Equal Rights Advocates
September 2011 Newsletter
Litigation News
Are Women's Rights Under Attack?
Join ERA for an event showcasing our efforts toward assuring equality in the workplace and schools.
Thursday, September 29, 2011
5:30 pm
Equal Rights Advocates
180 Howard St. Suite 300
RSVP to Jalyn Feth
at jfeth@equalrights.org or 415-621-0672
Case Update: Dukes v. Wal-Mart
On August 19th, the U.S. District Court issued an order setting deadlines for former class members of Dukes v. Wal-Mart to file a lawsuit or a charge of discrimination with the Equal Employment Opportunity Commission.
ERA's Managing Attorney Noreen Farrell stated: "The Court has agreed with the plaintiffs in applying a common date to file claims of former class members. We think the decision provides clarity for those around the country anxious for their day in court to challenge Wal-Mart's discriminatory practices."
Co-counsel includes The Impact Fund; Cohen Milstein Sellers & Toll PLLC; Davis, Cowell & Bowe, LLP; The Public Justice Center; Merit Bennett and The Tinkler Law Firm.
Our efforts to seek justice for the women of Wal-Mart persist. Stand with us!
Class Actions: Dead or Alive?
On August 30th, ERA co-sponsored a brown bag discussion on how two landmark U.S. Supreme Court cases, Dukes v. Wal-Mart and AT&T Mobility v. Concepción, may impact class action litigation and the ability of individuals to vindicate their civil rights.
Panelists explained that both decisions are narrowly limited and do not create an outright ban on class actions. They also emphasized the importance of class action litigation as a means of vindicating the rights of low wage workers. They urged civil rights advocates to look at litigation as part of a broader public advocacy strategy in which litigation is one of many tools that can evoke positive change. Other strategies include: raising public awareness, exercising consumer choice or “market muscle,” organizing protests and boycotting businesses with unlawful practices.
Women's Equality Day in St. Louis, MO
In celebration of the 91st anniversary of the 19th amendment, ERA Staff Attorney Jamie Dolkas and Betty Dukes, lead plaintiff in the Dukes v. Wal-Mart case, were keynote speakers at the Annual Women's Equality Day Event hosted by the Missouri Women's Network.
Dolkas and Dukes spoke about the prevalence of pay inequality and discussed why class actions are particularly important for low-wage workers. Despite the recent disappointing decision from the U.S. Supreme Court, Ms. Dukes delivered a strong, uplifting message that the fight against Wal-Mart is not over. Ms. Dolkas discussed the importance of legislative advocacy, including the Paycheck Fairness Act, which would ensure equal pay for equal work, close loopholes in existing laws, strengthen penalties against employers who violate the law, and protect workers who discuss or inquire about pay from retaliation.
ERA thanks the members of the Missouri Women's Network for their hospitality and ongoing support of the women of Wal-Mart.
ERA Advocates for Pregnant Workers
California Pregnant Workers Rights Bill Moves Forward
Equal Rights Advocates is proud to announce that SB 299, a bill co-sponsored by the organization and the California Commission on the Status of Women, will now move forward to a vote in the California State Assembly.
SB 299 (authored by Senator Noreen Evans) successfully passed through the Assembly Appropriations Committee last week. The bill amends the state’s Pregnancy Disability Leave law to guarantee the continuation of employer-provided health insurance coverage for women on leave from work due to pregnancy or childbirth.
If SB 299 becomes law, pregnant workers will no longer have to choose between staying at work and jeopardizing their health and the health of their babies, or taking leave without health insurance at a time when they need it the most.
Thank you to all of you who helped push this bill through the Assembly Appropriations Committee! Your support really made a difference! SB 299 was at risk of being held back, but Assembly Appropriations Committee Chair Felipe Fuentes and Assembly Speaker John Perez received hundreds of calls urging them to move the bill forward, and it worked!
A vote before the full Assembly is expected by September 3rd, and before the full Senate by September 7th. The bill will reach the Governor's desk for consideration assuming clear sailing next week.
ERA’s Reaction to Work-Life Balance Put-Downs in EEOC v. Bloomberg L.P.
On August 17th, a New York district court tossed pattern and practice pregnancy discrimination claims by female employees of the financial giant, Bloomberg L.P. The decision deals a blow to gains made to promote work-life balance and fair treatment of women who become pregnant.
"Just when we think we have made some headway in ensuring workplaces that are free from discrimination against mothers and other caregivers, we are hit with painful reminders that the work of Equal Rights Advocates is not done." Read the full reaction to the decision by ERA's Managing Attorney Noreen Farrell.
ERA Supports Domestic Workers Rights
ERA urges our supporters to contact the members of the California Assembly Appropriations Committee to advance the California
Domestic Workers Bill of Rights. The bill would ensure domestic workers basic labor protections such as overtime pay, workers' compensation, meal and rest breaks, the right to reporting time pay when scheduled work is canceled, eight hours of uninterrupted sleep for live-in workers, and the right to cook one's own food. On August 22nd, ERA staff joined more than 250 domestic workers and supporters from California, Illinois, Washington and New York to lobby Sacramento legislators to advance this bill.
The bill was placed on the Assembly Appropriations Suspense File. The deadline to move it forward during this session is Friday, September 9th.
Support this
bill today!
ERA in the News: DREAM Act Commentary
Staff Attorney, Monali Sheth, published an op-ed in New America Media discussing the benefits of the DREAM Act. The Act is a federal legislative proposal that will provide undocumented students a path to legal status through education or military service.
Sheth affirms: "The DREAM Act sustains the hope that children will break the cycle of poverty and fulfill the American Dream. It will also enrich our country's economy with skilled and dedicated young people well worth the investment."
ERA Selected for the 2011-2012 Women's Policy Institute
Congratulations to Staff Attorney Jamie Dolkas on being selected for the 2011-2012 Women's Policy Institute, a one year training program sponsored by the Women's Foundation of California. The Institute teaches women and grassroots organizations how to successfully negotiate policy change in Sacramento.
ERA is thrilled to have the opportunity to be a part of this amazing program.
ERA Welcomes Fall Law Clerks
Equal Rights Advocates extends a warm welcome to our fall law clerks (from left to right): Ana Herrera (UC Berkeley Boalt Hall School of Law), Malia Vella (Santa Clara University School of Law) and Stephanie Kang (UC Hastings College of the Law). Under the supervision of ERA attorneys, law clerks respond to requests for assistance from our Advice & Counseling Hotline. Law clerk internships are available throughout the year.
