Charges of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) against the restaurant for sexual harassment and sex discrimination. (Note: The news refers to suing and complaints, but that is somewhat incorrect as this is just an administrative charge and NOT a lawsuit, YET.)  Some of the allegations are that male owners and managers told the women they were not as smart as males and lacked the common sense of men. There are also allegations of systemic failure to promote women to management and chef positions and incidents of physical touching and lewd remarks.

Sushi Den Named in EEOC Complaint for Sexual Harassment - The Denver Post

Sushi Den: Investigator Discredits Female Employees’ Discrimination Complaint - kdvr.com

Well, shoot, thankfully these women at least have the SMARTS and COMMON SENSE to pursue their claims! That's all I can say. Dang! I have only eaten at this restaurant once, many years ago, but it is supposedly one of the best sushi restaurants in Denver. I did read somewhere, though, that they had ongoing issues with food and safety inspections as well:

Denver’s Top Health Code Violators Revealed - kdvr.com.

It may be be better when you find yourself in the Mile High City to drink your sake somewhere else!

Son at Pennsylvania McDonald's Who Stood Up For Female Workers Being Sexually Harassed by his Father-Boss Gets Fired and Files Charge of Discrimination

Here's a fun one: A man has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) against McDonald's, claiming that his 72-year-old FATHER, who is ALSO his boss at a McDonald's in rural Pennsylvania, sexually and racially harasses his employees and also forces his employees to help him hire hookers. What? Well, the Charge alleges that the father fired the son after the son confronted the father about his harassment of other workers, in an effort to protect the other workers, thus giving rise to a retaliation claim for the son.

The son claims that the father is obsessed with strippers and hookers. The father claims this is a family matter. Hm. Well, if these allegations are true, then let's just hope for this son's sake that the apple DOES fall far from the tree! And of course, McDonald's washes its hands of the whole mess because this father-of-the-year is running an independent franchise. I'm lovin' it!

Local McDonald's Owner Subject of Son's Harassment, Prostitution-Related Complaints - The Patriot News

Female Bartender in L.A. Files Suit Alleging She Was Fired For Being Pregnant and for not Dressing Like a Hooker

The King's Head Pub II on Ventura Boulevard in Los Angeles, CA is facing a lawsuit by a former bartender who says she was fired after her boss found out she was pregnant and that the boss also said she dressed too conservatively and not enough like a "California hooker" because she wore pants instead of miniskirts. Yes, I think it has been quite a while since women won the right to wear pants to work and to procreate AND work, too!

Pregnant Studio City Bartender Fired Because She Wore Pants, Didn’t Look Like ‘California Hooker,’ Suit Alleges - Los Angeles Daily News

Female Deputy Sheriff Files Sexual Harassment and Discrimination Complaint in Madison County, Tennessee

A female deputy sheriff in Madison County, Tennessee has filed a complaint of sexual harassment against the Sheriff's Department, alleging that a male deputy sheriff sexually harassed her for years. This article does not really provide many specific facts, but the video does reveal that there was allegedly some physical violence which led to the police being called to the female deputy's home and led the courts to grant a temporary protection order against the alleged harasser in order to keep the female deputy safe. Yikes! One can only imagine.

Deputy Alleges Years of Sexual Harassment From Sheriff - wbbjtv.com

Bad Domestic Violence Joke Gets Bar Employee Fired

Hey dude, I have an idea for the chalkboard sign out front! You know how beer can be domestic? And violence can also be domestic, like when a dude beats on his wife? Well, maybe if we make a joke about domestic beer AND domestic violence, we will sell more domestic beer! Dude!

So this brilliant bar employee puts out a sign in front of the bar where he works that says: "I like my beer like I like my violence: Domestic."

Brilliant.

Um . . . no. Just no. Dude, seriously, so. Not. Funny. Luckily, the bar owner who employed this dimwit employee agreed, and FIRED his ass. But the owner even went a step further than that and decided to DONATE profits from the sale of each beer to domestic violence awareness and prevention. Good show, old chap.

Bar Employee Makes Domestic Violence Joke To Sell Beer, Gets Rightfully Fired - Huffington Post

12 Amazing Women from Nepal

Here is a really nice collection of photos and biographies of some very amazing and powerful women from Nepal. Among these women are the first female Nepali elephant rider, the first female Nepali mountain guide, and the first female Nepali pilot. I hope you enjoy it as much as I did.

