Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Thursday, June 4, 2020

Best Practices for University Faculty on Gender Equity for People of Color

Constance Wagner, In Search of Best Practices on Gender Equity for University Faculty: An Update" 
Norman Shachoy Symposium at Villanova Law School, 2019

This article updates the author’s earlier work on the search for gender equity among women faculty in the university setting in the United States. The author reflects on the fact that some of the literature in this area does not sufficiently address the challenges facing women of color. She seeks to fill the gap in her own research by referencing best practices discussed in three recent books on the professional lives of university faculty who are women of color. She argues that future work on best practices for achieving gender equity must address issues of intersectionality of race, gender, and class in order to develop effective tools for change in the university setting. This article was prepared for the 2019 Norman Shachoy Symposium at Villanova Law School, which focused on “Gender Equity in Law Schools”.

June 4, 2020 in Education, Gender, Law schools, Race | Permalink | Comments (0)

Tuesday, May 26, 2020

New Book: Presumed Incompetent II: Personal Narratives of Race, Class, Power, and Resistance of Women in Academia

Presumed Incompetent II:Race, Class, Power, and Resistance of Women in Academia

The courageous and inspiring personal narratives and empirical studies in Presumed Incompetent II: Race, Class, Power, and Resistance of Women in Academia name formidable obstacles and systemic biases that all women faculty—from diverse intersectional and transnational identities and from tenure track, terminal contract, and administrative positions—encounter in their higher education careers. They provide practical, specific, and insightful guidance to fight back, prevail, and thrive in challenging work environments. This new volume comes at a crucial historical moment as the United States grapples with a resurgence of white supremacy and misogyny at the forefront of our social and political dialogues that continue to permeate the academic world.

Contributors: Marcia Allen Owens, Sarah Amira de la Garza, Sahar Aziz, Jacquelyn Bridgeman, Jamiella Brooks, Lolita Buckner Inniss, Kim Case, Donna Castaneda, Julia Chang, Meredith Clark, Meera Deo, Penelope Espinoza, Yvette Flores, Lynn Fujiwara, Jennifer Gomez, Angela Harris, Dorothy Hines, Rachelle Joplin, Jessica Lavariega Monforti, Cynthia Lee, Yessenia Manzo, Melissa Michelson, Susie E. Nam, Yolanda Flores Niemann, Jodi O’Brien, Amelia Ortega, Laura Padilla, Grace Park, Stacey Patton, Desdamona Rios, Melissa Michal Slocum, Nellie Tran, Rachel Tudor, Pamela Tywman Hoff, Adrien Wing, Jemimah Li Young

For the first volume, see Presumed Incompetent: The Intersections of Race and Class for Women in Academia

May 26, 2020 in Books, Education, Race, Workplace | Permalink | Comments (0)

How the Gender Pay Gap Affects Black Women in Law

LaCrisha McAllister, "Quarters in the Court: How the Gender Pay Gap Affects Black Women in Law" 

Women constitute almost half of the national workforce. For half of American families, they are the sole source of income or they are a co-breadwinner. They earn more degrees than men. They work in a broad spectrum of professions and industries and they serve in a multitude of capacities, from administrators to upper management to laborers and everything between. Despite these things, women are paid significantly less than their male counterparts. Efforts to address this have been fodder for discussion for some time. Currently, less than 1% of elected prosecutors are Black women, less than 8% of judges are Black Women in State Trial Courts and State Appellate courts respectively, and a report from the National Association for Law Placement found that Black Women make up about 1.73% of all attorneys included in their survey. This paper seeks to address the ways that the Gender Pay Gap affects Black women in the legal field and how the legal profession can place equity in pay at the base of its mission.

May 26, 2020 in Equal Employment, Race, Women lawyers | Permalink | Comments (0)

Tuesday, May 5, 2020

The Injustice of Formal Gender Equality in Criminal Sentencing

Emma Decourcy, The Injustice of Formal Gender Equality in Sentencing, 47 Fordham Urb. L.J. 395 (2020)  

Over the past 40 years, the entire United States penal population has grown at an unprecedented rate, and the rate of female incarceration is growing at twice the rate of men. Given that there does not appear to be an increase in female criminality that corresponds with the increase in female incarceration, it may be inferred that the rising rate of female imprisonment is the result of changes in criminal justice law and policy that prescribe simplistic, punitive enforcement responses to complex social problems.

