Legal Momentum Briefing Room

Legal Momentum Commemorates Equal Pay Day

The gender pay gap still plagues women nationwide. On average, women workers still earn 77 cents on every dollar their male counterparts make, an income gap that translates to a loss of over $10,000 per year. The gender wage gap is even more striking for women of color: African-American women make 61 cents and Latinas make 52 cents for every dollar white men earn.

April 12th, the 102nd day of the year, is Equal Pay Day, designated as such because women would have to work 102 more days into 2011 to earn what their male counterparts made in 2010 alone.

Today Congress will re-introduce the Paycheck Fairness Act, a bill that died in committee last November. The Paycheck Fairness Act would strengthen the Equal Pay Act, signed into law by President Kennedy in 1963. While the Equal Pay Act was a major victory for women, it is in dire need of updates to ensure that women have full equality. The Paycheck Fairness Act would give women the same remedies for gender wage discrimination that are now available to victims of discrimination based on race or national origin. It would also bar employers from retaliating against employees for discussing their salaries with each other—a problem that continues to plague many women.

Equal Pay Day reminds us that there is progress to be made when it comes to women’s economic equality – and just in time. While the White House and the Congress have agreed on a the FY 2011 budget, it will soon consider the budget for FY 2012. Congressman Paul Ryan (R-WI) introduced the GOP 2012 budget plan last week, a blueprint that would further imperil women’s bid for full equality, with severe cuts to Medicare, Medicaid, Food Stamps, Pell Grants for education and other programs that benefit Americans in poverty – most of whom are women. Indeed, according to the Center on Budget and Policy Priorities, Ryan’s 2012 budget gets about two-thirds of its $4 trillion in cuts from programs that benefit low-income Americans.

On Equal Pay Day, Congress should reconsider and pass the Paycheck Fairness Act. But future equality also depends on budget that is both balanced and fair to all – a fact that must be remembered as Congress begins to debate the FY 2012 budget.

Learn more about Legal Momentum's work on employment discrimination.

New Report Highlights Women's Advancements and Persistent Inequities in the United States

In 2009, President Obama created the White House Council on Women and Girls to ensure that the federal government provides a coordinated response to women’s issues. In honor of women’s history month, the Council, in conjunction with the Office of Management and Budget and the Economics and Statistics Administration, released "Women in America: Indicators of Social and Economic Well-Being," a report analyzing five key issues facing women: demographic and family changes, education, employment, health, and crime and violence.

"Women in America" demonstrates that women have advanced dramatically in American society, particularly in education.  More than ever before, women, from diverse racial and ethnic groups, enroll in institutions of higher education. In 2011, there are more women than men in both undergraduate and graduate schools. Women also have higher graduation rates at all academic levels than men.
Despite this progress, female students score lower than male students in mathematics assessment tests. While science, math and technology careers are dominated by men, women comprise two-thirds of global graduates in the humanities. Gender segregation in career and technical education – the path to jobs in the skilled trades, which lead to occupations with high wages, benefits, and opportunities for professional growth – continues. Legal Momentum's Pipeline Program seeks to address this disparity, forging systemic change in educational institutions to end the long history of gender segregation in these schools and career fields, while increasing the earnings potential and future economic security of low-income women.

Today, women's advances in education do not always translate success in the workforce. The gender pay gap continues: among those working full time, women earn, on average, 80 cents for every dollar men make.

"Women in America" also addresses the impact of criminal activity in American communities. Women are disproportionately affected by certain types of crime, particularly sexual victimization and intimate partner violence.

A recent study by Dr. Dean Kilpatrick of the National Crime Victims Research and Treatment Center at the Medical University of South Carolina, Drug-facilitated, Incapacitated and Forcible Rape: A National Study, found that "during the past year alone [2006], over 1 million women in the U.S. have been raped…Our estimates do not appear to support the widely held belief that rape has significantly declined in recent decades."

