Category Archives: women

Supreme Court Preview: Women and ‘The Wal-Mart Way’

Doris Dukes was a cashier at WalMart when she realized that “The Wal-Mart Way” did not include clear, consistent rules for who gets promotions in the stores. She called a lawyer — and became, more than ten years ago, the lead plaintiff in Wal-Mart v. Dukes, a class action sex-discrimination lawsuit against one of the world’s largest corporations. As the New York Times pointed out in December, “The suit now speaks for more women than the combined total of active-duty personnel in the U.S. Army, Air Force, Marines, Navy and Coast Guard.”

Tomorrow, March 29, the Court will hear oral arguments in the case. In many ways, the stakes could hardly be higher.

WalMart is asking the Court to strike down two major decisions by the Court of Appeals, last year, in California. The Ninth Circuit found that Dukes, the 62 other named plaintiffs, and reams of statistical and anecdotal data had demonstrated that Wal-Mart’s well-known diversity policies had not overcome a corporate culture and associated practices that have systematically made it harder for women and people of color to advance in the company.

Ledbetter redux?

Among those practices are company-wide rules against discussing compensation, which can lead to an employee never even knowing that her pay is significantly lower than her white/male peers. A similar rule was at the heart of the infamous 2007 Supreme Court decision Lilly Ledbetter v. Goodyear Tire & Rubber Co. (550 U.S. 618), which in effect told Lilly Ledbetter that she had no redress when she learned too late that she and other women had been discriminated against. As WVFC’s Faith Childs observed in early 2009, after the decision “lower courts around the country have been busy deepening its effect, turning away suits charging discrimination based on sex, race and disability.” While that decision was reversed in part by the Lily Ledbetter Fair Pay Act, signed in 2009 by President Obama, that bill didn’t really fix the problem. More systemic redress for women was contained in the still-stalled Paycheck Fairness Act, which has been blocked in the Senate partly due to provisions that would make it easier for women to obtain legal damages from corporations. Barring such legislative relief, Wal-Mart v. Dukes may set the tone for the next few decades.

The attorneys who joined Doris Dukes’ case to hundreds of others spent ten years assembling their case. They found women at multiple levels of the hierarchy in hundreds of Wal-Mart stores who talked of being told women should stay home with their kids, that men “needed” management jobs more, and that if women were paid less it was simply that they weren’t aggressive in asking for raises. Counsel also secured salary and promotion data that demonstrated that whatever one thinks of this or that practice, its result is unmistakable:

Too big to sue?

This week, the Court will not be asked to evaluate the specific antidiscrimination claims of Dukes and her co-plaintiffs, but whether the case itself is legitimate. Wal-Mart’s briefs state that the class’s incredible diversity means that it’s not a true class, since all they share is gender; they also claim that the case violates specifics of the laws governing class action, which have been significantly narrowed since landmark cases such as Brown v. Board of Education. And the sheer size of the class, they maintain, makes crafting any remedy near-impossible and damages that would threaten to bankrupt the defendants. The company maintains that the large number of its stores, managers, and employees means that pay and promotion decisions “turn[ed] on decisions made by individual store managers,” without the commonality among class members required for class certification. Hundreds of companies and organizations filed briefs in support of Wal-Mart’s challenge, including Intel, Costco, the Equal Employment Advisory Council, Pacific Legal Foundation, Altria Group, Inc., Bank of America Corporation, Cigna Corporation, Del Monte Foods Company, Dole Food Company, Inc., Dollar General Corporation, Dupont Company, Fedex Corporation, General Electric Company, Hewlett-Packard Company, Kimberly-Clark Corporation, McKesson Corporation, Microsoft Corporation, NYSE Euronext, Pepsico, Inc., Tyson Foods, Inc., United Health Group Incorporated, United Parcel Service, Inc., Walgreen Co.and Washington Legal Foundation.