While criminological research has paid increased attention to women and girls over the past decade, there is still much work left to be done. This Note aims to address a perceived gap in existing scholarship on female incarceration — existing research and proposed solutions have tended to focus on prison conditions and post-incarceration re-entry. While such work is imperative, an examination of the female pathways to incarceration is equally important. This Note argues reforms that target the front end of the incarceration process, namely sentencing, should be employed to address the rapidly rising rate of female incarceration.

Part I of this Note first provides a brief overview of the mass incarceration crisis in America and the changes in criminal justice policy, namely sentencing policy, to which it is attributed. Part I then discusses the impact of changes in sentencing policy on female sentencing outcomes. Part II proposes a framework of inquiry to be used by policymakers engaged in the creation of gender-responsive sentencing policies. This framework includes an analysis of the scope and nature of female incarceration, the correlates of female criminality, and the impact of existing gender-neutral policies on women involved in the criminal justice system. Finally, Part III discusses the efficacy of gender-neutral sentencing policies in action and identifies two policies that exemplify proper application of the framework presented in Part II.

May 5, 2020 in Courts, Poverty, Race | Permalink | Comments (0)

Thursday, April 30, 2020

Barriers to Reproduction and Family that Deny the Dignity of Black and Disabled Women

Mary Crossley, Reproducing Dignity: Race, Disability, and Reproductive Controls, UC Davis L. Rev. (forthcoming)  

Human rights treaties and American constitutional law recognize decisions about reproduction as central to human dignity. Historically and today, Black women and women with disabilities have endured numerous impairments of their freedom to form and maintain families. Other scholars have examined these barriers to motherhood. Unexplored, however, are parallels among the experiences of women in these two groups or the women for whom Blackness and disability are overlapping identities. This Article fills that void. The disturbing legacy of the Eugenics movement is manifest in many settings. Black and disabled women undergo sterilizations at disproportionately high rates. Public benefit programs discourage their childbearing. Their ability to pursue motherhood is diminished by disproportionately high rates of institutionalization (either treatment-related or carceral) and low rates of access to assisted reproduction. Becoming pregnant is riskier, with risks flowing from medical ignorance regarding maternity care (for disabled women) or high rates of maternal mortality and criminal prosecutions (for Black women). Finally, if they become mothers, Black and disabled women are more likely to lose custody of their children to the state.

This Article argues that barriers to bearing children and forming families debase the dignity of Black and disabled women in meaningfully similar ways. In so doing, it points to an opportunity. Recognizing similarities (while appreciating differences) may equip participants in social movements – whether racial justice advocates, disability justice proponents, or reproductive justice activists – to build stronger coalitions to advance the dignity of reproductive choices for all women.

April 30, 2020 in Family, Pregnancy, Race, Reproductive Rights | Permalink | Comments (0)

Friday, April 17, 2020

Institutional Perpetuation of Systemic Gender and Racial Discrimination by the Continued Use of Student Evaluations Despite Research Consensus on their Bias

Debra Austin, Leadership Lapse: Laundering Systemic Bias through Student Evaluations, Villanova L. Rev. (forthcoming)   

The use of the student evaluation of teaching (SET) for high stakes faculty employment decisions amounts to a lapse in leadership. A scholarly consensus has emerged that using SETs as the primary measure of teaching effectiveness in faculty review processes can systematically disadvantage faculty from marginalized groups. The growing body of evidence shows that women and minorities get lower ratings of their teaching than white men. Using biased evaluations allows colleges and universities to discriminate against faculty whose identities deviate from white male heteronormativity.

Despite the knowledge that empirical research demonstrates these instruments are biased, the academy has accepted them as credible. Bias in student evaluations can lead an institution to determine that a faculty member who differs from the straight white male stereotype is an inadequate teacher. Faculty with lower student ratings are penalized in the hiring, retention, compensation, and promotion processes.

This article summarizes empirical research demonstrating that student evaluations are biased against female faculty and faculty of color; describes the impact on student learning; details the influence on institutional culture of using student evaluations for assessing teaching quality for performance evaluations, compensation, promotion, and retention; and suggests recommendations for evaluating teaching effectiveness in fair and responsible ways. Law schools should lead the change in this discriminatory higher education practice because they are institutions dedicated to social justice and to training leaders who will drive social change in the legal system, government, business, media, and philanthropy.

April 17, 2020 in Education, Gender, Manliness, Race | Permalink | Comments (0)

Monday, March 9, 2020

New Book: The Feminist War on Crime

Aya Gruber, The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration 

Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities.

 

Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike.

 

In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort. 

