Sunday, October 12, 2014

Microsoft's CEO on Women and Pay Raises

Slightly old news now, but from the NYT: 

If you are a man speaking at a conference celebrating women in computing, it is probably all right to flatter the largely female audience members by telling them they possess “superpowers.”
It is probably unwise, though, to imply that they should avoid asking for a pay raise.

Just ask Satya Nadella.

Mr. Nadella, the chief executive of Microsoft, suggested on Thursday that women who do not ask for more money from their employers would be rewarded in the long run when their good work was recognized. The comments, made at the Grace Hopper Celebration of Women in Computing in Phoenix, drew swift and negative responses on Twitter.

And some commentary from Forbes magazine:  

Lots of men don’t “get it.” Lots of men don’t want to. And many men “get it” only imperfectly, but are open to course correction.

What we need now – all of us who have been working for gender equality in leadership, position and compensation – is a nuanced conversation focused on swift and effective action – not soapbox slogans. Women can not do this alone, and we can recruit those who are willing to our side…not alienate them for life. I for one think that Satya Nadella is the perfect candidate for an activist ally. Why not concentrate on that?

October 12, 2014 in Work/life, Workplace | Permalink | Comments (0)

Thursday, October 9, 2014

Supreme Court Preview of Women's Rights Cases

The National Women's Law Center has this preview, Supreme Court Preview: 2014-2015

This term, the Supreme Court will decide at least one case—and possibly multiple cases—with critical implications for both women’s health and women’s economic security.  The Court’s consideration of these cases comes in the immediate wake of the 2013-2014 term, when the Supreme Court’s decisions in McCullen v. Coakley, Burwell v. Hobby Lobby, and Harris v. Quinn—threatened real harm to both.  In addition, this term the Court will consider two other potentially important employment discrimination cases and a significant housing discrimination case, and may again take up the issue of marriage equality; the legal issues in all these cases are important for women.

October 9, 2014 in Equal Employment, Gender, Workplace | Permalink | Comments (0)

Thursday, October 2, 2014

Caps on Title VII Damages Codify Sex Discrimination

 Lynn Zehrt (Belmont) has posted Twenty Years of Compromise: How the Caps on Damages in the Civil Rights Act of 1991 Codified Sex Discrimination, 25 Yale J. L. & Feminism249 (2014).

This article takes a novel approach and reexamines the legislative history surrounding the enactment of the Civil Rights Act of 1991 with a central focus on exploring the issue of capped damages. Part I begins by briefly contrasting and summarizing the diverging remedies available under 42 U.S.C. § 1981 and Title VII. The article then shifts in Part II to an examination of the political climate and legislative history that forged the enactment of the 1991 Act, paying particular attention to the debate surrounding damages. This history reveals that many members of Congress had a discriminatory motive in capping damages for victims of sex discrimination under Title VII, and therefore, that these capped damages represent a codified version of injustice. Although prior scholarship documents the legislative history of the 1991 Civil Rights Act, it fails to adequately address the issue of capped damages. Thus, this legislative history is a substantial contribution to contemporary Title VII scholarship, as it provides necessary context for the current debate about whether to abolish the existing Title VII damage regime.

October 2, 2014 in Equal Employment, Workplace | Permalink | Comments (0)

Thursday, September 25, 2014

Misogyny at Fox News

From the Guardian UK

Presenters on US cable channel Fox News cracked a series of sexist jokes after reporting that a female pilot from the UAE had taken part in a bombing mission of Isis targets in Syria, describing her as “boobs on the ground”.

One presenter, Kimberly Guilfoyle, tried to pay tribute to Major Mariam al-Mansouri, 35, one of four UAE fighter pilots to take part in the operation. “Hey, Isis, you were bombed by a woman,” she said. “Very exciting, a woman doing this … I hope that hurt extra bad because in some Arab countries women can’t even drive.”

She continued: “Major Mariam al-Mansouri is who did this. Remarkable, very excited. I wish it was an American pilot. I’ll take a woman doing this any day to them.”

But: 

But after the segment, co-host Greg Gutfeld interrupted Guilfoyle, mocking the pilot. “The problem is after she bombed it she couldn’t park it,” he said. Another presenter, Eric Bolling, joined in, asking: “Would that be considered boobs on the ground or no?” The conversation between panellists, which was broadcast on Wednesday, was part of discussion show The Five on Fox News.

September 25, 2014 in Manliness, Masculinities, Theory, Workplace | Permalink | Comments (0)

Wednesday, September 24, 2014

Bad Sign When Management Looks Manly?

A new studey mentioned in the WSJ Blog

Here’s another sign why too much testosterone at the top might not be good for business.

