Iowa Woman Proves Gender Discrimination Based on Sex Stereotypes

Earlier this year, Walmart, one of the nation’s largest private employers, agreed to pay a former female employee working in Ottumwa, Iowa, $60,000 and to provide training regarding sex discrimination to managers. The EEOC, on behalf of the employee, sued Walmart when the female employee had been passed over for a promotion to manager because store management assumed that, because the employee had young children at home, she was not interested in advancing her career.

In a press release, the EEOC stated, “Sex discrimination includes discrimination against an employee because of sex-based stereotypes, such as the stereotype that mothers are unreliable or uncommitted employees.” Judge Stephanie Rose, Chief Judge of the Southern District of Iowa, had previously refused to dismiss the case stating, “The ‘pervasive presumption that women are mothers first, and workers second’ is among the sex stereotypes Congress has explicitly identified as impermissible.” (citing to prior US Supreme Court decision).

While women are increasingly entering the workforce, they often face barriers to advancement in their careers. One of those barriers is known as the “Motherhood Penalty.” Studies have shown that mothers earn about 5% less per child than others performing the same work. Fathers do not face this same wage disparity. In fact, all women of childbearing age are penalized at work because of the assumption that they will have children. These barriers are a result of gender stereotypes only, as there is no evidence suggesting that mothers do not perform equally to others at work. Overcoming and eliminating the “Motherhood Penalty” should be a priority for all employers.

At Ann Brown Legal we represent women who have been discriminated against at work because of their gender. This includes women who have been discriminated against based on stereotypes about employees who are mothers. If you believe that you have been a victim of workplace discrimination, please call us to discuss your concerns at (319) 866-9277.

Iowa's Women Coaches Are the Best in the Country. They Deserve Equal Pay for Equal Work

The Iowa Women’s basketball team has the entire country captivated with their talent, grit and skillful play. What could possibly be disappointing about this season? Only one thing. The coaching staff—the masterminds behind it all—are grossly underpaid compared to the coaching staff for the men’s basketball team.

Lisa Bluder’s contract provides for a guaranteed $1.4 million annually, while Fran McCaffrey, the men’s coach, is guaranteed $3.3 million a year. Jan Jensen, the associate head women’s coach who, by all accounts, is one of the best assistant coaches in the country, earns $255,000 annually and assistant coach Raina Harmon earns $165,000. Meanwhile, men’s assistant coach Sherman Dillard earns $298,619 annually, Matt Gatens earns $277,500 and Courtney Eldridge earns $267,200. U of I salaries.

Lisa Bluder has been at the University of Iowa for 24 years and has gotten her team into the NCAA tournament an astonishing 17 times! She is a three-time Big Ten coach of the year, a Naismith Award winner and has coached the Hawkeyes to back-to-back Final Fours.

The gender pay gap is widespread across the entire workforce, but it is highlighted in the continuing disparities between male and female coaches. This pay discrimination has been challenged in court on multiple occasions. In 1994, Marianne Stanley, the women’s basketball coach at USC, sued the college under the Equal Pay Act because she was paid substantially less than the coach of the men’s team despite the success of her program. At the time, the court concluded she did not perform equal work to the men’s coach, because men’s basketball was simply more popular and, therefore, the men’s coach had more responsibilities. Ignoring the fact that I completely disagree with the court’s reasoning, that certainly can’t justify the pay difference for the coaching staff at Iowa now. The Iowa women sold far more tickets this year than the men’s team and for a higher average price. Women’s basketball on Fox is averaging more viewers than men’s basketball, and it’s reasonable to assume that holds true for other networks.

But times are changing. Even if it is at a glacial pace. In 2017, Jane Meyer, a senior associate athletic director sued the University of Iowa alleging gender discrimination within the athletics department, including that she was paid less than a male athletic director with the same job. A jury agreed with Meyer and awarded her $1.43 million in damages.

Women in the US still earn about 83 cents for every dollar earned by men for performing EQUAL WORK. The pay gap for black women is even worse at 70 cents on the dollar. This is 61 years after the enactment of the Equal Pay Act. Equal pay is important for all women, not just coaches. The gender pay gap persists among women of all educational and achievement levels.

The University of Iowa, with the national audience they now enjoy because of women’s basketball, should be a leader in closing the gender pay gap. Other universities have done just that. Kim Mulkey at LSU earns $3.26 million per year compared to the men’s basketball coach who earns $2.7 million. South Carolina Coach Dawn Mulkey earns $3.1 million annually, which is much closer to the $3.7 million paid annually to the men’s coach.

It is well past time for men’s and women’s basketball coaches to be paid equally. Not just the head coaches, but the assistants too. They are doing Equal Work. They deserve Equal Pay.