The Feminist War on Crime by Aya Gruber

March 9, 2020 in Books, Race, Violence Against Women | Permalink | Comments (0)

Friday, February 28, 2020

Book Review: Hood Feminism and Seeking Intersectionality in the Women's Movement

Hood Feminism

NPR, "Hood Feminism" is a Call for Solidarity in a Less-Than-Inclusive Movement

If you're someone who claims the mantel of feminism, who believes in the innate equality of all genders, who thinks that solidarity among communities of women is a core component of the world you want to live in, I strongly encourage you to read Mikki Kendall's debut essay collection, Hood Feminism: Notes from the Women That a Movement Forgot. (Also, if you're not one of those someones, I really think you should read Hood Feminism.)

 

As the subtitle makes clear, Kendall's central thesis is that mainstream feminism in the United States has been anything but inclusive, despite being "a movement that draws much of its strength from the claim that it represents over half of the world's population." In prose that is clean, crisp, and cutting, Kendall reveals how feminism has both failed to take into account populations too often excluded from the banner of feminism and failed to consider the breadth of issues affecting the daily lives of millions of women.

 

Many of the book's essays focus on these overlooked issues, with chapters examining how gun violence, hunger, poverty, education, housing, reproductive justice, and more are all feminist issues.***

 

Securing that equality, Kendall argues, requires that women accept some inconvenient truths, specifically "the distinct likelihood that some women are oppressing others.... [W]hite women can oppress women of color, straight women can oppress lesbian women, cis women can oppress trans women, and so on." If feminism is to truly represent all women, it must resist the "tendency to assume that all women are experiencing the same struggles [which] has led us to a place where reproductive health imagery centers on cisgender able-bodied women to the exclusion of those who are trans, intersex, or otherwise inhabiting bodies that don't fit the narrow idea that genitalia dictates gender."

 

Those already familiar with Kendall as a leader in Black feminist thought won't be surprised that Hood Feminism is grounded in intersectionality, a term coined by Prof. Kimberlé Williams Crenshaw to reflect how race and gender combine to impact Black women in the criminal justice system. 

February 28, 2020 in Books, Pop Culture, Race, Theory | Permalink | Comments (0)

Monday, February 3, 2020

Payday Lending Regulations and the Disproportionate Impact on Women of Color

Lara Sofia Romero, Rafael Romero, & Sim Jonathan Covington, Payday Lending Regulations and the Impact on Women of Color, Accounting & Taxation, v. 11 (1) p. 83-92

Payday loans, or small short-term loans that carry high fees, may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence suggests consistent overrepresentation of women of color, including many single mothers, among payday loan borrowers. Based on international human rights law, the U.S. has an obligation to remedy predatory economic practices such as a payday lending that have a disproportionately negative economic effect on women of color. Posing the issue of payday lending as a human rights issue can make an important contribution to public action on how to address the aftermath of the financial crisis and its impact on women of color.

February 3, 2020 in Business, Poverty, Race | Permalink | Comments (0)

Tuesday, January 14, 2020

Proposing an Intersectional Equality Amendment

Catharine MacKinnon & Kimberle Crenshaw, Reconstituting the Future: An Equality Amendment , Yale Law Forum (Dec. 26, 2019)

A new constitutional amendment embodying a substantive intersectional equality analysis aims to rectify the founding U.S. treatment of race and sex and additional hierarchical social inequalities. Historical and doctrinal context and critique show why this step is urgently needed. A draft of the amendment is offered.

 

A new constitutional amendment offers a new beginning. The equality paradigm proposed here recognizes the failures of what is, turns away from language and interpretive canons rooted in an unjust past, and imagines a fully functioning democracy as the inheritance of future generations. This proposal reenvisions constitutional equality from the ground up: it centers on rectifying the founding acts and omissions of race and sex, separately and together, and incorporates similar but distinct inequalities.2 It is informed by prior efforts to integrate equality into the constitutional landscape that have been decimated by political reversals and doctrinal backlash. It aggregates the insights, aspirations, and critiques of many thinkers and actors who have seized this moment to breathe new life into the nation’s reckoning with inequality. It neither looks back to celebrate amendments whose transformative possibilities have been defeated nor participates in contemporary hand-wringing over equality’s jurisprudential limitations. It seeks to make equality real and to matter now. We argue that a new equality paradigm is necessary and present one form it could take.