Research has shown that, by nature or nurture, facial masculinity is associated with a slew of behaviors in men that range from increased aggression to a penchant for risk taking. Some economists decided to see what having a masculine-looking man at the helm of a company might mean.

So: 

Yuping Jia at the Frankfurt School of Finance & Management, with Laurence van Lent and Yachang Zeng at Tilburg University, collected pictures of 1,136 male chief executives at companies in the S&P 1500, and used a facial-structure metric to gauge how masculine each one’s face was.

Check out the results. 

September 24, 2014 in Manliness, Work/life, Workplace | Permalink | Comments (0)

Friday, September 19, 2014

Economist Magazine on Young v. UPS

From the Economist: 

ACTIVISTS on warring sides of the abortion debate rarely take the same position when it comes to Supreme Court cases involving women’s rights. But pro-choicers and pro-lifers have found common cause in Young v United Parcel Service, a pregnancy discrimination case the justices will take up on December 3rd. Yet the ideological overlap, while intriguing, is no guarantee that justices will reach consensus.

And the case facts: 

Peggy Young was working part-time as the driver of a delivery truck for UPS when she became pregnant in 2006. Ms Young’s midwife, frowning on the requirement in her job description that she haul 70lb boxes, wrote a note to UPS recommending that “she not lift more than 20 pounds." On this basis, Ms Young requested a few months of a lightened load. Other UPS employees were eligible for such an accommodation, she reasoned, so she wasn’t asking for anything out of the ordinary. Workers who were injured on the job, who were disabled under the terms of the Americans With Disabilities Act, or who lost their driving credentials were all eligible (under the collective-bargaining agreement) for “light duty” assignments. But Carolyn Martin, the company’s occupational health manager, rejected Ms Young’s request. Since pregnancy did not fall into any of the three categories of workers eligible for alternate assignments, UPS would not switch her to a less physically onerous job. Ms Martin "empathise[d] with [Ms Young's] situation and would have loved to help her," but sent her packing on an unpaid leave.

September 19, 2014 in Reproductive Rights, Work/life, Workplace | Permalink | Comments (0)

Monday, September 15, 2014

"Economic Gender Gap Will Close"

....or, so argues a writer featured in the NYT.  More: 

The first book, “Why Gender Matters in Economics” (Princeton University Press, 2014) by Mukesh Eswaran, an economics professor at the University of British Columbia, draws on data from past economic studies conducted under laboratory conditions to show how gender influences financial actions and relationships.

And more: 

In one set of these experiments, called the dictator game, women were found to be more generous than men. Players were given $10 and allowed but not required to hand out some of it to a hidden and anonymous partner.Women, on average, gave away $1.61 of the $10, whereas men gave away only 82 cents.

September 15, 2014 in Work/life, Workplace | Permalink | Comments (0)

Friday, September 5, 2014

Tying Record, Women Named to Japanese Parliament

From the NYT: 

TOKYO — Prime Minister Shinzo Abe of Japan unveiled a reshuffled cabinet on Wednesday that included five women, an apparent nod toward his promises to raise the status of women in the workplace. The appointments tie the record for the number of women in top political positions in Japan.

And: 

Since taking office in December 2012, Mr. Abe has spoken of the need to revive Japan, the world’s third-largest economy, by more fully unleashing the potential of its huge pool of highly educated women, who have long been relegated to relatively low-ranking positions in the work force.

September 5, 2014 in International, Work/life, Workplace | Permalink | Comments (0)

Thursday, September 4, 2014

Domino's Not Liable for Sexual Harassment at Franchises

Domino's Not Responsible for Harassment at Franchise

The Domino's Pizza chain isn't responsible for the alleged sexual harassment of a 16-year-old female employee of one of its stores because the franchise agreement left all personnel decisions up to the now-bankrupt store owner, says a closely divided California Supreme Court.

 

A lawyer for Domino's hailed Thursday's 4-3 ruling as "a great victory for the franchise industry" - which, according to a 2007 Census Bureau study quoted by the court, accounted for nearly $1.3 trillion in annual sales nationwide.

 

The ruling comes a month after the general counsel of the National Labor Relations Board reached a much different conclusion in another franchise case, saying McDonald's can be held jointly liable under federal law for wage violations at its restaurants.

 

The court case comes from Thousand Oaks (Ventura County), where the teenager, Taylor Patterson, said the assistant store manager groped her and made lewd comments soon after she started work in November 2008.

September 4, 2014 in Business, Equal Employment, Workplace | Permalink | Comments (0)

Wednesday, September 3, 2014

"Ban Bossy" and Its Critic

Sheryl Sandberg has championed the Ban Bossy campaign, and at least one feminist has criticized both her for doing so and the campaign itself.  