Women Who Broke The Rules In Nepal - NPR

Female Students who were Sexually Assaulted Sue Emerson College for Civil Rights Violations

The day after an Emerson College student was raped by two assailants, one of them a fellow Emerson College student, the survivor reported the rape to the College. Their response? Don't make a big deal about it! What? Several months later, they get around to starting an investigation (as they are legally required to do under Title IX of the Civil Rights Act), and during that investigation (which of course exonerates the rapist), he rapes her again!! Okay, I'm no rocket scientist, but I DO know that this is precisely one MAJOR thing that Title IX was designed to PREVENT. THEN, the school tells the SURVIVOR (note: NOT the perp) to take a semester off!! Again, one MAJOR thing Title IX is designed to prevent is the denial of equal educational opportunities for women as a result of gender-motivated violence. Smooth move, Emerson.

Well now, thankfully, this brave survivor, along with other survivors from Emerson College, have filed a Title IX lawsuit against the school. I am glad to see more and more of these cases being filed in recent years. Maybe now there will actually be some accountability in this area.

Emerson College Told Sexual Assault Victim Not To Make Big Deal Of Attack: Complaint - Huffington Post

United States Sues Annapolis Internal Medicine in MD for Pregnancy Discrimination and Retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Annapolis Internal Medicine in Annapolis, MD for pregnancy discrimination and retaliation. The lawsuit alleges that the company discriminated against a female receptionist because she was pregnant, and then fired her because she complained about it.

EEOC Sues Annapolis Internal Medicine for Pregnancy Discrimination and Retaliation - EEOC Press Release

United States Sues Industrial Labor Management Group, Inc. (ILM) in Nashville, TN for Gender Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Industrial Labor Management Group, Inc. (ILM) in Nashville, TN for gender discrimination. The lawsuit alleges that ILM, a temporary staffing agency, refused to place qualified female applicants in positions because of their gender. It further alleges that ILM directly told a female applicant that certain jobs in warehouses were only for men.

EEOC SUES Employment Staffing Agency ILM for Sex-Based Hiring Discrimination - EEOC Press Release

United States Sues Red Lobster for Sexual Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has sued GMRI, Inc., doing business as Red Lobster in Baltimore for sexual harassment. The lawsuit alleges that a male manager at the restaurant sexually harassed numerous female subordinates with various repulsive acts, including pressing his groin against them, grabbing and groping them against their will. It further alleges that the women tried to complain, but the manager above him was a sexual harasser as well. Let's hope these lobster attacks will not happen to these women anymore.

EEOC Sues Red Lobster for Sexual Harassment - EEOC Press Release

 

United States Sues Kenan Transport Co. of Spartanburg, SC for Pregnancy Discrimination and Retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Kenan Transport Co. of Spartanburg, SC for pregnancy discrimination and retaliation. The lawsuit alleges that the company forced a female billing clerk to take unpaid medical leave because she was pregnant, and then fired her after she complained about it.

Spartanburg Trucking Company Sued for Pregnancy Discrimination and Retaliation - EEOC Press Release

Destination Tahoe Hotel Settles in Sexual Harassment Suit

A Tahoe Ski Resort company called Destination Tahoe Hotel is shelling out $30k for a sexual harassment suit brought against it by the United States Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that a male manager sexually harassed a female subordinate (a food server) and that the company then demoted her after she complained about it.

Tahoe Ski Resort Settles EEOC Suit for Sexual Harassment and Retaliation - EEOC Press Release

Pregnant Women in New York City Now Entitled to Greater Legal Protections from Discrimination

New York City just passed the Pregnant Workers Fairness Act. In a nutshell, the Act requires employers to give reasonable accommodations to pregnant women on the job. Under most such laws, pregnancy by itself is not considered a disability that would entitle someone to any accommodations on the job but only becomes a disability if it is accompanied by an additional medical condition. This law is quite progressive then as far as these laws go. Only 7 states (AK, CA, CT, HI, IL, LA, and TX) have similar laws at the state level. And at the federal level, a similar law, the federal Pregnant Workers Fairness Act, was introduced in Congress in May of this year but has not passed.

New York City Passes Law To Protect Pregnant Workers From Discrimination - Think Progress

Mormon Women Protest for the Right to Become Priests

Mormon ladies are getting feisty! A Mormon activist group called Ordain Women organized a group of some 150 Mormon women and their supporters at an all-male convention of Mormon priests. The women were turned away. I wonder how long it will be before Mormons level the playing (or preaching) field. For that matter, I wonder how long it will be before these women realize that these religions are inherently sexist and they can simply start their own religion! But who am I to say they should not still fight for equality within their existing establishment? By all means, preach on, ladies.