January 14, 2020 in Constitutional, Legislation, Race | Permalink | Comments (0)

Monday, January 13, 2020

Gender and Racial Bias in the US Tax Laws

Ariel Jurow Kleiman, Amy Matsui & Estelle Mitchell, The Faulty Foundations of the Tax Code: Gender and Racial Bias in Our Tax Laws,  San Diego Legal Studies Paper No. 19-423

This report examines the outdated assumptions and gender and racial biases embedded in the U.S. tax code. It highlights tax code provisions that reflect and exacerbate gender disparities, with particular attention to those that disadvantage low-income women, women of color, members of the LGBTQ community, people with disabilities, and immigrants.

January 13, 2020 in Gender, Legislation, Race | Permalink | Comments (0)

Wednesday, December 4, 2019

The Racialized and Sexually Exploitive US Citizenship Transmission Laws

Blanche Cook, Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (the 'WHP') or Johnny and the WHP, 31 Yale J. Law & Feminism (2019) 

Title 8, United States Code, Section 1409—one of this country’s citizenship transmission laws—creates a white hetero-patriarchal property right in philandering, sexual exploitation, and rape (the “WHP”). Section 1409 governs the transmission of citizenship from United States citizens to their children, where the child is born abroad, outside of marriage, and one parent is a citizen and the other is not. Section 1409, however, draws a distinct gender distinction between women and men: An unwed female American citizen who births a child outside the United States, fathered by a foreign man, automatically transmits citizenship to her child. An unwed male American citizen, by contrast, who fathers a child abroad with a foreign woman has the distinctly male prerogative to either grant or deny citizenship to his foreign-born non-marital child at his leisure.

On the surface, it might appear that § 1409 treats men and women differently because it is easy to determine a child’s mother, as opposed to a child’s father, at birth. In fact, a majority of the Supreme Court has deployed these “natural” differences between men and women to shield § 1409 from three separate gender-based equal protection challenges. Justice Ginsburg, however, has keenly observed, “History reveals what lurks behind § 1409.” What lurks behind § 1409 is a long legacy of white hetero-patriarchy deploying the legal category of citizenship to perfect sovereignty in itself and vulnerability in “foreign” women for the very purpose of sexual domination.

The historical model for this racialized regime of sexual domination is the classic case of Dred Scott, where the denial of citizenship to anyone of African descent further facilitated a white hetero-patriarchal property right in philandering, sexual exploitation, and rape. In Dred Scott, the exclusion of anyone of African descent from person-hood, through the legal mechanism of citizenship, perfected power in white men and vulnerability in racialized others. By excluding anyone of African descent from citizenship, enslaved owners continued to enjoy an unbridled property right in the use and enjoyment of the enslaved. The denial of citizenship to the enslaved facilitated their use as property. Following suit, § 1409 makes citizenship the property of men, through which they can exclude their non-marital foreign-born children from membership in the American polity. Section 1409 vests in these fathers not just a right to exclude their children, but to discard them, leaving them profoundly vulnerable to the sting of “illegitimacy,” ethnic and racial animus, and financial precarity — a form of destruction, while simultaneously empowering these fathers to sexually possess, control, use, and enjoy foreign women. Section 1409 understands all too well: in order to sexually exploit the mother, one must control the status of the child.

December 4, 2019 in Gender, International, Legal History, Race | Permalink | Comments (0)

Wednesday, September 18, 2019

Rethinking the Supreme Court's Decision in Muller v. Oregon through an Intersectional Lens

Emily Prifogle, Law & Laundry: White Laundresses, Chinese Laundrymen, and the Origins of Muller v. Oregon  
Forthcoming, Studies in Law, Politics, and Society

This article uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Typically considered a labor law decision permitting the regulation of women’s work hours, the article argues that through particular attention to the specific context in which the labor dispute took place — the laundry industry in Portland, Oregon — the Muller decision and underlying conflict should be understood as not only about sex-based labor rights but also about how the labor of laundry specifically involved race-based discrimination. The article investigates the most important conflicts behind the Muller decision, namely the entangled histories of white laundresses’ labor and labor activism in Portland, as well as the labor of their competitors — Chinese laundrymen. In so doing, the article offers an intersectional reading of Muller that incorporates regulations on Chinese laundries and places the decision in conversation with a long line of anti-Chinese laundry legislation on the West Coast, including that at issue in Yick Wo v. Hopkins (1886).