Dukes and her co-plaintiffs counter that the class’ diversity is its strength, and that they can show that “sex discrimination at Wal-Mart was the inevitable byproduct of a strong and centralized corporate system that originated in the company’s Home Office in Bentonville, Arkansas, and permeated each of the company’s stores in the United States.” In support of Dukes for the Court were the U.S. Women’s Chamber of Commerce, the National Partnership for Women & Families, National Women’s Law Center, NAACP Legal Defense and Educational Fund, Inc., National Association for the Advancement of Colored People, Leadership Conference on Civil and Human Rights, AARP, Disability Rights Education and Defense Fund, Inc., Latino Justice PRLDEF, Asian American Justice Center, Asian Law Caucus, Lawyers’ Committee for Civil Rights Under Law, and Public Citizen, among others.

If the Court agrees with Wal-Mart that there’s no legitimate class action, Dukes supporters say, this will make it much harder to take on employment discrimination. Marcia Greenberger of the National Women’s Law Center (above left) told an American Constitution Society briefing on the case last week that the impact would not be limited to women: “Older workers, workers with disabilities, workers of color — all would find it harder to make their employers accountable,” she said.

And justice for all?

No one’s placing bets yet on the Court’s decision in June. Tomorrow’s oral arguments promise to be fascinating, given that most of the current court decided Ledbetter in 2007 and ruled for corporations’ rights in Citizens United in 2010 — including Antonin Scalia, whose recent comments declaring that women aren’t included in the Civil Rights Act have caused some to ask Scalia to recuse himself from Dukes.

However, the New York Times‘ Linda Greenhouse, looking at the current Court term, found some perhaps surprising stats: “Employees suing companies for civil rights violations have won all three cases decided so far… By wide margins, the court has rejected arguments put forward by corporate defendants in several cases. It refused to permit corporations to claim a personal-privacy exemption from disclosure of law-enforcement records under the Freedom of Information Act. It permitted a liability suit to proceed against an automobile manufacturer for not installing the safest kind of back-seat passenger restraint. And in a unanimous opinion on Tuesday, the court refused to throw out a lawsuit by investors alleging that a drug manufacturer’s failure to disclose reports that some patients using its cold remedy had lost their sense of smell amounted to securities fraud.” And no one is overlooking the fact that this is the very first such case to be decided by a Court that is, for the first time, one-third female — including, noted the Times‘ Adam Liptak, Justice Sonia Sotomayor, who voted to certify an even larger class action in an antitrust case involving eight million merchants, including Wal-Mart, when she was a judge on the United States Court of Appeals.

We’ll have a full popcorn bowl handy while we read the live blogs of the arguments. By all means, let’s comment on them together below — and then place our bets on the outcome in June.

(Originally posted at Women’s Voices for Change.)

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missing cairo

Like everyone else, I’ve been mesmerized this whole month by events in Cairo : by the stirring scenes from Egypt, careening from the January 25 Facebook-organized protests, with hundreds of thousands converging in Cairo, Alexandria and elsewhere to demand that their leader relinquish power after 30 years; to the harsh, government-inspired “Days of Rage” of February 2; to Friday’s “Day of Departure,”with redoubled protests and open negotiations for the future.

It’s 21 years since my only visit (sob!) to that part of the world. My Cairo memories are mostly blurred (nowhere near as vivid as those of the masseuse who befriended me at Sharm-el-Shaikh, or what I still call “the Pyramids of New Jersey”). I do remember its insane traffic and brutal smog, and like everyone else felt the reports of the smog clearing this week (due to cars being replaced by bodies) a harbinger of something good.

Of course, I went off to find the women in this story, to post them at my other shop.

The names most often associated with these world-changing events were, of course, those of prominent Egyptian men, such as President Hosni Mubarak, nuclear scientist and popular opposition figure Mohammed el-Baradei, Army strongman and vice president Omar Suleiman and Mohamed Beltagui of the Muslim Brotherhood. On today’s chat shows, you’ll likely see those names tossed around as Middle East experts try to predict the future.