Mormon Officials Turn Away 150 Female Members From All-male Conference - The Raw Story

Title IX Investigations All Over the Country Halted by Government Shutdown

There is at least one group of people that is actually benefitting from the federal government shutdown over the past week: college rapists!! The U.S. Department of Education Office of Civil Rights (OCR) is typically charged with compliance and enforcement of the sexual assault investigations happening (or, more commonly, not happening) on all higher education campuses across the country that receive federal funding. However, as a result of the shutdown, OCR is 94% shut down as well and will not able to do its job. This of course will lead to more deficiencies in the way rape complaints are handled at schools around the country. Such services are apparently not essential, according to the government. Bad news bears.

College Sexual Assault Investigations Grind To Halt Due To Shutdown - Huffington Post

Hold Onto Your Ovaries Before You Get Behind That Wheel! Holy Ovaries, These Women Want to Drive Cars!

This is hilarious. But I think the title of the article conveys that pretty well already. Note that this man is NOT a doctor of any kind and of course has absolutely no scientific evidence whatsoever for his claim that women in Saudi Arabia will damage their ovaries if they start driving cars. WHAT?! Uh . . . mm-kay. He is a cleric--as in, member of the church. I wonder whether, under this theory he has seemingly pulled out of his you-know-what, opening bank accounts, traveling, working, or getting an education without express permission from one's male guardian (all of which are also still outlawed for women in Saudi Arabia), will also cause damage to the ovaries?? And I wonder whether all of this ovarian damage is occurring to women engaging in these activities all over the world, or whether it is something specific to Saudi ovaries?? I wish we knew about this riveting (NOT) theory.

Saudi Cleric Warns Driving Could Damage Women's Ovaries - CNN

Owners of Angelo's Pizza and Grill in Buffalo, NY Settle Sexual Harassment Suit Against Them

Wow, the 3 male owners of Angelo's Pizza & Grill in Buffalo, NY seem to have gotten away with a pretty good deal for a sexual harassment lawsuit brought by 7 female subordinates. They are only paying $35,000 total for all 7 claimants in a settlement with the U.S. Equal Employment Opportunity Commission (EEOC), who brought the suit on behalf of the 7 females. These females alleged that all 3 male owners sexually harassed them over a 7 to 8-year period, including groping their breasts, grabbing their asses, simulating sex with phallic objects held between their legs, regularly talking about blow jobs and sex, and even locking one in the food cooler and forcibly fondling her in the dark. Gross. They also alleged that 2 of them were fired for complaining about it. Sounds like these pizza boys got off easy! Well, at least these ladies got a little slice of the pie, and (hopefully) the (alleged) pizza perverts did not get the pie they were after!

Angelo's Pizza & Grill Settles EEOC Sexual Harassment Lawsuit for $35,000 - EEOC Press Release

New Trial for Battered Woman in Florida Who Was Sentenced to 20 Years in Prison for Firing a Warning Shot

An appellate court in Florida has reversed the conviction of Marissa Alexander, An African-American woman who was sentenced to 20 years in prison for firing a warning shot into the air while being abused by her husband. Apparently there was a major altercation in the home about a week after the couple's child was born, during which Marissa had to lock herself in the bathroom to get away from her husband, who was threatening to kill her that day. He "broke through the door, grabbed her by the neck, and" threw her into the door. She ran into the garage to escape, but she could not get the garage door open. So she grabbed the gun and ran back in. As he threatened to kill her, she fired a warning shot into the air. No one was hurt by the shot.

Meanwhile, convicted rapists are getting 30-day sentences . . . . 15 months at best . . . . .

Marissa pleaded the Stand Your Ground defense, but the defense failed. Instead, the jury convicted her of aggravated assault with a deadly weapon and she was sentenced to 20 years because it is the mandatory minimum sentence for gun crimes. Now the appeals court has remanded the case for a new trial because the jury instructions on self defense were erroneous.

Interestingly, the prosecutor who prosecuted Marissa Alexander was the same prosecutor who prosecuted George Zimmerman. Only Zimmerman was acquitted for his role in the altercation which resulted in the actual death of Trayvon Martin.

Marissa Alexander Will Get a New Trial - MSNBC

Florida Woman Given 20 Years For Firing Warning Shot Gets New Trial - nbcnews.com

Zoria Farms/Z Foods of Fresno, CA Sued for Sexually Assaulting, Harassing, and Retaliating Against Workers

The U.S. Equal Employment Opportunity Commission has sued Z Foods, Inc., formerly known as Zoria Farms, Inc., a dried fruit producer based in Fresno/Madera, CA, for sexual assault, sexual harassment, and retaliation. The EEOC claims that multiple supervisors at the company had been sexually abusing numerous female subordinate workers for years, and then fired the workers who refused their sexual demands, and also fired the workers who reported the abuse, and even fired the victims' family members. The complaint also alleges that male employees who stood up for the women and complained about the abuse were also hornswoggled out of a job when the company changed hands. The company is apparently no longer in operation and the phone lines are disconnected. Sounds like their fruit's already dried up.