September 18, 2019 in Constitutional, Gender, Legal History, Race | Permalink | Comments (0)

Tuesday, September 10, 2019

Anna Julia Cooper, Activist for Black Women's Suffrage and Social Service

The Atlantic, How Black Suffragettes Subverted the Domestic Sphere

A few decades after her graduation from Oberlin College, the scholar and educator Anna Julia Cooper wrote a stern missive in the Ohio university’s alumni journal. Having relocated to Washington, D.C., where she worked in the district’s first Colored Settlement House, Cooper wrote in the early 1900s with clarity and conviction about the importance of social service. She exalted the domestic sphere as a cornerstone of broader community support—and, in doing so, also illustrated just how unevenly groups like white religious entities metered their care. Her letter, published amid the struggle against gendered discrimination at the ballot box, revealed rifts in which groups of Americans most readily earned others’ sympathy and respect. One hundred years after the passage of the 19th Amendment guaranteed white women the right to vote, Cooper’s work still offers an instructive lens through which to consider social movements and interpersonal dynamics alike.

Like those made by other black suffragettes, the statement, titled “The Social Settlement: What It Is and What It Does,” was an often pithy indictment of the sociopolitical landscape—and, implicitly, a blueprint for what might be improved. ***

 

Sometimes referred to as the mother of black feminism, Cooper was born into slavery around 1858 in Raleigh, North Carolina. She would go on to spend most of her long academic and community–oriented career living in Washington, D.C., where she helped establish the Colored Women’s League (which later became part of the National Association of Colored Women’s Clubs, led by the likes of Mary Church Terrell, the organization’s first president). As white women across America endeavored to secure voting rights for themselves—and made calculated choices to exclude black people from those efforts—Cooper produced some of the most foundational analysis of injustice in the United States, most notably the overlaps of racism and sexism.

September 10, 2019 in Legal History, Race | Permalink | Comments (0)

Monday, September 9, 2019

National Women's Law Center Report Shows DC Dress Codes Unfairly Target Black Girls

DC School Dress Codes Unfairly Target Black Girls, Students Say

School dress codes are often enforced in uneven ways, and black girls are disproportionately targeted, students from Washington, D.C., said in a report last year from the National Women’s Law Center. Now, some of those students are beginning to speak up — organizing walkouts, lunchtime protests and meetings with administrators to call out dress codes they see as unfair.

 

In a new report released Wednesday, the National Women’s Law Center highlighted some of these recent shifts and rated D.C. public and charter high schools based on the strictness of their dress code policies.

 

The researchers found that, among 29 D.C. schools, majority-black high schools on average had more dress code restrictions than other high schools. And charter schools in the District, on average, had more than twice the number of dress code restrictions than traditional public schools in the 2018-2019 school year.

 

“Especially in this Me Too movement that we’re in, schools shouldn’t be teaching students that it’s okay to scrutinize girls’ bodies ... or make them feel like they have to cover up or feel less than,” said Nia Evans, author and lead researcher of the report.

September 9, 2019 in Education, Race | Permalink | Comments (0)

Tuesday, September 3, 2019

Exploring the Similarities and Differences Between the Black Lives Matter and MeToo Movements

Linda Greene, Lolita Buckner Inniss, Bridget Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James & Keisha Lindsay Talking About Black Lives Matter and #MeToo, Wisconsin Women's Law Journal, Forthcoming

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, implications, and future of Black Lives Matter and #MeToo.

This essay organizes around internal and external spatial metaphors and makes five schematic moves. First, internal considerations ground comparisons of the definitions, goals, and ideas of success employed by or applied to Black Lives Matter and #MeToo. Second, external concerns inspire questions about whether both movements may be better understood through the lens of intersectionality, and relatedly, what challenges these movements pose for an intersectional analysis. Third, a meta-internal framework invites inquiry into how the movements shape the daily work of scholars, teachers, lawyers, and community activists. Fourth, a dialectical external-internal frame drives questions about the movements’ effects on law and popular culture, and the reciprocal effects between those external influences and the movements themselves. Returning to an external, even forward-looking, approach, we ask what the next steps are for both movements. This five-part taxonomy frames the inquiry into where the Black Lives Matter and #MeToo movements are located individually, but also where they are co-located, and, perhaps most importantly, where they are going

September 3, 2019 in Pop Culture, Race, Theory | Permalink | Comments (0)

Monday, March 11, 2019

New Book: Unequal Profession: Race and Gender in Legal Academia

Meera Dao, Unequal Profession: Race and Gender in Legal Academia (Stanford U. Press 2019)

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

March 11, 2019 in Books, Equal Employment, Law schools, Race | Permalink | Comments (0)

New Book: Unequal Profession: Race and Gender in Legal Academia

Meera Dao, Unequal Profession: Race and Gender in Legal Academia (Stanford U. Press 2019)

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

March 11, 2019 in Books, Equal Employment, Law schools, Race | Permalink | Comments (0)

Wednesday, March 6, 2019

Judge Orders Trump Administration to Reinstate EEOC Pay Reporting Rule by Gender and Race

Wash Post, "Victory for Equal Pay": Judge Rules Trump Administration Must Require Companies to Report Pay by Gender, Race

A federal judge on Monday ordered the Trump administration to reinstate an Obama-era rule that required companies to report pay data by race and gender, a move advocates say will help shrink the wage gap.