But what we’ll most remember is the women’s leadership that has evolved right alongside these protests —including human rights activist Nawal al-Saadawi, who speaks above about her return to Egypt years after being imprisoned and exiled by successive Egyptian regimes. Hundreds of images like these adorn the Women Of Egypt Facebook page. “The country’s sisterhood,” notes the Los Angeles Times, “has sparked a movement within a movement.”

Much more here,, including tons of video and Mona Eltahawy laughing in Bill Maher’s face.

My open letter to Rielle Hunter

Dear Rielle,

I’m glad you went on “Oprah” this week. Ever since you burst onto the national consciousness in 2008, I’ve been wondering about you — the former Lisa Druck, now a Southern Californian named Rielle, and since last year the mother of a lovely toddler who looks just like former senator and presidential contender John Edwards.

Back then, I had a pretty good idea of who you were, and, paradoxically, none at all. Here on the WVFC website, I wrote about what your story brought to mind: “We Could All Be Elizabeth Edwards.” Like many women, I first heard the unfolding tale with that brilliant attorney and cancer survivor in mind, and felt sick. “We all could be Elizabeth: we all could see something we’ve fought for splintered in a second, because of others’ stupidity or our own. As midlife women, we curse what our bodies can no longer do or be or look like…” Or the fear that crosses the heart that someone newer and shinier can walk into your relationship and upend it.

It’s been nearly two years. For a while you were easier to ignore, what with the tawdry details spilling out of all the political press or the memoir of former Edwards aide Andrew Young, who once claimed to be your child’s father. As soon as Elizabeth finally filed for divorce, protecting her children, it was easy to decide you were none of my business.

So why turn to that hour with Oprah and your Hollywood-lovely face? Maybe because as much as I think I could have been Elizabeth, I also know I could have turned out more like you.
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Roman Polanski: The 1970s Are Over, Thank God.

! CML07pride This week’s arrest of Roman Polanski felt weirdly unsurprising. It fit somehow with all the flashbacks to 1969 the media’s treated us to this year — as that TIME cover put it, “From the Moon to Charles Manson.” What will the 1970’s reminiscences be like, one wondered? Maybe like this.

But who really remembers 1977? And what does anyone really remember about Polanski’s arrest?

I actually remember that time pretty vividly. I was fifteen years old, and in some circles at my high school, relationships with older men were all the rage. They meant we were cool, outre, too daring for dating. (Not for me, mind you, though I still hoped to grow into it.) When the tabloids shrieked about Polanski’s statutory-rape conviction, I even blithely wrote an op-ed in my high school journalism class about how such “relationships” shouldn’t be illegal, even if the girl in question was 13 years old.

Of course, like most opinion writers then and now, I didn’t know what the hell I was talking about. I certainly didn’t know that the girl had told a grand jury that she was given Quaaludes and then raped, that she’d said no and asked to go home, that Polanski pled guilty to a lesser charge and then fled before final sentencing.

My main excuse now for my blitheness then is that I was fifteen, and that it didn’t last long. I’ve never been able to see a Polanski film. and cringed every time he won another award. Knowing the traumatic facts of his life, from the Holocaust to the Manson murders, plays differently with me: it can explain, perhaps, but it’s the opposite of an excuse.

This week, I was floored as news reports kept saying that Polanski had been arrested “for sex with an underage girl,” without explaining what had happened; at the sudden movement to “Free Polanski,” giving the perp what Slate’s Elizabeth Wurtzel calls “a genius exception for rape.” Even Whoopi Goldberg made my old mistake: “Things are different in Europe,” she said, and besides “It’s not rape-rape.”

I have no doubt that Goldberg has since been shown the grand jury testimony, but what’s her excuse for talking before she’d done the research? It’s on TheSmokingGun.com, for godsake.