Calif. Producer Faces Federal Sex Harassment Suit - The Fresno Bee

Fruit Processing Plant Sued for Sexual Assault, Harassment - abclocal.go.com

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation - EEOC Press Release

Gender Equality Rankings by U.S. State

Here is a really cool compilation of data and infographic which tells us the rankings for all U.S. states in terms of women's equality. The Map incorporates all kinds of different factors, from number of women in political office, to number of women living in poverty, size of the wage gap, pro-choice/anti-choice laws, paid leave laws, number of women in management positions, etc. If you click on the link to explore the data in more detail, you can actually look at each individual factor they analyzed and view all the states by rank on that particular factor. Many of these rankings are no surprise, but there are others which seem inconsistent with my personal experiences . . . . One thing that came as no surprise to me, however, is that the Deep South is not the nation's hub for gender equality! How do your states fare?

Mapping the State of Women in America - Center for American Progress

Jomar/Seko CEO Sued for Sexual Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Jomar Transportation, Inc. of Atlanta, GA, doing business as Seko Worldwide, for sexual harassment. The EEOC alleges that the owner and CEO of the company sexually harassed a female manager. Among various other lewd acts, the complaint alleges that this CEO kept a pair of rubber breasts and a jar of vaseline on his desk at work at all times. That was the one that really jumped out at me. Was this for ease-of-harassment purposes I wonder? You know, because you never know when you're going to need to harass someone in a hurry, so you'd better have props at the ready, right? Let's all stay abreast of the legal developments in this case!

Jomar / Seko Worldwide Sued by EEOC for Sexual Harassment - EEOC Press Release

Platinum Oil Company Pays $100,000 in Pregnancy Discrimination Suit

Platinum, PTS, Inc. of Laredo, Texas has settled a lawsuit brought by the U.S. Equal Employment Opportunity Commission for $100,000. The EEOC alleged that the company fired a female employee after she asked for time off for a miscarriage.

Texas Oil Company Owes $100,000 For Pregnancy Bias - hr.blr.com

Sixth Circuit Court of Appeals Unanimously Votes Against Autocam Corp. in Obamacare Case

There is another "Obamacare"-and-women's-health-care case going on right now in the Sixth Circuit. In that case, like the Hobby Lobby and Hercules cases in the Tenth Circuit, Autocam Corporation has sued the federal government claiming that The Affordance Health Care Act's new mandate that employers must cover women's health care services as part of their employer-sponsored health insurance plans infringes upon the *corporation's* religious freedom under the Religious Freedom Restoration Act (RFRA).

Under the RFRA, *persons* are entitled to worship a religion freely without undue interference by the government. Autocam apparently believes certain reproductive health care services for women (birth control, family planning, pills) are A SIN and against its religion. But one threshold question in all of these 70 or so cases recently filed in federal courts around the country has been: How on Earth is a *corporation* considered a *person* that could actually hold religious beliefs? Well, recently, the 10th Circuit, in the Hobby Lobby and Hercules cases, has answered that question in the affirmative.

UNLIKE the 10th Circuit, however, the 6th Circuit last week UNANIMOUSLY answered that question in the negative. So in the 10th Circuit now, corporations are people for purposes of religious freedom, but in the 6th Circuit, they are NOT. How interesting that two different appellate courts could reach such a different result on the same question around the same time. Here is a copy of the 6th Circuit's opinion:

Autocam Corp. v. United States - 6th Circuit Court of Appeals

More Info on the issue: A Second Federal Appeals Court Rules Against For-Profit in Fight Over Contraception Coverage - RH Reality Check

The 3rd Circuit has also recently sided with the 6th Circuit in holding that corporations are not people and they must provide insurance plans with birth control, and so far the 10th Circuit is officially alone. This is very likely going to be a question for the United States Supreme Court.

Wesleyan University Settles in Title IX Fraternity Rape Lawsuit

There was another Title IX settlement last week in Middleton, Connecticut as well. Wesleyan University settled in a Title IX lawsuit against it, which alleged that the school failed to "supervise, discipline, warn or take other corrective action" against the Beta Theta Pi fraternity after a female student was sexually assaulted at their fraternity house. The lawsuit alleged that the University knew the Beta House, dubbed "The Rape Factory," was a notoriously dangerous place for women and had been the site of multiple previous assaults, but the college failed to take adequate measures to prevent students from future assaults. The survivor, a freshman, did not know about the house's history.