 

Tanya S. Chutkan, a U.S. district judge for the District of Columbia, ruled that the Trump administration violated the law when it halted the Equal Employment Opportunity Commission’s efforts to collect pay data by race and gender from large companies. In defending its decision to freeze the rule, Chutkan wrote, the government failed to demonstrate that the requirements would “meaningfully increase the burden on employers.”

 

Chutkan ordered the government to move forward with collecting the data, a decision that women’s rights groups hailed as a crucial step toward fighting employer discrimination of women and minorities.***

 

The rule, which was finalized in September 2016, required firms with 100 or more employees to provide additional employee and salary information to the EEOC on an existing form, known as the EEO-1. Companies would have been required to submit their reports by March 31, 2018.***

 

The rule also created an incentive for an employer to “look under the hood” and evaluate their own pay practices, Yang said. The EEOC planned to then publish the aggregate data publicly, allowing employers, advocates and academics to benchmark pay inequities in the workforce, said Yang, who is now a strategic partner at Working Ideal and a fellow at the Urban Institute.

 

But the data collection requirement was met with intense criticism from the U.S. Chamber of Commerce and other industry groups that argued it put an unfair and expensive burden on employers. While the EEOC estimated the data collection would cost $25 million a year, or about $416 per company, the Chamber of Commerce claimed it would carry a total burden of $1.3 billion per year for all businesses with 100 or more employees, with “no accompanying benefit."

 

Then, in August 2017, Neomi Rao, then the administrator of the Office of Information and Regulatory Affairs, sent a memorandum to Victoria Lipnic, the Acting Chairwoman of the EEOC, stating that the Office of Management of Budget had decided to freeze the EEOC’s new collection of pay data.

 

Rao, who is now President Trump’s nominee to replace Supreme Court Justice Brett M. Kavanaugh on the U.S. Court of Appeals for the District of Columbia Circuit, wrote in the memo that “aspects of the revised collection of information lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.”

March 6, 2019 in Business, Equal Employment, Race | Permalink | Comments (0)

Friday, February 22, 2019

Race and the History of the Kentucky Woman Suffrage Movement: The Power of African-American Women Voters in School Suffrage

Randolph Hollingsworth, Power of African-American Women Voters in Lexington's School Suffrage, 1895-1902: Race and the History of the Kentucky Woman Suffrage Movement, 

Women suffragists in the U.S. included partial suffrage through participation in school-related elections as one of their strategies to reach full citizenship rights. Kentucky had already pointed the way for this strategy when in 1838 a statewide law passed protecting the right of female taxpaying heads-of-households in rural areas to vote on matters related to the new common school system. The leaders of the Kentucky Equal Rights Association (KERA) sought to build on this precedent during the 1890 Kentucky constitutional convention that offered the possibility of the legislature to grant women the right to vote. When the charters of cities of the second-class (i.e., Lexington, Covington and Newport) were up for revision in 1894, the General Assembly included what the KERA lobbyists were hoping for – the right for women in second-class cities to vote on school-related issues. By then, women in fifteen other states had successfully lobbied for legislation for partial suffrage (or full suffrage in some Western territories and states). This presentation will chronicle the evolution of school suffrage laws of Kentucky, focusing on the 1901 school board election in Lexington and the revocation of school suffrage in 1902. That election cycle evidenced a large percentage of African-American women whose registration totals favored the Republican Party. However, only half of the registrants ended up casting a vote – leading to the election of a Democratic Party ticket that year. The unusual numbers of black women voters threatened the racially conservative norm, and in January 1902, the Kentucky legislature repealed the partial suffrage law. The political backlash over the racial disproportionality of women voters in this election exposed the Kentucky partisan feuds of the time, however the issue of race control was at the core of the reasoning for revoking even this limited attempt at partial suffrage in Kentucky. This paper argues that race mattered more than partisan politics, class or social standing in determining the outcome of suffrage laws for women in Kentucky.

February 22, 2019 in Education, Legal History, Race | Permalink | Comments (0)