Or she could have paid attention to Kate Harding on Salon.com’s Broadsheet column. In Reminder: Roman Polanski raped a child,”

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Unstuck in time again, in a good way

It’s been forever, I know. I should have at least updated my other shop’s cheers as Sotomayor became a Justice, especially the soulful essay about how she, a wise Latina herself, felt during that confirmation ceremony. But given the demands of that other shop (go look! Make comments!) and that I’ve been writing the last two chapters of my book simultaneously, I’d made a conscious decision not to blog until I was done. Well, not completely conscious, or else I’d have put up one of those “Gone Fishin”signs.

But last week I finally went to this convention, which I’ve described to friends as “like going to a party where fully half your characters are there to answer the questions you never asked.” Veterans for Peace, founded in the wake of the collapse of the Nuclear Freeze movement, and containing many of the folks I’ve now been writing about for years.It began with a rousing statement from Rep. Donna Edwards (above), who like me isn’t a veteran, but who may as well be: her father was career military, and she remembers when her father was stationed in the Philippines and “if we wanted ice cream, we had to go all the way to  Quezon City” because in military facilities, including the huge Clark Air Force Base,  “all the hangars and freezers were filled” — she choked up — “with the caskets of young men and women who had died in Vietnam.” That told her, she said, “When we ask our young people to sacrifice, it’s our responsibility to get it right.”

I remember when Edwards was “just” the director of the National Network Against Domestic Violence, and we were working together on military issues: that one, like many of the issues jostling in  my brain and this book, was challenge and enriched by the information streaming everywhere last week.

coxMuch was  super-informal, with benefits: e.g. I warned Paul Cox (right), who I’ve known nearly 15 years now, that he was a star of my Vietnam chapter, and as a bonus he let me see and upload some 1969 photos he’d just got hold of.  (They proved what I’d always guessed: he was even more of a babe at age 19 than now.)

ellen_barfieldWRLAfter dropping by the Women’s Caucus — where I also got to check in at the long-pervasive issue of military sexual abuse and homophobia— I got to interview Ellen Barfield (U.S. Army 1977-1981, now on the board of War Resisters League.) Barfield told me about being stationed in 1980 at Camp Humphreys, in South Korea, when her unit and many others were suddenly put on lockdown during the Kwangju Massacre.

barfieldportraitWe were put on high alert; the combat troops were given orders, and up in our unit we started getting riot training.” she told me.  Asked by fellow officers if women should participate, she and other women said hell yeah, we’re soldiers too — but matters never got that far. “That’s as close as I ever came to combat,” Barfield reflects now. “But – it wouldnt have been combat, it would have been killing civilians!” Already a Nation reader who’d been struck by the grinding poverty she saw in Korea, she set about upon leaving the Army to learn more about U.S. involvement in backing up Sung’s repressive government. “People are kept for so long from knowig their history,” she told me.  She learned a lot from members of the then-newborn VFP such as former CIA Asia specialist aideChalmers Johnson and Brian Willson, who’d lost his legs protesting U.S. aid to repressive governments.

plow8bBarfield was soon drawn in by the nuclear-freeze movement, just as Philip Berrigan and the rest of the Plowshares movement were getting arrested  at nuclear plants all over the country: Barfield was soon doing the same at the PANTEX plant near her hometown of Amarillo, Texas, and has been a “soldier for peace” ever since. I learned some of the latter story from a panel on nuclear-weapons issues, where a hikabusha (survivor of Hiroshima) asked through a translator what the  U.S. was doing to teach its children about nuclear weapons.

At panels on The GI Rights Hotline and on active-duty resistance, I learned more about the still-ongoing cases of current resisters such as Agustin Aguayo (above), and of those in exile fighting for asylum, like Andre Shepherd (below), whose German support network includes a woman who’s been doing this work on and off since the Vietnam years.I didn’t think then — but do now as I write this – that if I had stayed at CCCO a mere year longer, I might never have felt able to leave.