The lawsuit also alleged that the survivor was tormented on campus after the assault by supporters of the Beta House and that the University failed to protect her from this continued harassment and retraumatization. She eventually had to transfer to a different school. The rapist already pleaded guilty last year but received a paltry 15-month prison sentence. Hopefully this courageous survivor will find some peace of mind now that the lawsuit has concluded.

Wesleyan, Frat Settle Conn. Rape Victim's Lawsuit - boston.com

Court Documents Show Settlement In Wesleyan Rape Lawsuit - The Courant

WilcoHess, Operator of Wendy's and Travel Plaza Stores, Settles Sexual Harassment Lawsuit in Alabama for $215,000

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against WilcoHess, a company that operates more than 400 stores and restaurants, including Wendy's Restaurants and Travel Plaza Stores. The complaint alleges that a district manager at a WilcoHess Wendy's Restaurant and Travel Plaza Store in Tuskogee, Alabama sexually harassed many of his female subordinates and that the company failed to take appropriate action to stop the harassment for years. The company has now settled the case for $215,000.

WilcoHess Settles EEOC Sexual Harassment Lawsuit for $215,000 - EEOC Press Release

Occidental College in L.A. Settles in Title IX Sexual Assault Lawsuit

At least 10 female students at Occidental College in Los Angeles, CA filed a complaint against the college under Title IX of the Civil Rights Act for failing to respond appropriately to their allegations of sexual assault. Although there were only 10 or so plaintiffs in the case, there were at least 37 female students who claimed to have suffered from similar problems with the school. Now, Occidental College and the 10 or so female students have reached a settlement in the case.

Occidental College Settles with Students in Sexual Assault Case - L.A. Times

Colleges and universities who receive federal funding have a legal obligation to protect students from sexual assault under Title IX. Unfortunately, these institutions frequently go to great lengths to silence such allegations and discourage survivors from reporting or pursuing their allegations because of the negative publicity associated with such incidents. The obvious concern is that if potential students find out that a campus is unsafe, they will not want to pay to go to school there. However, a school cannot ignore its obligations under federal civil rights laws in order to advance its own monetary agenda.

There was a landmark case in Colorado a few years ago that made these types of cases easier to pursue. (U. of Colorado at Boulder Settles Lawsuit Over Alleged Rapes at Football Recruiting Party for $2.85 Million - titleix.info.) But they still remain very challenging cases. This is probably one of the few cases of this kind that has actually turned out well for the survivors. Congratulations to them.

EEOC Sues Triple T Foods in Arkansas for Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Triple T Foods, a pet food processor in Springdale, Arkansas, for pregnancy discrimination. The complaint alleges that the company fired a female lab technician just hours after finding out she was pregnant.

EEOC Sues Triple T Foods for Pregnancy Discrimination - EEOC Press Release

Lawsuit: Springdale Plant Worker Fired Because Of Pregnancy - 5newsonline.com

Jury Verdict Upheld for Female Firefighter in Florida

A female firefighter in Florida has won her appeal.  She was at one point the only female firefighter in the New Smyrna Beach Fire Department, that is, until the Department fired her after she complained about sexual harassment. Seven months ago, she won her federal jury trial against the City of New Smyrna Beach, and the jury awarded her $444,000 for discrimination, sexual harassment, and retaliation. The City moved to invalidate the jury's verdict, but the trial judge upheld the verdict. The City has now appealed to the 11th Circuit Court of Appeals in Atlanta to overturn the judge's ruling. Meanwhile, the judge has ordered the City to reinstate the plaintiff to her former job.

Judge Denies New Smyrna's Appeal in Female Firefighter Sexual Harassment Case - Daytona Beach News-Journal

Here is a copy of last year's summary judgment ruling which provides some of the disgusting facts of the case:

SMITH v. CITY OF NEW SMYRNA BEACH - Leagle

To summarize, her supervisors told her the Department normally only hires men. They told her women should be "in the kitchen." They told her "women should not be in the fire service" and it was up to her "to prove otherwise." They covered her training manuals with cutouts from Cosmo Magazine. They called her "kid" and "girl." They questioned her about being a single mom and talked to her about her "mothering role." They told her they wanted her to get pregnant so she could be their secretary. They assigned her to babysit their kids and scrub the toilets and the urinals at the fire station. They told her if she ever brought tampons to work again she would be suspended. They disciplined her for using cuss words twice when all the male firefighters cussed on a regular basis because they told her "a lady should not talk like that." One firefighter told her she was hot and beautiful and that he wanted to bend her over. He sent her a picture of his penis. They told her it would make her "career very tough" if she filed a harassment complaint.

Yes, these things really do happen all the time, in the 21st Century!! Congratulations to this brave woman, her attorney, the jury, and the judge for a just result.