While sexual violence remains a persistent problem for American women, "Women in America" does note that the rate of nonfatal intimate partner violence against women declined by more than 50 percent between 1994 and 2008. 1994 marked the passage of the federal Violence Against Women Act (VAWA). Legal Momentum was instrumental in passing VAWA and has advocated for its subsequent reauthorizations in 2000 and 2005. Since Congress passed VAWA in 1994, law enforcement and justice system officials have become increasingly involved in domestic violence cases, matters which were once perceived to be private concerns. The declining rate of intimate partner violence achieved by VAWA affects not only victims but their children as well. As "Women in America" explains, "Research demonstrates significant adverse impacts on children’s health and developmental well-being as a result of exposure to domestic violence."

"Women in America" finds that while women have achieved significant advances in education and employment, much work remains. Legal Momentum continues to confront the issues facing American women and children, from poverty to sexual violence. Learn more about Legal Momentum.

Federal Subminimum Wage Fails to Protect Tipped Workers, Especially Women

A new report by the Economic Policy Institute and the Center on Wage and Employment Dynamics, "Waiting for Change: The $2.13 Federal Subminimum Wage," sheds light on the subminimum wage for tipped workers – 72.9% of whom are women.

The federal tip credit allows employers to pay tipped workers just $2.13 per hour – a rate far below the federal or state minimum wage – as long as this wage, combined with the workers’ tips, equates the federal minimum wage, $7.25 per hour. But most tipped workers are unaware of this requirement. And a recent Department of Labor study found that just 30% of employers who were found to have violated this requirement were in compliance by a later investigation.

Thus tipped workers are more than twice as likely to fall below the federal poverty line. And the gender wage gap affects tipped workers just as it affects women in all careers: women tipped workers earn, on average, $0.50 less per hour than male tipped workers as a whole. Waitresses earned, on average, $0.83 less than waiters.

The authors of "Waiting for Change" endorse the WAGES Act, introduced by Congresswoman Donna Edwards of Maryland. The WAGES Act would incrementally increase the minimum wages for tipped employees over the next three years, to 70% of the regular minimum wage by 2012. "Waiting for Change" also recommends strengthening workplace protections and increasing workplace benefits for tipped workers.

Legal Momentum has always been a leader in promoting opportunity and equality for women in workforce, particularly for women in low-wage jobs. "Waiting for Change" demonstrates Legal Momentum’s advocacy for low-income women is needed now more than ever.

U.S. Women and Their Families Hurt by Lack of Paid Leave and Supportive Services

A new report by Human Rights Watch, "Failing its Families: Lack of Paid Leave and Work-Family Supports in the U.S.," finds that U.S. women desperately need paid leave laws, breastfeeding accommodations, and laws barring discrimination against workers with families. The lack of paid leave and protective laws for workers disproportionately affects women and their children. Many of the working women interviewed by Human Rights Watch said that their careers were derailed as a result of employer bias against women with family responsibilities. Many also recounted problems with postpartum depression and noted that they the lack of workplace breastfeeding accommodations forced them to give up the practice early.

"Failing its Families" demonstrates that existing legal protections do not fully protect working women and their families. The federal Family and Medical Leave Act (FMLA) allows U.S. workers with new children or severely ill family members to take unpaid, job-protected leave, but the FMLA covers only half the workforce. Only 11% of civilian workers (and 3% of the lowest-income workers) have paid family leave benefits. Roughly two-thirds of civilian workers have some paid sick leave, but only about a fifth of low-income workers do.  And studies show that the number of employers voluntarily offering paid family leave is declining.

As Legal Momentum has testified, the United States has much less generous parental leave than other rich countries and far less public support for child care. Notably, countries with paid leave policies also have higher levels of economic competitiveness compared to the United States.

Legal Momentum has long advocated for paid leave and workplace family supports. Learn more about Legal Momentum's advocacy for working women.

New Study Shows That Women Ph.D.'s Are Less Likely to Obtain Tenure Than Men

Less than a month after the Census Bureau released data from the American Community Survey that demonstrated a striking segregation by gender between occupations and persisting pay disparities between men and women, The New York Times has reported on a new study that shows that men are more likely to receive tenure at a college or university than women. “Keeping Women in the Science Pipeline,” written by scientists at the University of California, Berkeley, concludes that while more woman than ever are obtaining Ph.D.'s in sciences, they are less likely than their male counterparts to obtain tenure at a college or university. Women who are married with young children are 35 percent less likely to enter a tenure-track position after receiving a Ph.D. in science than their male counterparts.  Married women with young children are 28 percent less likely than women without children to achieve tenure in the sciences. And women Ph.D.’s with young children are 27 percent less likely than men with children to receive tenure after entering a tenure-track job in the sciences.

