Equal Rights Advocates Legal Director Jennifer Reisch has been tapped to appear as part of a panel on the subject tomorrow at the Legal Aid Society – Employment Law Center in San Francisco.

The panel will delve into strategies to combat wage discrimination, retaliation, and unequal pay, including knowing how to see it and taking action to enforce the law. This is a great learning opportunity for both employment lawyers and community advocates.

For more on the panel discussion, as well as information on how to RSVP, click here.

“The gender wage gap can be measured in dollars and cents, millions upon millions of them over the course of woman’s working life. It cannot be explained away by rhetoric about women’s ‘choices’ to take lower paying jobs or leave the workforce. The law prohibits pay discrimination. It has for a long time,” she wrote.

In concert with a high-power coalition of women’s groups, Equal Rights Advocates has sent letters to all 50 governors today, the 50th anniversary of the Equal Pay Act, calling for their help in closing a pay gap that disproportionately punishes women of color and low wage-earners. For more on the Equal Pay Today! campaign, click here.

In one case, ERA helped tradeswoman Jeanine Dubois, who works as an electrician for the City & County of San Francisco, receive compensation and other relief for her claims of sex discrimination in pay and promotions. At ERA, we know that tradeswomen are historically discriminated against at work in male-dominated industries.

ERA attorneys also have successfully negotiated a string of settlements on behalf of pregnant women who were denied modest accommodations at work or fired when they requested them. One woman, who worked as a machine operator at a mailing and marketing services company and spoke only Spanish, was retaliated against and fired after taking her pregnancy leave. As part of the settlement, that company will improve its leave notices and translate them into other languages. A second woman, an East African immigrant who works in health care, was fired after requesting pregnancy leave. In addition to the monetary settlement, the company agreed to seal her dismissal records and she was able to get a job with a different employer.

“ERA takes a truly holistic approach to advocating for the rights of women and girls,” said ERA Legal Director Jennifer Reisch.  “Coupled with our work on broader impact litigation, like Dukes v. Wal-Mart, and our legislative advocacy on issues such as equal pay and fair treatment of working families, we believe that the direct service element of our work is an essential part of our overall strategy to ensure gender justice,” Reisch added.  “It is also extremely effective in bringing about necessary and timely changes in schools and workplaces.”

ERA will continue to negotiate and litigate on behalf of women workers who face barriers to equal employment opportunity and fair pay. For more information on our advocacy on behalf of women workers, click here. You can also support the rights of women and working families by joining our national and California campaigns to strengthen protections for caregivers and pregnant women at work here.

The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. As we near the 35th anniversary of the PDA, district courts are still missing the point.

The case, Equal Employment Opportunity Commission v. Houston Funding II, Limited; Houston Funding Corporation, involved Donnicia Venters, a female account representative who was terminated after informing her supervisor that she would need to use a breast pump when she returned to work after giving birth. He told her that her position had been filled and she received a termination letter shortly thereafter, stating “job abandonment” as the cause for termination.

The district court dismissed the case, granting summary judgment in favor of Houston. It held that lactation is not a pregnancy-related condition and thus, “firing someone because of lactation or breast-pumping is not sex discrimination.” The Fifth Circuit disagreed and reversed, stating that lactation is a pregnancy-related medical condition under the PDA and that Houston’s actions were a cognizable sex discrimination claim under Title VII. Thus, it said, the dismissal of the claim was inappropriate.

That cases such as this are still arising in America is distressing, but let us celebrate this movement towards true justice.

For information about California’s pregnancy accommodation law, which requires employers to provide accommodation to pregnant employees or employees who have recently given birth, click here.

Support the Pregnant Workers Fairness Act, which would require employers to provide employees with reasonable accommodations for conditions related to pregnancy and childbirth.

This post was written by ERA law clerk Brandy DeOrnellas.