What Iowa's New Trucking Accident Law Means for Injured Iowans.

Semi-truck crash

There are approximately 2,200 Iowa accidents involving semi-trucks and 32% of trucking accidents result in an injury. It is far more frequent for a driver in another vehicle to be injured in an Iowa truck accident than it is for the driver of the semi. (Data found here). Iowa trucking accidents often cause serious injuries or deaths.

In Iowa, someone who is injured in a trucking accident that is not their fault can file a lawsuit against the negligent driver. The family members of someone killed in a trucking accident can also file a lawsuit. But in 2023, the Iowa Legislature changed the law that applies to Iowa trucking accidents. Iowa was the first state in the nation to place a cap on damages that can be awarded when a negligent truck driver causes a crash. Senate File 228 limits non-economic damages at $5 million. Non-economic damages include damages for pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering and loss of consortium. It does not include damages for medical bills, lost wages or decreased value to the Estate.

There are exceptions to this damage cap. The limit does not apply if the negligent driver was under the influence of drugs or alcohol at the time of the crash, did not have a commercial driver’s license, was illegally using a cell phone or other electronic device, was speeding more than 15 mph over the speed limit or was illegally transporting drugs, alcohol or people.

Also, the new law limits when an injured person or their family can sue the employer of the driver for negligent hiring or supervision.

If you have lost a loved one as a result of an Iowa truck accident or you, yourself, have been injured in an Iowa truck accident, you should consult with an Iowa personal injury attorney to discuss your rights, including this new law. Ann Brown Legal has experience representing Iowa trucking accident victims and we would be happy to speak to you about your potential case. Please call (319) 826-2250.

When will there be nine? Thank you RBG for getting us here...but we still have a ways to go.

I had just gotten home from work and my husband sent me a text that Ruth Bader Ginsburg had died. I cried as though I had lost a friend, a mentor, a family member, but I had never even met RBG. I was scheduled to meet her this last summer at the 8th Circuit’s women lawyer’s conference . . . but being that it is 2020—the year where everything goes wrong—the conference was cancelled due to COVID.

A lot of women (and men) felt a very personal loss at the death of RBG. I think it’s because she did so much for us and now, we will never be able to thank her. She dedicated her life to a fight for all women and thinking about that, quite frankly, makes me feel small. Ruth brought us this far, but there is still a long way to go.

When Ruth started law school, she was 1 of 4 women in her class and each were required to explain why they were deserving of their spot over a man. My law school class was 50% female—that is progress. Female law students in my class were told by the career services department that they should wear skirts to all of their interviews to increase their chance of being hired and to never ask about a firm’s gender equity practice or maternity leave. There is still a long way to go.

Even though Ruth graduated at the top of her class, no law firm would hire her. I had no problem getting a job after law school—that is progress. During my first big case as a lawyer, out-of-state co-counsel refused to learn my name and repeatedly called me “Sweetheart.” I was often asked to get coffee or take notes during meetings. There is still a long way to go.

A recent study by the American Bar Association showed that women lawyers are much more likely to be interrupted than male lawyers. And one would think that by the time you made it to the Supreme Court, female justices would no longer have to endure this slight . . . but sadly, a review of Supreme Court arguments shows that the three female justices were interrupted much more frequently than the male justices.

Ruth became a lawyer four years before the Equal Pay Act was passed making it illegal to pay women less than men for performing equal work. Women were earning 59 cents for every dollar earned by men. Today woman earn 77 cents for every dollar earned by men performing the same work. In 57 years, we have gained 18 cents. We haven’t even managed to cut the deficit by half. If you think women lawyers are spared this inequity, think again! Women law partners earn 56 cents for every dollar earned by their male counterparts. There is still a long way to go.

RBG called out discrimination against women in all of the corners where it was hiding. We take for granted that women are equal to men under the law, but that wasn’t the law before Ruth. How can we show our gratitude for an icon who gave so much to all of us? There is only one way. We must pick up the fight where she was forced to lay it down. It is a sad reality that I will not see gender equity in my time, but that can’t dissuade me from moving forward. One day my daughters will have to pick up the fight.

WE KEEP MOVING FORWARD UNTIL THERE ARE NINE.

Help for Women Owned Business Community During Coronavirus Outbreak

Times are tough right now. People are scared—myself included. My heart has been with those who are sick and those who have lost loved ones. My heart has also been with all of the employees and small businesses suffering from the economic and financial consequences of this outbreak. I especially have been thinking about our community of women-owned businesses. There are some resources that are available for small businesses and self-employed, both at the federal and state level.