The scientists explain that these numbers are related to the absence of paid maternity leave in most research universities. Additionally, there are massive time demands on faculty, which are particularly challenging for women, who must combine their work with caregiving, house work, etc.

"America's researchers do not receive enough family-responsive benefits, particularly the more junior researchers. All major research universities should look to build a family-friendly package of policies and resources," concludes the report. Indeed, the scientists recommend that universities institute more "family-friendly" policies to encourage women Ph.D.’s to continue with their careers. These measures would include paid maternity leave to graduate students and giving extra time to women who give birth before making tenure decisions. "The lock-step timing of academia needs to be more flexible," they write.

The scientists warn that the failure of universities to adopt these policies may have severe consequences for the U.S. "The loss of these women, together with serious increases in European and Asian nations' capacity for research, means the long-term dependability of a highly trained U.S. workforce and global preeminence in the sciences may be in question," they argue.

At least one university is heading the warning – the University of California, the home of the authors of the report. Since 2003, when the University system instituted more family-friendly policies, the number of assistant professors in the system with children has risen 27% percent, to 64% out of all assistant professors.  "It shows that you can change the workplace culture," said Dr. Mason, the report's lead author.

The ability of women to achieve tenure and general workplace security like their male counterparts is an urgent challenge that must be addressed by all colleges and universities. 

• Learn more about Legal Momentum's work in employment rights for women.

Less than a month after the Census Bureau released data from the American Community Survey that demonstrated a striking segregation by gender between occupations and persisting pay disparities between men and women, The New York Times has reported on a new study that shows that men are more likely to receive tenure at a college or university than women. “Keeping Women in the Science Pipeline,” written by scientists at the University of California, Berkeley, concludes that while more woman than ever are obtaining Ph.D.'s in sciences, they are less likely than their male counterparts to obtain tenure at a college or university. Women who married with young children are 35 percent less likely to enter a tenure-track position after receiving a Ph.D. in science than are married men with young children and Ph.D.’s in science. The married women with young children are 28 percent less likely than women without children to achieve tenure in the sciences. And women Ph.D.’s with young children are 27 percent less likely than men with children to receive tenure after entering a tenure-track job in the sciences.

The scientists explain that these numbers are related to the absence of paid maternity leave in most research universities. Additionally, there are massive time demands on faculty, which has a particular consequence for women, who must combine their work with caregiving, house work, etc.

“America’s researchers do not receive enough family-responsive benefits, particularly the more junior researchers. All major research universities should look to build a family-friendly package of policies and resources,” concludes the report. Indeed, the scientists recommend that universities institute more “family-friendly” policies to encourage women Ph.D.’s to continue with their careers. These measures would include paid maternity leave to graduate students and giving extra time to women who give birth before making tenure decisions. “The lock-step timing of academia needs to be more flexible,” they write.

The scientists warn that the failure of universities to adopt these policies may have severe consequences for the U.S. “The loss of these women, together with serious increases in European and Asian nations’ capacity for research, means the long-term dependability of a highly trained U.S. workforce and global preeminence in the sciences may be in question,” they write.

 

At least one university is heading the warning – the University of California, the home of the authors of the report. Since 2003, when the University system instituted more family-friendly policies, the number of assistant professors in the system with children has risen 27% percent, to 64% of all assistant professors.  “It shows that you can change the workplace culture,” said Ms. Mason, the report’s main author.

 

The ability of women to achieve tenure and general workplace security like their male counterparts is an urgent challenge that must be addressed by all colleges and universities.   

Gender Segregation and Pay Disparities in Employment Persist

In December, the Census Bureau released five-year data from the American Community Survey (2005 to 2009), which not only provided general population data, but broke down occupational data by gender. The data demonstrates a stark contrast in occupations held by men and women, with many fields highly segregated by gender. On average, the median pay in jobs dominated by men are higher than in those dominated by women, and for jobs held by both men and women, median pay for men almost always exceeds that for women.

