Title VII’s Disparate Income Doctrine: The Difference It’s Made for Women

By Fatima Goss Graves and Amy K. Matsui, National Women's Law Center Cross-posted from ACSBlog

This week the Senate HELP Committee will vote on the nomination of Thomas Perez to be the next Secretary of Labor. In the midst of the many unfair and unfounded attacks lobbed against Mr. Perez in recent weeks, an important legal doctrine for combating sex discrimination has also come under attack: disparate impact. Under Mr. Perez’s leadership as the Assistant Attorney General for Civil Rights at the Department of Justice, the Department has employed the longstanding disparate impact analysis to combat employment discrimination. Its application is not only legally sound, but exceptionally important to eliminate discrimination and further justice.

The Supreme Court and Congress have long made clear that Title VII of the Civil Rights Act “prohibits employers from using employment practices that cause a disparate impact” based on sex and other protected classes. The doctrine of disparate impact allows for a remedy when an employment practice that may be neutral on its face has an unjustified adverse effect on members of a protected class.

Harvard WLA Conference: Running for Office

I was going to throw up.  The first day’s reading for my Gender Violence, Law and Social Justice course involved graphic articles about the rape in Steubenville, Ohio.  As I was reading about the horror inflicted on a sixteen-year old girl, my body reacted physiologically.  I felt sick, but also angry.  In light of such an obvious attack on women, why can’t Congress reauthorize the Violence Against Women Act?

Partisan divide explains some of Congress’ incapacity to act (though it still confuses me why women’s safety isn’t a concern of both parties).  The dearth of women in Congress also contributes to legislative inaction on women’s issues.  That’s why I’m so excited for EMILY’s List President Stephanie Schriock to speak at the 7th Annual Harvard Women’s Law Association (WLA) Conference on February 8, 2013.  EMILY’s List encouraged, endorsed, and ensured that women won seats in the House and Senate as well as in state executive and legislative positions.

Year of the Political Woman: Mass. Senator Katherine Clark

Katherine Clark started her political career on the Melrose School Committee in 2001. She then served as a state representative from 2008-2010 before becoming a state senator representing the Fifth Middlesex district. 

Senator Clark’s legal career includes service as a prosecutor, General Counsel for the Massachusetts Office of Child Care Services, and Chief of the Policy Division for the Massachusetts Attorney General. Currently, she serves on the Center for Women in Politics and Public Policy Advisory Board at the University of Massachusetts Boston and as a Member of the Advisory Council for the Department of Early Education and Care. Among her many awards are the Massachusetts Municipal Association Legislator of the Year and Boston Area Rape Crisis Center Beacon Award.

Targeting Gun Control

It is fair to say that, for many of us, the holidays were marred by several tragedies that took the lives of innocent people:

Dec. 12, 2012 – Jacob Tyler Roberts opened fire at a mall in Portland, Oregon, killing two people and seriously injuring another. He then killed himself. 

Dec. 14, 2012 – Adam Lanza entered the Sandy Hook Elementary School in Newtown, Connecticut and killed 26 people, the majority of whom were children. He killed himself as police approached the school. Before committing this despicable act, he killed his mother.   

Dec. 21, 2012 – A gunman killed three people at Juniata Valley Gospel Church in Central Pennsylvania. The gunman was shot dead by state troopers. However, three officers were injured, including one who was shot twice in the chest but survived thanks to his bulletproof vest.

The Offbeat Path: Interview with Lori Bryant

Hello, and welcome to another interview with a female attorney who is pursuing an un-traditional career path! This month's interviewee is Lori Bryant. Lori and I went to law school together and provided moral support for each other when the job hunt got rough, so I am very happy that you get a chance to meet her through this interview. As always, if you are interested in being interviewed, please contact me at carissa.mulder@gmail.com.

1) Tell us a little about yourself. Where did you grow up, go to school, etc.?

I was born in San Mateo, CA and moved to a small town called Silverdale on the Washington State's peninsula when I was young. I have one older sister and parents who have been married for 43 years. I went to the University of Washington and graduated with a BA in English Literature. I like to bake, read, write fiction and do anything outside. I also love to travel and have been fortunate to have visited
everywhere from Egypt to Argentina to Paris.