EEOC Sues Newport News Industrial Corp. for Firing Female Employee After She Complained About Gender Discrimination

The United States Equal Employment Opportunity Commission (EEOC) has sued Newport News Industrial Corporation for retaliating against a female employee by firing her after she complained about gender discrimination. Newport News Industrial is headquartered in Newport News, VA, but these events took place at the Brunswick Nuclear Power Plant in Southport, NC. EEOC filed suit in NC.

EEOC Sues Newport News Industrial Corporation for Unlawful Retaliation - EEOC Press Release

Female Police Officer in Pennsylvania Sues for Harassment and Discrimination

A female police officer in Mount Oliver, PA has sued the police department there for sexual harassment, sex discrimination, and other claims. She was the only female officer on the force in Mount Oliver. The lawsuit alleges that this officer was bullied and sexually harassed for years. She alleges she was barged in the bathroom by a male officer, and the department refused to put a working lock on the door to prevent this from happening. She alleges that instead of putting a lock on the bathroom door as requested (so they wouldn't keep catching her with her pants down), they assigned her to clean the bathrooms. You know, because lady cops are really just maids. There are many other allegations too, but I thought the bathroom-barging was interesting. She must not have been doing a good enough job cleaning the toilets, because they allegedly denied her promotions and ultimately fired her after that. Wow, tough place to be a lady cop.

Woman Who Was Only Female Mount Oliver Police Officer Sues Claiming Discrimination - Pittsburgh Post-Gazette

Call Out Your Next Creepy Street Harasser on Craigslist!

Here's one way to talk back to someone who harasses you on the street: write him a "Missed Connections" ad on craigslist. That's what this woman did, and it is pretty entertaining. This has happened to me many times too, and we probably all know the anger and frustration of imagining what you would have said, should have said, could have said, if we had actually said something back in a situation like that--if we would have thought of a clever comeback in time. Well this woman put her clever comeback on craigslist. Who knows if the pervy harasser will ever find it or read it, but other people sure are reading it, and hopefully it sends a powerful message.

Amazing Craigslist “Missed Connections” Calls Out Creepy Street Harasser - Salon

A Call for More Women Judges (in the Context of the Health Care Cases)

Here's an articulate plea out of Denver for more women judges. The piece draws some intriguing parallels between "Obamacare" and women's rights. Currently, about 30% of federal judges nationwide are women (thanks in part to Obama, who has appointed far more women judges to the federal bench than any other President in U.S. history, despite Congress's refusal to approve many of them), and in Colorado it's 27%. And in the U.S. Court of Appeals (10th Circuit, which includes Colorado), it's only 10%.

There are two cases currently pending, one in federal district court in Colorado, and the other in the 10th Circuit, which deal with "Obamacare's" requirement that businesses cover reproductive health care services for women as part of their health care plans. The intent of this requirement was to eliminate the gender discrimination inherent in excluding certain health services for women, as such exclusions have an obviously disparate impact on women. Two companies, Hobby Lobby and Hercules Industries, are challenging this requirement as unconstitutional because it goes against their religious beliefs (presumably the belief that reproductive health care is evil or a sin, presuming that a corporation is a "person" who can actually hold religious beliefs (?)) and they should therefore not be required to pay for this type of health care. Interesting issues.

According to this writer, if there were more women on the federal bench deciding these types of cases, maybe those judges would be more likely to rule in favor of women's rights because they understand the importance of these services. Not sure if I agree that a judge would be more likely to rule one way or the other on a constitutional issue just because she is a woman, but still, it's something to think about.

We Need More Female Judges - Denver Post

For the law geeks, here is the recent appellate opinion on the injunction issues in the Hobby Lobby case which concludes that for-profit corporations are indeed "persons" who can hold religious beliefs (pages 25-35 of the opinion):

Hobby Lobby v. United States - 10th Circuit Court of Appeals

EEOC Sues Midway Neurological & Rehabilitation Center for Pregnancy Discrimination and Retaliation

The United States Equal Employment Opportunity Commission (EEOC) has sued Midway Neurological & Rehabilitation Center (located in the Chicago area) for pregnancy discrimination and retaliation. EEOC alleges that the company cut the hours of one of its social workers after finding out she was pregnant and then later fired her for complaining about it, during her maternity leave. These allegations, if proven, are violations of Title VII of the Civil Rights Act.