Remapping Debate, a non-profit media project dedicated to reporting on domestic public policy issues, graphed the data to highlight gender segregation and pay disparities in the American workforce. Within the highest-paying top 25 occupations for men, women workers made up less than 50 percent of the total workers. In 10 of these occupations, women workers made up less than 20 percent of the total. In 23 of the 25 cases, median earnings of women were less than 90 percent than those of men. And in more than 100 occupations, men are more than 90 percent of the workers.

Data released by the Bureau of Labor Statistics last summer indicate that the gender pay gap is a nationwide problem. In November, Legal Momentum wrote about the Senate's failure to pass the Paycheck Fairness Act, a devastating blow to millions of American women who continue to face significant barriers to workplace equity. Women make up half of the workforce, and two-thirds of American families with children depend on this income for survival. Yet, an enormous gender pay gap remains - women make only 77 cents for every dollar that men earn, a divide which is even greater among women of color. This gap translates to a loss of over $10,000 a year, significantly worsening the struggles of many women to keep their families afloat during the economic crisis.

In addition to gender pay disparities, countless jobs remain dominated by men and present significant hurdles to women seeking to join the field. These barriers range from workplace discrimination to workplace security. Legal Momentum is a leader in promoting opportunity and equality for women in non-traditional job sectors, such as the construction trades and in law enforcement, many of which are high-paying, have career tracks, and provide job security, annual leave, and other benefits. Through our Equality Works Program, Legal Momentum uses policy initiatives and impact litigation to challenge discrimination and expand opportunities for women working in historically male-dominated fields such as the skilled trades and firefighting.

Workplace equality is a critical step towards ensuring economic security for women and their families and we will continue to fight until all women receive full economic equality.

• To read Remapping Debate’s article “New data on gender segregation and pay disparities in jobs,” click here.
• To read “Paycheck Fairness Act Fails in Senate, Devastating Blow for Millions of American Women,” click here. 
• To learn more about Legal Momentum's Equality Works Program, click here.

Paycheck Fairness Act Fails in Senate, Devastating Blow for Millions of American Women

On Wednesday, the Senate voted 58-41 against moving forward with the Paycheck Fairness Act, which would have helped to close loopholes in the Equal Pay Act with harsher penalties against employers who discriminate against workers on the basis of gender.

While the Equal Pay Act, signed into law by President Kennedy in 1963, was a major victory for women, the bill is in dire need of updates to ensure full equality. Though the Act requires that men and women be given "equal pay for equal work," limited enforcement tools have resulted in a persistent wage gap. Today, women continue to face significant barriers in workplace equity.  Women make up half of the workforce, and two-thirds of American families with children depend on this income for survival. Yet, an enormous gender pay gap remains - women make only 77 cents for every dollar that men earn, a divide which is even greater among women of color. This gap translates to a loss of over $10,000 a year, significantly worsening the struggles of many women to keep their families afloat during the economic crisis.

The Senate’s failure to remedy income inequality is not representative of American voters, 84 percent of whom said they supported such a bill. This failure, which Deborah J. Vagins of the ACLU described as another victim of the partisan gridlock that has plagued Congress, will be felt within the homes of millions of American women, particularly in these difficult economic times, when many more families depend on female breadwinners. The vote stands in sharp contrast to the White House’s repeated support for the bill, including issuing a Statement of Administrative Policy advocating the passage of the Act. Following the vote, President Obama gathered with leading advocates of the bill to discuss next steps.

Despite this tragic blow to the livelihoods of millions of women, the struggle is far from over. As Vagins states, “This is not the end of the fight. There is too much at stake to stop the work while families are struggling to make ends meet. People will continue to make their voices heard, our allies in Congress will continue the effort, the advocates will never give up, and the President himself made it clear that despite Wednesday's vote, 'my Administration will continue to fight for a woman's right to equal pay for equal work.'"