Women Lawyers as World Leaders

Last week I had a bit of an epiphany about the need for more women lawyers to stay in the profession.  I was scrolling through some recent news items on women leadership in preparation for a speech that I will deliver at a law firm later this week.

One of those news items caught my eye.  It reported the results of the recent Women in the World Summit held earlier this month in New York City.  The women who attended the Summit demonstrated, among other things, their understandings of alternatives to aggression and the importance of consensus in solving world problems.  They proved once again that women have unique contributions to make and that their value at the highest levels of government and diplomacy cannot be overstated.

From the Seat of Power: Heidi Finger

Heidi Finger began her career at the Department of Labor after graduating from Wellesley College, and returned as an attorney after attending American University's Washington College of Law. She has litigated for the department on many issues including employment discrimination, fair labor standards and equal pay. Heidi retired from the Office of Federal Contract Compliance Programs in 2005, after serving in numerous capacities for the Department.

How did you come to work for the Department of Labor? I think it was all a lot of serendipity. When I first graduated from college, there were many fewer opportunities for women at that time then there are now. I gravitated to the government as a place that was open to me. I started in the Wage and Hour Division, enforcing minimum wage and overtime. They had a program that was brand new called the Equal Pay Act (now EEOC enforced) which was at the time tied to the Fair Labor Standards Act in DOL. I was lucky that the program had the only woman supervisor in the whole Department of Labor. It was a great opportunity and it was meaningful to me.

From the Seat of Power: Emily Krause

Emily Krause graduated from the Catholic University of America, Columbus School of Law in 2007.  She received her undergraduate degree is from the University of Virginia. (Go Hoos!)  While in college she studied abroad in Vietnam, and resulting in a whirlwind semester of learning and exploring.  The gutsiest thing she did was buy a bicycle and ride through the streets of Hanoi (anyone who has seen the traffic there, then you knows what she means).

How did you come to work for the NRC? What earlier experiences led you to your current position? The NRC hired me right out of law school. After an initial on-campus interview, I was invited back for a full day of interviews at headquarters.  A few months later the NRC’s Atomic Safety and Licensing Board Panel – an independent office of administrative judges that conducts trial-like adjudicatory hearings -- offered me a two-year position as a law clerk and I jumped at the opportunity.  When my two years was up, the Office of Commission Appellate Adjudication picked me up, and I’ve been there ever since.  I now handle appeals of licensing board decisions.

From the Seat of Power: Nicole Heiser

Nicole Heiser is an attorney practicing employment law in the U.S. Department of Homeland Security, Office of the General Counsel, General Law Division. Nicole graduated from the University of California, San Diego in 1999 with a Bachelor of Arts in Psychology.  She attended the Catholic University of America Columbus School of Law. She is a member of the bar in California and Maryland.  Following graduation, Nicole joined the Department of Justice Honors Program as an Honors Attorney for the Federal Bureau of Prisons practicing employment and labor litigation. Nicole has been in her present position with the Department of Homeland Security since April of 2007.

From the Seat of Power: Angelia Talbert-Duarte

Angelia Talbert-Duarte serves as the Deputy Chief of the General Law Division in the United States Department of Commerce. She received her Bachelor of the Arts degree in psychology from Salisbury University in Maryland, and spent one year after graduation working for a family law firm.  Angelia received her juris doctor from the Catholic University of America, Columbus School of Law in 1996. After graduation, she served as a Motions Clerk for the District of Columbia Court of Appeals, and  subsequently worked for two years in the Office of the General Counsel for the United States Postal Service. In 2001, she took a position as an Attorney Advisor for the United States Department of Commerce, where she now serves as the Deputy Chief of the General Law Division.

What factors led you to a legal career with the federal government? After graduating from college, I spent a year working at a small family law firm. It was a woman-owned firm and I had three wonderful female attorney mentors there. Based on that experience, I decided to attend law school. I spent my summers working for a private firm as well as the government. Ultimately, I chose to work for the federal government because it presented an opportunity to work on a variety of legal issues.  I did not expect my federal career to expand in the way that it has, but I continued for two reasons. Foremost, I really enjoy my current e practice area. Second, there is a great work-life balance which I really appreciate. Even though the financial benefits are not the same as you might find at a big firm, and the hourscan be long, there is a great satisfaction that comes with the work.