While both state and federal laws protect women against workplace discrimination based on pregnancy or birth, the reality is that companies of all sizes systematically ignore these laws to protect their bottom line. Even some of the bigger companies in the U.S. are guilty of this type of discrimination, and it is part of a larger problem that women face in the workplace.
Uncovering The Truths Behind The Gender Pay Gap
Most of us would never think to ask someone - much less a co-worker - how much money he or she makes. In fact, in most U.S. workplaces, the subject of salary and pay remains taboo. With the impetus of the "Me Too" movement, however, the subject of pay and, specifically, the disparity between how much female employees earn versus their male counterparts is getting more attention.
For more than 50 years, women have been an important fixture in workplaces throughout the U.S. Today, nearly 50 percent of U.S. women work outside the home and a record number hold managerial and executive positions. When it comes to pay and overall compensation, however, statistics show that female employees consistently lag behind.
U.S. Supreme Court Strikes A Blow Against Workers' Rights
This past May, in a 5-4 decision, the U.S. Supreme Court ruled that employees must comply with arbitration clauses in their employment contracts. Those clauses require plaintiffs to resolve legal disputes with their employers through arbitration instead of joining other employees in class action lawsuits.
In doing so, the court rejected the employees' argument seeking to overcome their employers' arbitration clauses. The employees had unsuccessfully urged the court to rule that the arbitration clauses were precluded by federal labor laws.
IBM Accused Of Systematic Age Discrimination
In previous decades, the real-life and on-the-job experience that workers 40 and older brought to the workplace was valued by employers that, in an effort to retain seasoned workers, willingly doled out promotions and higher salaries. This included technology companies like IBM.
Today, newer high-tech companies like Facebook, Google, Apple and Amazon thrive on business models driven by innovation as these companies capitalize on their ability to anticipate and quickly adapt to economic and market shifts and changes. These high-tech companies also widely attribute their success to their ability to attract and retain skilled millennial employees.
The Pregnancy Discrimination Act Turns 40 – What’s Changed, What Hasn’t?
It’s been 40 years since members of the United States Congress signed into law legislation known as the Pregnancy Discrimination Act of 1978. The passage of the PDA came on the heels of a U.S. Supreme Court decision in which the court sided with General Electric, upholding a lower court’s ruling that GE’s temporary disability benefits could exclude pregnancy and childbirth.
The Supreme Court based its decision in part on the notion that not all female employees become pregnant and therefore, pregnancy and childbirth were not subject to the provisions set forth in the 1964 Civil Rights Act, which explicitly bars sexual discrimination in employment settings.
A reckoning for women in the workplace
From Hollywood producers and media moguls to Washington politicians and boardroom executives, the recent “Me Too” movement has brought down some of the wealthiest and most powerful men in the country. While the sexual harassment and abuse allegations and lawsuits against Harvey Weinstein, Matt Lauer, Bill Cosby and President Trump make headlines, the “Me Too” movement is also shining a light on millions of other women who have been subjected to lewd comments, inappropriate touching and physical assault in the workplace.
If you are an employee who has or is experiencing sexual harassment at work, it’s important to understand your rights and the steps you can take to enforce those rights. No employee, regardless of profession, position, income or sexual orientation, should tolerate sexual harassment. Moreover, sexual harassment in an employment setting is illegal and legal action should be taken to hold perpetrators and condoning parties accountable.
Why some women didn’t speak up: Confidentiality agreements
Every day, more accusations of sexual harassment are being made against powerful figures in politics, entertainment and the corporate world. Now, the role of confidentiality agreements and nondisclosure agreements (NDAs) is becoming a subject of scrutiny. In particular, several of the women who have accused Harvey Weinstein of sexual misconduct essentially broke nondisclosure agreements they had signed.
Weinstein’s NDAs
The battle against sexual harassment on Capitol Hill
In the wake of the "Me Too" movement and the sexual harassment and assault allegations against Harvey Weinstein and many others, U.S. Rep. Jackie Speier, D-Calif., shared her own experience with sexual harassment to inspire other women on Capitol Hill to do the same. According to Speier, sexual harassment is a major issue in the halls of Congress, but very few people are talking about it.
In a video that went viral, Speier said that she was forcibly kissed by a congressional staff member early in her political career. She told ABC News that the man was Joe Holsinger, chief of staff for the late Rep. Leo Ryan, D-Calif. At the time of the incident, Holsinger was 50 while Speier was in her 20s. Holsinger died about 13 years ago.
A catalyst for change: the #MeToo movement
If you have accounts on social media sites like Facebook and Twitter, chances are you've heard of the "Me Too" social media movement. The movement quickly went viral after actress Alyssa Milano shared it on Twitter. So far, the movement has reached millions of people in at least 85 countries. According to Twitter, almost 2 million tweets included the #MeToo hashtag.
The hashtag exploded in popularity after dozens of women made sexual assault and harassment accusations against Hollywood mogul Harvey Weinstein. After the controversy began, Milano shared a tweet on October 15th. The tweet said that people should post "me too" if they've been sexually harassed or assaulted. The purpose of the movement is to show the magnitude of the issue.
The Harvey Weinstein scandal continues to grow
A few weeks ago, the New York Times blew the lid off of a story about Ashley Judd's (amongst others') accusations of sexual harassment against famous Hollywood producer Harvey Weinstein. Since this article was published, more than 60 women have come forward with sexual harassment allegations against Weinstein, and the number is growing.
In the past weeks, some of the actresses who have accused Harvey Weinstein of sexual harassment and abuse are famous women - Gwyneth Paltrow, Angelina Jolie, Mira Sorvino, Rosanna Arquette and Rose McGowan. Many women have shared their personal stories of what they endured while working with Weinstein. The allegations of unwanted touching, harassment and rape span over decades- some dating back to the early 1980s.
Gloria Allred helps more accusers come forward
Attorney Gloria Allred quickly began assisting accusers in coming forward. Several current and former actresses, including Natassia Malthe, Louisette Geiss and Heather Kerr, as well as former Weinstein Company production assistant, Mimi Haleyi, have turned to our firm for representation and assistance in coming forward publicly. We now represent numerous accusers, some who have not yet gone public.