September 3, 2014 in Theory, Work/life, Workplace | Permalink | Comments (0)

Tuesday, August 19, 2014

Higher Tenure Rates for Men--Why?

Tracy had posted about three female professors at Northeastern who had been denied tenure recently.  On a related note, there is an article in Inside Higher Ed which takes note that more men than women have gained and are likely to gain tenure.  The question, of course, is why.

From IHE: 

In discussions about the gender gap among tenured professors at research universities, there is little dispute that there are far more men than women with tenure in most disciplines. But why? Many have speculated that men are outperforming women in research, which is particularly valued over teaching and service at research universities. With women (of those with children) shouldering a disproportionate share of child care, the theory goes, they may not be able to keep up with publishing and research to the same extent as their male counterparts.

And: 

Not only are men more likely than women to earn tenure, but in computer science and sociology, they are significantly more likely to earn tenure than are women who have the same research productivity. In English men are slightly (but not in a statistically significant way) more likely than women to earn tenure.

But: 

“It’s not that we need to make women more productive. It’s that we need to change the processes," said Kate Weisshaar, a graduate student at Stanford University who did the study.

Check out IHE article for Weisshaar's study.  

 

August 19, 2014 in Equal Employment, Work/life, Workplace | Permalink | Comments (0)

Monday, August 18, 2014

Virginity as requirement to teach in Brazil

According to Salon

Good luck getting a teaching job in São Paulo if you’re a woman who doesn’t want to undergo a pap smear or have a doctor certify your virginity in a written note. As outlined by a 2012 law that might well have been written decades (or even centuries) earlier, women who wish to become teachers in Brazil’s most populous state must undergo invasive gynecological exams to test for a variety of cancers, ostensibly to determine if the candidates pose a risk of taking extended absences to cope with an illness.

August 18, 2014 in Reproductive Rights, Work/life, Workplace | Permalink | Comments (0)

Sunday, August 17, 2014

The NBA has its first female union leader, a lawyer

She is Michele Roberts, a Boalt graduate, from a tough background.  

August 17, 2014 in Manliness, Masculinities, Women lawyers, Work/life, Workplace | Permalink | Comments (0)

Sunday, August 3, 2014

Overwork as Threat to Gender Equality

On the one hand, there is the good news

The new data presented by David Cotter and his co-authors suggest that support for gender equality and respect for women’s ability to combine work and family have resumed their upward progress. Other evidence reveals that millennial men express greater interest in more involved fatherhood and want more balance between work and family than previous generations. 

But: 

....it remains to be seen whether these ideological changes will substantively reduce such structural inequalities as men’s continuing earnings advantage over women and women’s underrepresentation in highly paid occupations.

August 3, 2014 in Work/life, Workplace | Permalink | Comments (0)

WaPo Reports on Changing Attitudes to Women at Workplace

The story: 

 It’s not just younger Millennials who are embracing gender equality. David Cotter, a sociologist at Union College, and his co-authors foundthat support has been rising since 2006 among all age groups, among both men and women and among conservatives and liberals. Conservatives, actually, though their total numbers are lower than liberals, show the greatest increase in support.

But there's this: 

Good news for Hillary: More than three-fourths of Americans now say that men and women are equally suited to politics, up from just 48 percent in 1977.

Only three-fourths?  

August 3, 2014 in Work/life, Workplace | Permalink | Comments (0)

Tuesday, July 15, 2014

"Gender-Audit" for Art by British Parliament

The story

Parliament's art should be subject to a "gender-audit" amid concerns that the paintings and sculptures are too "white and male", a report endorsed by all three party leaders has found.

And: 

The All Party Parliamentary Group for Women said that the art in Westminster is "off-putting" for female MPs and warns that the language, culture and ceremonies of Parliament are too "masculine".

The Houses of Commons is ranked 65th in the world for female representatives behind Rwanda, Cuba, Angola and the majority of Latin American and Scandinavian nations.

The report recommends a series of radical steps to redress the balance, including gender quotas and a zero-tolerance approach to "raucous, ill-mannered" and "testosterone-fuelled" behaviour.

July 15, 2014 in International, Work/life, Workplace | Permalink | Comments (0)

New EEOC Enforcement Guidance on Pregnancy Discrimination

Newly Released EEOC Enforcement Guidance Underscores Strong Protections for Pregnant Workers under Current Law

July 14, 2014

(Washington, D.C.)  Today, the U.S. Office of Equal Employment Opportunity Commission (EEOC) issued its first comprehensive Enforcement Guidance on Pregnancy Discrimination and Related Issues since 1983.  The guidance outlines the fundamental requirements of the Pregnancy Discrimination Act (PDA) that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions; and that women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons in their ability or inability to work.  The guidance also includes the application of the Americans with Disabilities Act (ADA) as amended in 2008.