ERA honors Leslie Levy for her many contributions to the gender justice movement. Leslie has contributed invaluably to the work of Equal Rights Advocates through mentorship of young attorneys, as a member of ERA’s Litigation Committee, and most recently, as co-counsel in R.R. v. El Trabajo, Inc. The case challenged the sexual harassment and assault of an immigrant woman restaurant worker, as well as wage and hour violations. Leslie Levy brings a lifelong passion for social justice to her employment discrimination law practice. In addition to representing employees, her record includes pioneering lawsuits against sexually harassing landlords and perpetrators of violence against women and children. Her primary focus is representing employees, especially women, who have faced or are facing discrimination or harassment on the job. Leslie has been recognized as one of Northern California’s Super Lawyers in Employment each year from 2005 to the present by San Francisco Magazine and won numerous other awards. She has been an adjunct professor at both the University of San Francisco School of Law and New College of the Law. She has written and spoken extensively about gender justice issues.

“Since I was a law student working at ERA 32 years ago, I have had an affinity for ERA and its mission. While the word “feminism” has fallen out of favor with some, ERA has consistently refused to allow women’s issues to be diluted or marginalized, and has stood strong in support of women’s equality in employment and education. ERA has broken ground for women in ways that have brought genuine justice for individuals and genuine change to society. As a lawyer, a lesbian, a woman, and one of the founders of a women-owned law firm, Levy Vinick Burrell Hyams, I applaud ERA’s 39 years of standing up for women’s rights. I look forward to continuing to stand with ERA in speaking feminist truths to power,” Leslie said.

ERA celebrates Monica Ip for her tireless devotion to ERA’s mission and invaluable contributions to our financial stability as Treasurer. Monica is a partner at Evidentia Consulting, LLP, a forensic accounting and consulting firm. She is a seasoned expert witness, with over 20 years’ experience in performing forensic accounting investigations and economic damage analyses. In her three years on ERA’s board, she has shown great leadership on the Finance Committee.

On May 29, the California State Senate passed SB 404, a bill authored by Senator Hannah-Beth Jackson (D-Dist. 19) and co-sponsored by Equal Rights Advocates (ERA), the California Employment Lawyers Association (CELA) and the Center for Worklife Law at UC Hastings. The bill will prohibit employers from discriminating against an employee based on his or her family responsibilities by adding “familial status” to the list of characteristics that are prohibited bases of discrimination under the employment provisions of the state’s Fair Employment and Housing Act.

As the law stands now, employees must draw on a patchwork of laws to show that an employer discriminated against the employee for being a primary caregiver by trying to prove that caregiving is a type of sex discrimination.  Many employers base adverse employment decisions on preconceived notions about family responsibilities. For example, employers may reduce an employee’s hours without the employee’s consent or pass over these employees for promotions.  This bill clarifies the law protecting caregivers giving guidance to both employees and employers about the rights of workers with family responsibilities.

“Today more and more workers are juggling both work and family care obligations, and the demands for elder care are projected to increase dramatically in the near future,” says Jamie Dolkas, Staff Attorney at ERA. “SB 404 provides much-needed protection to ensure that workers will not be treated unfairly because they care for their family members.”

Domestic Workers’ Bill of Rights and Bills Protecting Immigrant Workers From Retaliation Move Forward in California Legislature

Also on May 29, the Assembly passed “The Domestic Workers’ Bill of Rights,” (AB 241) introduced by Tom Ammiano (D-Dist. 17).  This bill would protect domestic workers, including nannies and those who provide in-home care, by regulating wages, providing for rest time, and protecting other working conditions.

While it exempts certain employers such as licensed health facilities or people who receive domestic care from the State of California or In-Home Supportive Services (IHSS), AB 241 defines employers of domestic workers as those who employ or exercise control over the wages, hours or working conditions of a domestic work employee, including those who obtain the services from third parties.