Despite the friendliness of the members of Iraq Veterans Against War, though, I was perhaps too shy about the IVAW workshops, fearing they were tired of me already — something I regret and don’t, now.

johnjudgeBecause on my way out of town, I touched base with John Judge — who  has been doing this work literally since I was two years old, including with the G.I. Project of  VFP’s vibrant predecessor. John described for me what he witnessed when  Vietnam Veterans Against the War was  neutralized  by the Red Squad in 1974,  “destroy[ing] the single most visionary and effective peace group in history.”   (I’d already written about these events here, drawn from documentary evidence).

wintersoldier_bannerWhen the RU moved into VVAW’s Chicago headquarters (note the North Vietnamese star at the center of the logo), so did posters and newspapers with appropriately “militant” headlines, such as: VVAW BATTLES V.A. THUGS. A civilian volunteer named John Judge, who watched the transition, was astounded. “Were they really advocating physical violence against medical personnel?”

The transition did, Judge added, have its comic elements: “They came in with these handlebar mustaches and sideburns, like Stalin, and these flannel workshirts.” Romo and his RU peers also told Judge to stop reading a pop history book in his bag, because We only read Marx and Engels here. “I told them, Those books are 150 years old now.” But the new regime also purged any members they deemed not “correct,” which included many who had been working triple time to help the new veterans get what they needed.

The January 1975 issue of THE VETERAN, whose “Vets Fight V.A” article was just before the “Victory to the Indochinese,” was also its last until 1996. The closer RU got to its goals, the more complete the damage to an organization once powerful enough to scare Nixon.

road_from_ar_ramadi_coverThat conversation with John stayed mostly comic/elegiac.  We did touch on the question I’ve since been trying, separately, to sort out: if the same has already begun to happen to IVAW, perhaps under the influence of it outgoing board president Camilo Mejia, the brilliant young scion of Nicaragua’s revolution? I mention the latter fact in full respect; Mejia (with whom I share a literary agent!)  grew up in the fullness of a poet’s revolution, and his father, Carlos, wrote the Sandinista National Liberation Front’s national anthem. His speech last Thursday was compelling, as when he noted that the U.S.’  unfortunate Asian land war had left room for all the democracy movements south of the border.

But my concern was rooted in more than Camilo’s charisma: rumor has it that while I was worrying about ANSWER (Workers’ World Party) and World Can’t Wait (RCP) leeching off the younger group, I was too distracted by their sideshow to see the steady recruitment tactics of this group, only a few years younger than RCP and hipper/younger/jazzier in its presentation.

It’s not a meaningless question: dissenting soldiers are already being marginalized every minute. I hope those rumors are incorrect, but I’m not that optimistic.But my job now is to find out what actually happened, and to tell that story as honestly as I can.

(p.s. Thanks so much to Gerry Condon, whose comment below helped me correct some errors born of hurry and 50 percent humidity. That’s part of what this blog is for.)

and because it's still Poetry Friday

maria-and-gathering-words

Academically trained in German language and literature at Colby (BA), Tufts (MA), and Harvard (ABD), Maria Luisa Arroyo (www.marialuisaarroyo.com) is an educator, a single parent, a 2004 Massachusetts Cultural Council poetry grant recipient, a 2008 Massachusetts Unsung Heroine, a visual artist, and a self-taught poet. Her collections of poems include Gathering Words/Recogiendo Palabras (Bilingual Press, Tempe, AZ: June 2008). The poem below appeared in her self-published chapbook, Touching and Naming the Roots of This Tree (2007).

On Our Drive to North Haven

95 South and no signs to warn drivers of danger,

of deer attempting to cross this highway

as if deer were like the trees here-

too plentiful too many to matter.

The first doe we passed in the breakdown lane

had collapsed under thunder clouds.

The second sunk into the tar, the swollen tan

of her side a blur to the boys in the back seat,

who were whispering about John Cena, Batista,

the Undertaker’s possible return, wrestlers on TV

more real to them than the death of does.

95 South and no signs here either

to warn drivers of turtles trying to cross.