July 15, 2014 in Reproductive Rights, Workplace | Permalink | Comments (0)

Thursday, July 10, 2014

Goldman Sachs Being Sued for Gender Discrimination

From Bloomberg Businessweek

“I believe that Goldman Sachs maintains a culture of bias against women. I have witnessed firsthand Goldman Sachs’ pervasive boys’ club culture. I also believe that having children has negatively affected my opportunities for advancement,” wrote one Lisa Albanese, a former vice president in the equities division who says that she was never promoted to the managing director level despite her status as a top performer. “In order to be successful at Goldman Sachs, I had to tolerate offensive language from male co-workers and a boys’ club atmosphere.”

Chen-Oster reports that she was sexually assaulted by a male co-worker at a staff dinner in 1997 and then discouraged from reporting it to human resources. Years later, after taking maternity leave, she says she found all her juiciest assignments handed off to male colleagues. “If Goldman Sachs were a better place for women to work and I thought that I would not be treated differently from men, I would seek a career there,” she writes.

“In my experience, entertaining clients at strip clubs was considered routine for Goldman in the U.S.,” writes Katalin Tischhauser, who worked on the convertible bond desk in London. She describes a visit to a conference in New Orleans in 2001 where her American colleagues took clients to a strip club and paid the strippers to entertain them. According to the complaint, the firm began discouraging new associates from taking clients to strip clubs in 2005 but did so with a nod and a wink, telling them that if they went, they should simply not expense it.

 

July 10, 2014 in Work/life, Workplace | Permalink | Comments (0)

More Hobby Lobby Fallout

Yes, still more on Hobby Lobby.  For women, this is a game-changing decision with both significant legal and practical consequences.  It's not going to go away quietly.

Dahilia Lithwick, After Hobby Lobby, McCullen and Harris v. Quinn: The Men of the Supreme Court Leave Women Reeling

Congress takes action. NYT, Democrats Push Bill to Reverse Supreme Court Ruling on Contraceptives

Protesters Swarm Hobby Lobby Grand Opening

July 10, 2014 in Abortion, Equal Employment, Healthcare, Workplace | Permalink | Comments (0)

Tuesday, July 8, 2014

SCOTUS Grants Cert on Duty to Conciliate in Sex Discrimination Case

SCOTUS granted cert in EEOC v. Mach Mining, 738 F.3d 171 (7th Cir. 2013) involving an employer's procedural defense in a Title VII case in which the government alleged that the mining company had not hired any female miners since opening for business in 2006, despite having highly qualified applications.  The Seventh Circuit ruled  that "employers cannot challenge - and courts cannot review - the adequacy of the U.S. Equal Employment Opportunity Commission's (EEOC)  informal pre-litigation efforts to bring employers into compliance with federal anti-discrimination laws."  

The issue is "whether and to what extent a court may enforce the EEOC's mandatory duty to conciliate discrimination claims before filing suit. Title VII of the Civil Rights Act of 1964 directs the EEOC to try to negotiate [42 USC § 2000e-5(b)] an end to an employer's unlawful employment practices before suing for a judicial remedy. Mach Mining sought dismissal of the EEOC's suit on the ground that the agency failed to engage in good-faith conciliation before filing. The US Court of Appeals for the Seventh Circuit ruled that "an alleged failure to conciliate is not an affirmative defense to the merits of a discrimination suit."

EEOC General Counsel David Lopez stated that in the landmark ruling the Seventh Circuit "carefully applied the letter of the law." And it did so, Lopez explained, "in a way that promotes Title VII's goals, protects victims of discrimination, and preserves the EEOC's critical law-enforcement prerogatives. . . ." Title VII does require the EEOC to "endeavor to eliminate . . . alleged unlawful employment practice[s] by informal methods of conference, conciliation, and persuasion." However, the statute also plainly allows the Commission to sue the employer for discrimination if it "has been unable to secure from the respondent a conciliation agreement acceptable to the Commission."

One analysis of the underlying appellate decision calls it "truly a game changing decision" to hold that the alleged failure to conciliate is not an affirmative defense to the merits of a discrimination suit. It predicted the the "potential for long-lasting implications" if the EEOC "can force its will on employers without any meaningful recourse to determine whether the EEOC’s conciliation efforts were made in good faith.:

 On a broad scale, it seems the law of labor negotiations and the duty to bargain in good faith with its judicial oversight is set against the hands-off law of mediation and settlement negotiations. 

More on the case here.

 

July 8, 2014 in Business, Equal Employment, Workplace | Permalink | Comments (0)