EEOC Sues Midway Neurological & Rehabilitation Center for Pregnancy Discrimination and Retaliation - EEOC Press Release

Sacramento County, CA Sued for Sexual Harassment

Two former government employees have sued the county in Sacramento, CA, alleging that their boss sexually harassed them for years and the county failed to respond appropriately to their complaints. Here's an interesting bit about the story: California has some of the toughest sexual harassment laws in the country. California requires all employers with 50 or more employees to put their supervisors and managers through sexual harassment training every two years. But THIS guy at the County (allegedly) continued to sexually harass his subordinate employees DURING the required sexual harassment training! Maybe you really can't teach an old dog new tricks.

Public Eye: Sacramento County Fights Sexual Harassment Claim - The Sacramento Bee

Owner of KFC Restaurant in Tennessee Sued for Sexual Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has sued Memphis Foods LLC, the corporation that owns a KFC restaurant in Tennessee, for sexual harassment. (Of course many huge corporations have separate corporations that own the actual restaurants, and then these separate corporations are the ones that get sued when something goes wrong.) The complaint alleges that a 54-year-old manager sexually harassed a 16-year-old girl, both verbally and physically, and then the restaurant fired the girl within a couple weeks after she finally reported the harassment. Finger-lickin'-NOT-so-good.

EEOC Sues Jonesboro Business for Sexual Harassment - KAIT8.com

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee - EEOC Press Release

Would Having More Women in Office Reduce Sexual Harassment?

Here is a great piece about local politics in San Diego and the Bob Filner sexual harassment scandal going on there. The fact that such egregious harassment could go on for so long in a political office raises a larger question about the gender dynamics in such environments. The statistics this article quotes are 19% as the number of women in Congress and 23% as the number of women in political office at the statewide level across the country (and of course 51% is the number of women in the general population). Interestingly, that number was 28% at one point but has been declining for the past 12 years.

This writer, Jamie Quient, observes: "More women at the top would help end the culture of silence that enables sexual harassment to go unreported and unaddressed." Quient also notes how difficult it can be for women to come forward about harassment "when the person harassing you controls your livelihood and can shape your professional reputation." Amen to that! I completely agree with this assessment. If there were more women in leadership positions, not only would bosses be less likely to sexually harass their subordinates, but the subordinates would also would have more superiors they felt comfortable talking to about harassment if in fact they were being harassed. Thanks to Donna Frye for her courageous act of coming forward in San Diego and to Jamie Quient for this great article.

San Diego Needs More Donna Fryes - Voice of San Diego

Virginia Tech Pays $155,000 to Settle Pay Discrimination Case

Interesting legal chronology in this case: Plaintiff goes all the way through a jury trial, a jury of her peers finds in her favor on BOTH claims, and THEN the judge decides unilaterally to TOSS OUT the jury decision because he did not agree with it, tossing out one claim completely and ordering a new trial on the other claim. I'm not sure what basis the judge had for this, but undermining a jury verdict like that seems entirely unAmerican to me. So the Plaintiff has to go ALL THE WAY through a SECOND jury trial, in which the second jury finds against her on the one remaining claim and she loses, and then all the way through an appeal in which the appeals court reverses the second jury's finding against her and reinstates her one remaining claim--none of which would have happened if the judge would not have gone against the original jury in the first place. What a headache!

Virginia Tech Settles Lawsuit Over Retaliation - Times Dispatch

California Finally Overturns 1872 Law Which Allowed for Rape While Impersonating the Victim's Significant Other

Good news out of California: It is now illegal to rape someone even if you are impersonating their boyfriend. I think I know what you're thinking. "What? Wasn't this already against the law?" Nope, not in California. Apparently there was still some 19th Century loophole lingering on the books that said it was illegal to rape someone if you are impersonating their husband during the rape, but if you are just impersonating their boyfriend, then it is okay. This actually led to the acquittal of a rapist who even admitted to raping the woman, but because he was impersonating her boyfriend, and because she was not married to the person the rapist was impersonating, he was innocent! Huh?? Well, in any case, it's all against the law now. Live and learn, California! Let's hope that guy does not do it again--or wait, let's hope he does, because this time he will actually be guilty. :)

California Finally Overturns Its 1872 Law Denying Justice For Unmarried Rape Victims - Think Progress

The Reality of Second Generation Sexism in the Working World

I'm glad to see someone finally discussing second-generation gender bias in the context of all the recent equal pay discussions. Why in so many different professions do women start out in equal numbers to men at entry level, but when you get to the top you see they have almost all dropped off the path to advancement? According to this article, it's because the path to advancement "is often interrupted for a simple reason: when women display leadership behaviors we consider normative in men, we see them as unfeminine. When women act more feminine, we don’t see them as leaders." This is the classic double bind that is the heart of second generation sexism. Either way, we lose. It is sexism reinforcing itself. Circular reasoning.

Studies also show women do not receive the same desirable or lucrative projects or assignments that would allow for advancement within a company. And women don't have the same opportunities for mentorship by leaders at the top. These vicious cycles are simply the reality of sexism reinforcing itself, again and again.