Legal Momentum supports all measures to enhance women’s economic security, and the Paycheck Fairness Act is an essential component of this security. We have worked tirelessly to further employment rights, particularly through our Equality Works Program, which uses policy initiatives and impact litigation to challenge discrimination and expand opportunities for women working in historically male-dominated fields such as the skilled trades and firefighting. We strive to strengthen TANF and the social safety net, support job training, and combat workplace discrimination.

Workplace equality is a critical step towards ensuring economic security for women and their families and we will continue to fight until all women receive full economic equality.

Women's Economic Security: The Opportunity Series

Legal Momentum co-sponsors New York University's Women of Color Policy Network's Opportunity Series, a semester-long program of panel discussions, webinars, and lectures about women's economic security in a changing economy.

The economy has shifted dramatically in the last few years, with particularly severe effects on male-dominated sectors like manufacturing and construction. Millions of families now depend on women for household income, yet most women are forced to work without paid sick leave or reliable, affordable childcare. And, of course, gender wage inequality continues to plague American women, who earn 77 cents for every dollar their male counterparts make. The gender wage gap is even more striking for women of color: African-American women make 61 cents and Latinas make 52 cents for every dollar white men earn.

The Opportunity Series has convened a range of experts from across the nation to examine these issues from the perspective of women of color and explore opportunities to develop and maintain women's economic security over the long term. The series has included discussions on single mothers and the wealth gap, the impact of the economic crisis and economic recovery on low-income women and their families, and child care subsidies and low-income women of color.

The Women of Color Policy Network will hold their final Opportunity Series event, "Quality Jobs in a New Economy: Paid Sick Leave and Communities of Color," on Monday, December 6th at 6:30 pm. Experts will discuss the importance of paid sick leave and other work supports for low-wage workers and communities of color in particular.

Vision 2020: Recommendations from the Panel on Engineering, Science, and Technology

Legal Momentum is a National Ally for Vision 2020, a national project that seeks to launch an action agenda to move the United States toward gender equality by 2020, the centennial celebration of the 19th Amendment. On October 21-22, 2010, Vision 2020 sponsored "An American Conversation about Women and Leadership" in Philadelphia, featuring panels about increasing women’s leadership in all fields, from Law to Finance to Arts and Culture.

Lorelie Masters of Jenner & Block LLP served as a Vision 2010 Delegate from Washington, DC. She reflected on the conference in a series of blog posts for Legal Momentum. This is her seventh post.

For success in our global economy, we need to increase the teaching of more computational skills into the classroom.  Other countries, which have had more women involved in leadership positions, have exceeded the "tipping point."  With more women in the pipeline at all levels, in school, college, middle-level positions, and top leadership, the leadership and inclusion issues have dissipated.  If there is a narrow pipeline and it leads, leadership and the pool of women and people of color in these fields drops off.  The panel discussed how to increase the number of women in the sciences in the Academy.  We need to work to make the heads of departments responsible for the money that women need for their research.  As in other fields, we need metrics to measure progress, and, to make that happen, we need to tie department chairs’ bonuses to the success of all people in their departments, including women and people of color.  

In response to a comment from a Delegate in the audience, the panel also noted that focusing on keeping a nose count of "leaders." This is fine as an indicator of progress or success, but the standard should be the numbers of women in the work place. We should do a better job of highlighting women succeeding in meddle-level positions so that more women can see themselves succeeding in what they think is a realistic fashion. In science, we need to make clear that there are great jobs in sciences and high tech jobs that do not require four-year degrees. 

The panel on engineering, science, and technology made the following recommendations to the Vision 2020 Delegates:

Francine Berman, Professor of Computer Science; and Vice President, Rensselaer Polytechnic Institute:

• Work to get more women into decision-making roles in the fields of engineering and the sciences.
• Take action steps: Accept the challenge to we want to help others ascend the ladder.  
• Each of us, in our own realms, should encourage work outside our comfort zones, and work to the next level.  If in research, write a grant. Apply for the promotion. Encourage someone else to do the same.
• Advocate for ourselves. Advocate for others who follow.