The same day, the California Senate passed SB 666, a bill authored by Senator Darrell Steinberg (D- Dist. 6 and President pro Tem), that would prohibit employers from threatening to report undocumented workers or their families when they exercise their labor and employment rights.  Employers may also risk losing their business licenses for retaliating against these employees.

Attorneys who use immigration status to threaten and intimidate witnesses would also face discipline, and whistle blowing protections would be extended to employees who testify before a legislature or other public body about anything related to a government investigation of the employer

AB 263, another bill protective of immigrant workers’ rights and, introduced by Roger Hernández (D-Dist. 48), passed through the Assembly. This bill would prevent employers from engaging in unfair immigration-related practices toward employees who assert their labor and employment rights. Unfair immigration-related practices would include threats of improperly using the Federal E-Verify system, requests of extraneous documents showing an employees’ eligibility to work, and threats of filing reports or contacting immigration authorities in response to an employee’s exercise of his or her rights.

“Equal Rights Advocates applauds the advancement of these three bills in the state legislature,” said Monali Sheth, Staff Attorney at ERA. “ AB 241, the Domestic Workers’ Bill of Rights, provides domestic workers the right to work for a living wage, decent working conditions, and with dignity, while SB 666 and AB 263 further protect the immigrant women we represent who are afraid of coming forward to complain when they have been overworked, underpaid, abused, and unlawfully harassed on the job.”

This post was written by Sonia Jacob, an ERA summer law clerk.

The award, to be presented at ERA’s luncheon on June 13, 2013, is given annually to a social justice advocate who embodies ERA’s mission to fight for women’s equality. This year’s luncheon focuses on issues of equal pay and wage justice, and marks the 50th anniversary of the Equal Pay Act.

Jayaraman is a founder and co-director of Restaurant Opportunities Centers United, a non-profit social justice organization that seeks to improve working conditions for food service workers. In February, Jayaraman published Behind the Kitchen Door, an exposé on poor working conditions in America’s restaurants.

“ERA’s fight for gender justice at work could not happen without visionary partners like Saru Jayaraman,” said ERA Executive Director Noreen Farrell. “Her incredible efforts on behalf of restaurant workers have exposed injustices faced by far too many low wage workers served by ERA. We honor the tireless advocacy of Saru and her colleagues at ROC for standing up to ensure that workers are paid fairly, are safe from harassment, and receive leave time when critical to their health or the health of their families. We thank Saru and ROC for helping us build a movement that promotes gender equity and justice for all workers.”

The United States food service industry employs 10 million workers, of which less than one percent are unionized, according to ROC-United. In Behind the Kitchen Door, Jayaraman combines personal narratives and investigative journalism to explore the “dark side of dining out”: discriminatory labor practices, exploitation, and unsanitary kitchens.

A graduate of Yale Law School and a frequent public speaker on the topic of low wage earners’ rights, Jayaraman currently serves as Director of Food Research at the University of California, Berkeley.

For more information on ERA’s luncheon, or to buy tickets, visit events.equalrights.org. To learn more about ERA’s campaign to Close the Wage Gap, click here.

A well-loved tradition in San Francisco, this year’s luncheon will focus on the theme of closing the gender pay gap. For more on our Close the Gap campaign and pay discrimination, click here.

Through generous donations from Wells Fargo, Hanson Bridgett, Farella Braun + Martel, the Kazan McClain Satterley Lyons Greenwood & Oberman Foundation, and others, ERA is thrilled to offer a unique program at the luncheon. The event will feature a speech by equal pay advocate Lilly Ledbetter, a screening of an original video on equal pay, and the honoring of workers’ rights activist Saru Jayaraman. The annual celebration of women’s rights and ERA’s work attracts more than 800 local lawyers and activists.

To buy tickets or sponsor the event, click here.

Particular thanks is due to Wells Fargo, which has supported the luncheon for 17 years — for the last 14, they’ve been our lead platinum sponsor. ERA is continually grateful for Wells Fargo’s generous and longstanding support. For a full list of sponsors, click here.