The EEOC has found that about a quarter of sexual harassment complaints came from the service sector, which is dominated by low-wage, female workers. Many low-wage jobs are disproportionally held by women of color or immigrants. These women also often face intersectional disadvantages —burdens posed by race, national origin, gender identity, and other characteristics beyond gender alone — that may trigger biased treatment. Despite these findings, women’s movements like the #MeToo movement have failed to include the experiences of low wage workers, women of color, undocumented immigrants, and other segments of minority communities. Worse yet, many of these workers are not legally protected from sexual harassment.
The Need for Ethnic and Gender Diversity Among Arbitrators
“I got 99 problems and arbitration panel diversity is one!” This is what famous rapper Jay-Z probably felt like changing his song lyrics to when he experienced, first-hand, the lack of diversity amongst arbitrators in the arbitration system. Jay-Z had a dispute that arose out of a deal previously made, which had a mandatory arbitration agreement forcing parties to settle the dispute in arbitration with the service provider AAA to facilitate the arbitration. When it came time to select 3 arbitrators, out of a 200-name list, only 3 names were considered people of color, and one of them had a conflict of interest making them ineligible to sit on the neutral panel. It is not a true choice if there are not enough diverse arbitrators to choose from and it is important to recognize the possible affect that a lack of diverse arbitrators sitting on a neutral panel can have on a binding decision, which is why tacking the issue of diversity among arbitrators is essential.
Big Tech: Where Did All the Women Go?
It’s 2019 and you are a new mom who just returned to work at Microsoft; you’ve been working there for the last six years. You see no advancement and no increase in pay or responsibilities in your future. In fact, when you tried to push for a promotion, your manager told you that he did not want to “waste” a promotion on you in case you became pregnant again. You have the same job you have had for the past six years, while your male colleagues who started at the same time are now so far ahead you could never catch up. You have thought about options to advance your career. Finding no solution, you send an email asking your female colleagues for career advice. Imagine your surprise when dozens of women reply to your email sharing their own complaints about repeated discrimination and harassment, which the Human Resources department has ignored. Would it at all surprise you to learn that something very similar actually did happen at Microsoft not too long ago? How did we get here?
The Contraception Mandate’s Compromise: Equal Access To Free Contraception
Rachel and her husband Sam recently welcomed a beautiful baby boy into their lives. Due to a birth complication, Rachel is cautioned against becoming pregnant again as another pregnancy can rupture her uterus and cause her to hemorrhage to death. Therefore, Rachel must use contraception in order to avoid another pregnancy. However, the cost of contraception exceeds Rachel and Sam’s monthly budget and they cannot afford it. Should they abstain from having sexual relations? Should they risk it? Should they even have to make such a choice, when the decision is between life and death?
Why Your Next Board Member Should Be a Woman
“A woman . . . is not better, wiser, stronger, more creative, or more responsible than a man. Likewise, she is never less.”
Imagine the following: you are sitting, cap in hand, among the selected honor students at your college graduation. You can’t help but think back to four years ago when you made the decision to sacrifice employment to pursue a college education. You then recall the entire summer you spent preparing for the SATs, the countless hours of studying in the library, and the extensive time you devoted to participating in extracurricular activities. Now imagine that after graduation you are offered an interview for your dream job but when you get there, the human resources director tells you “I just can’t hire you, honey, even though you are more than qualified. If I put you on the floor with all those men, I would never get any work done.”