Ambitious Women Face More Obstacles Than Just Work-Life Balance - Harvard Business Review

Miss Kansas Kicks Ass!

WOW, check out Miss Kansas this year in the Miss America Pageant! Normally, I don't go for things like beauty pageants, and arguably they are inherently sexist. Period. (Are there male beauty pageants? No, not really in the same way, although there are of course male body building competitions. Mr. Universe, anyone?) But this year's Miss Kansas might just turn beauty on its head and stir up a few controversies along the way. This bombshell is a sergeant in the Army, an expert in archery, a boxer, a motorcycle racer, a skydiver, heavily and openly tattooed, in recovery (note the large serenity prayer tattoo on her right rib cage), a Chemistry and Chinese double major, an advocate for young girls, AND an aspiring dentist (note: NOT hygienist).

In this Huff Post article, Theresa Vail discusses how she was inspired by her experiences with being bullied as a child. She says, "It got so bad that I nearly took my own life. . . . My dad took me hunting with him and it saved my life. Ever since then, I've been an outdoors girl. My passion is empowering girls through male-dominated outdoor sports."

Still, she IS stereotypically bleach blonde and super skinny/petite, and she still has that Army-Barbie-with-all-archery-accessories-included air about her. Perhaps I will actually tune in this year and see if there is some substance behind this message. It would be awesome if she could inspire young girls to be badasses, like Katniss Everdine, but a real life shero!

Theresa Vail, Miss America Contestant, Is a Badass You Should Know About - Huffington Post

Burping and Ball-Scratching My Way to Gender Equality

Here is a VERY interesting bit about the gender dynamics of body language. This seems like a given when you think about it, but it becomes more interesting as you CONTINUE to think about it, peeling back the layers of sexism in each assumption, stereotype, and movement of your body. In essence, the movements and postures we typically identify as "feminine" are really just submissive. Conversely, "masculine" body language is really just domineering and/or empowering. However, that does NOT mean the TRULY feminine IS submissive or that the TRULY masculine IS dominant. Although female and submission are not actually synonymous, nor are male and domination, we have nonetheless conflated these two distinct realities in our bodyminds and body memories by literally acting out gender inequality each time we take a step. WOW. Trippy.

Researchers realized this when they discovered that MEN who are ordinarily "masculine" in their movements become more "feminine" when interacting with bosses or other authority figures. Of course, they are still men with the same levels of testosterone et al, but as they act out their feelings of submissiveness or inferiority in a given situation, they associate those feelings with typically "feminine" body language. Studies also revealed that the bigger your car is, the more likely you are to drive in a typically "masculine" or domineering fashion. Well, everyone who's been cut off by a giant SUV (a.k.a. everyone) already knows that.

Gender and the Body Language of Power - Sociological Images

Gender and the Body Language of Power - Jezebel

Now we can see why some men become defensive or indignant when women defy these norms by not crossing their legs, not being "ladylike," etc. Who cares, right? Well, it's because it's about more than that. They take it personally because it strikes at the very heart of their perceived superiority over half of the human population.

So, in sum, gender equality really does start one fart, burp, and curse word at a time. I've always been a firm believer in that. It's about time everyone else caught up!! :-p Take it from someone who is truly Feminine. :-)

8-Year-Old Girl in Yemen Raped and Murdered in the Name of "Marriage"

I try to keep it positive here on Lady Justice Law Blog, BUT this story is definitely an exception. In fact, it's so NOT positive that it made me sick to my stomach. Still, it's worth raising awareness. What is it REALLY going to take to put a stop to child rape and murder which is done, sanctioned, and perpetuated all in the name of culture and tradition? I'm all for culture and tradition, but some things are just WRONG no matter who or where you are. YUCK.

Bride Aged 8 Dies After Suffering Internal Sexual Injuries During Wedding Night With Man, 40 - Huffington Post UK

Ever Feel Like Putting a Giant Sticker on the Back of your Truck that Makes it Look Like You are Kidnapping a Woman?? Me too!! (NOT.)

Here's a fun one. Imagine the marketing and creative meetings going on at this company: "Hey, I got an idea! Let's make a tailgate decal of a woman tied up and kidnapped in the back of a truck so everyone who drives a truck can feel like they are kidnapping a woman, and everyone driving behind them will also think they are kidnapping a woman. People love kidnapping women! And it's SOO funny, too!" Do you think the vote in that meeting was unanimous, or . . . ? Oopsies, guess some people didn't think it was that funny.

Company in Texas Fails Hard with Tailgate Decal of Bound Woman - Jezebel