Far away, dark helmets or rounded tire scraps.

Up close, two turtles as the speeding car

in front of me swerved but still clipped

and flipped the second one onto its back,

its feet frantic for balance, for life.

So the instant the cream pickup veered

into my lane and almost hit the back of my car

where my son and his best friend sat,

I knew in those slow motion seconds

that it took for me to jerk the wheel to the left

and out of collision’s path, in those slow seconds

the boys yelled “Mom!” as the litany of swears

erupted out of my mouth and scared them more,

I knew that the does and the spinning turtles

were the missing signs of warning, of danger.

(Cross-post from Women’s Voices for Change.)

two pictures, old hope

Images  found this week at the Swarthmore College Peace Collection, now in dim photocopies.  I’ll scan both as soon as I can, and provide substitutes in the meantime:

Stokely Carmichael in Alabama, 1966

Stokely Carmichael in Alabama, 1966

#1: June 30, 1966.  A room at NY Community Church on 35th Street, filled to bursting for a press conference. To the left of the table, a reedy and still-handsome David Dellinger, WWII conscientious objector and staff member at War Resisters League, and Stokely Carmichael, about to become chair of the Student Nonviolence Coordinating Committee (SNCC), looking almost exactly as he does at right.

musteday1Seated just behind Carmichael is pacifist icon A.J. Muste, who had just returned from a visit to Vietnam (looking just as he did in the iconic photo with Dorothy Day, left). Then at the table itself sit Army privates Dennis Mora, James Johnson and Robert Samas, also known as the “Fort Hood Three,” announcing their intention to refuse deployment to Vietnam– flanked by Lincoln Lynch, of the Congress on Racial Equality, and the ubiquitous Staughton Lynd,  co-chair with Muste of the Fort Hood Defense Committee.

In some ways, it’s a picture of the anti-war movement before it fractured into a million little pieces. When the priests, the poets, the politicos and the pranksters who demarcated the movement had yet to manifest themselves, and most simply thought of it as an extension of the struggle for civil rights, three years after the March on Washington.  The letterhead of the Defense Committeee lists, as members and sponsors, such seemingly-disparate pairings a Dorothy Day and Noam Chomsky, both civil rights veteran leader Fred Halstead — soon to run for president on the Socialist Workers Party ballot — and the libertarian journo Nat Hentoff.

This was a moment  just before  Carmichael  went down to Alabama to organize the Lowndes County Freedom Party, whose symbol was a black panther, and long before he came to symbolize Black Power both to SNCC and the FBI;half a year before Muste died at 82, leaving behind a movement already beginning to shred; before the GI antiwar movement had multiplied, until there were imprisoned GIs, more “defense committees” charged with everything from conspiracy to murder, than anyone could count. It’s a serious photo, but somehow hopeful. No one in that room imagined that the war was in some ways just beginning; there’s none of the rage, exhaustion, Dadaist darkness  of even the Chicago Seven protests two years later.

wpaphotoImage #2 was on the cover of WIN Magazine in January 1981. It’s from the November 1980 Women’s Pentagon Action (left). But the image in front of me now is of two college sophomores, not yet nineteen years old, openly grieving after having marched to the Pentagon from Arlington National Cemetery. Ronald Reagan had just been elected, and the next war felt imminent. The crying was part of an innovative, emotionally structured sequence in which the demonstration went through stages, starting with grief and ending with defiance (civil disobedience). One of the girls in that photo is my heart-friend Julia Kay. And two rows behind those two is a girl in braids, looking forlorn and stubborn at the same time.

To my eye, none of those girls looks older than twelve — including the one in the braids. I was only four when those brave boys came forward at Fort Hood, and knew nothing of them when I wept at the Pentagon 15 years later.

Tomorrow is my birthday — god help me, I’ll be forty-seven. (No one told me when I celebrated 40 that it would keep going forward!) But working on this book has brought me closer to that girl in braids than I ever expected.