Lori Bettison-Varga, President, Scripps College; and M. Keck Foundation Presidential Chair:

• Equality is about accepting differences; our organizations need to have many different people, and voices, at the table.  How do we change our own view of ourselves and who is at the table?
• We need to turn this into a research issue. Why with the huge numbers of women in the work force, do they drop off as they profess through their careers? We need to understand the reasons why women make the choices they make and how can we help open up those choices.  

Mae C. Jemison, Astronaut, NASA; first woman of color to go into space; and founder and President, Jemison Group, and BioSentient Corp.:

• Understand that who is at the table makes a difference. That is as important in the sciences as in any other field.
• Women in the sciences seem to be marginalized. Connect with women in other fields and include them in your policy-making groups and incorporate their views and ideas in areas outside their (and your) areas of expertise.

Vision 2020: Recommendations from the Panel on Media and Communications

Legal Momentum is a National Ally for Vision 2020, a national project that seeks to launch an action agenda to move the United States toward gender equality by 2020, the centennial celebration of the 19th Amendment. On October 21-22, 2010, Vision 2020 sponsored "An American Conversation about Women and Leadership" in Philadelphia, featuring panels about increasing women’s leadership in all fields, from Law to Finance to Arts and Culture.

Lorelie Masters of Jenner & Block LLP served as a Vision 2010 Delegate from Washington, DC. She reflected on the conference in a series of blog posts for Legal Momentum. This is her fifth post.

Kathleen Jamison opened with a powerful statement about the pervasive double standard in the media in dealing with women and women candidates. The media needs a wide range of sources on a wide range of issues, and women should not be interviewed simply on "women’s issues." The panel emphasized that women need to train themselves on media and push back on the messages that the media repeat about women.  Jehmu Greene reiterated that all of us need to call out the sexist treatment of women in the press, and the sexist treatment and labeling of women candidates. Linda Greenhouse emphasized that we need to find creative ways to help identify women as sources. Jehmu Greene of the Women’s Media Center talked about how women can use the media to advance our cause: "We cannot grow our movement without focusing on the lack of women’s equality in all fields." Do not ignore young women and social media. We need to grow our sisterhood by talking to people who do not belong to our networks. 

As with other panels, the media and communications panelists stressed that we need to get more women in all positions in leadership. We also need to recognize that the strongest advocate of women’s issues may not be a woman. If we are in the room, will we stand up for all issues of equality?  

We must work to ensure that sexism is as repugnant as racism.

The panel on media and communications presented the following recommendations to the Vision 2020 Delegates:

Jehmu Greene, Past President, Women’s Media Center; and Key Organizer for Rock the Vote :

• Create your own media and take the opportunity through citizen journalism. 
• Own your expertise.  Women are not as aggressive in advancing our opinions as sources of knowledge and expertise.  
• Take advantage of this organizing moment.  The disparities we observe and the work to overcome them needs to be shared.  
• Look at the generational piece:  find a mentor and continuing to find mentors for yourselves and learn lessons.  We need to applaud and appreciate the next generation because the divide will prevent us from growing and building this movement.    
• To affect the media, tell the advertisers that you hate the messages that they are supporting. "Do it longhand and online."  Make it personal--make it your passion whether you are at lunch or dinner.  Express your views.  

Linda Greenhouse, Knight Distinguished Journalist-in-Residence and Joseph Goldstein Lecturer in Law, Yale University; and former Supreme Court reporter for The New York Times:

• We are in a new media environment today, with internet media and social networking.  Take this as an opportunity and work to exploit it, rather than seeing it as a source of fear and anxiety.
• Bring in and grow a generation of young women in your field.
• To find women’s voices in op-ed pages of our major newspaper, women need to submit more op-eds for publication.    

Kathleen Hall Jamison, Elizabeth Warren Packard Professor of Communication, Annenberg School of Communication and Walter and Leonore Annenberg Director, Annenberg Public Policy Center at the University of Pennsylvania:

• Be vigilant about the connection between sexism and ageism.  Women are much more likely to be the victims of ageism; there is a ceiling in our society for women as they age.  That should change as more successful women age, and we see women as Secretary of State, as women reporters, and other successful leaders. 
• Advocate for change in antiquated attitudes that prevent use of talent at all levels and ages.