Small Business Grants: Iowa is offering small business grants from between $5,000 to $25,000 for qualifying small businesses that have two or more employees and meet other eligibility requirements. The deadline for applying for one of these grants is soon on March 31, 2020. Apply for a grant here.

Iowa is also offering grants for Targeted Small Businesses that are single owner with no employees (that is a lot of women owned businesses!). These grants range between $5,000 and $10,000 and the deadline for filing an application is April 10, 2020. Apply for a grant here.

Small Business Loans: The Cares Act has passed in the Senate and is expected to pass in the House and be signed by president soon. Most people know about the direct payments to individuals but also included in the Act are provisions to help small businesses. One of the key provisions provides for forgivable loans through the Small Business Administration. These loans would have an interest rate of less than 4% and the principal of the loan that was used for certain expenses, including payroll and rent, would be forgiven. Loan forgiveness will be reduced if the employer lays off employees. Some self-employed individuals also qualify for this loan program. Loans can be scary for small business owners, but if you make sure you qualify for loan forgiveness this program could be a huge benefit for small businesses. In reading the Act, it looks like these loans are obtained through private lenders who already offer SBA loans so contact your bank about applying. There is also additional information about SBA loans and approved lenders on the SBA website found here.

Unemployment Benefits: The Care Act expands unemployment benefits to some people who are self-employed who were not previously eligible for unemployment benefits. There are eligibility requirements, including that the unemployment is a result of the Coronavirus outbreak. Unemployment benefits have also increased to provide near full-pay or full-pay for many employees and some eligibility requirements have been waived. For small employers, the fees usually paid by employers for laying off employees are being waived. If you are self-employed and not able to work, it may be worthwhile to apply for unemployment benefits, which can be done through Iowa Workforce Development here.

Tax Relief: The deadline to file and pay taxes for 2019 has been delayed by 90 days. I am not a tax attorney, so I am not able to provide detailed information about other tax relief, but here are some of the highlights:

• Refundable payroll tax credit for up to 50% of payroll taxes paid for employees that are not laid off during the crisis. This is to encourage employers to continue to employ and pay employees.

• Payroll tax payments can be delayed.

• There will be fewer limits on the Net Operating Loss a business can claim, and a business may be able to carry back a Net Operating Loss this year to prior years.

  Contact your tax adviser for more information.

I know the dedication that goes into being a small business owner. I see the passion, drive and sacrifice from our women-owned business community. I want all women-owned businesses to get through this tough time and I hope this information helps you! This community will be back to being the innovative, caring, dedicated economic powerhouse that we were before this crisis. As always, we’ve got your back, friends.

I hope this information helps you. It is not intended to be legal advice or to replace the information and advice you receive from your attorney.

Understanding the Individual Impact of Sexual Harassment

We write often on this blog about our beliefs as a law firm about believing and supporting individuals who have experienced sexual harassment. Sexual harassment can impact much more than your work environment and making the decision to take action against it can be difficult. It may be helpful to consider the ways in which those who experience sexual harassment are affected. If someone you love is being harassed, it could be easier to support them when you understand what they’re going through. Or maybe you’re interested in learning about why movements like the #MeToo Movement are gaining momentum and relevance in Iowa, and in the country as a whole. While sexual harassment is a product of a greater social issue, the effects of sexual harassment in terms of the individual can be profound.

If someone is being sexually harassed, it will often affect their performance and environment in the workplace. Sexual harassment can create an extremely negative work environment. The individual may find themselves feeling angry, embarrassed or scared while working. This can lead to avoiding shifts at work or taking PTO to avoid the harassment. It could have a negative effect on furthering education or advocating for a raise or a promotion, as those being harassed are less likely to feel comfortable and safe advocating for themselves. Many individuals will consider quitting work, which can cause further emotional and financial strain. 

Sexual harassment often affects individuals outside of the office as well. In their personal life, identifying and addressing sexual harassment can cause a lot of stress. This can have negative effects on both physical and mental health.  It can cause mental health problems like anxiety, depression, or even PTSD. It can also exacerbate previously existing issues like substance abuse. This stress can also manifest physically in the body, with symptoms like headaches, sore muscles, or issues with sleeping and fatigue. It’s important to keep in mind that the effects can last even after the sexual harassment has ended and can cause strain and conflict on interpersonal relationships. 

Sexual harassment is a complex issue that can take many forms and it can be easy to feel isolated. It’s important to remember that if you or someone you love is experiencing sexual harassment, you are not alone. There are resources to help. If you’re unsure whether you’re being treated fairly at work, you can read our blog post here. If you’re interested in learning about the current state and impact of sexual harassment in the U.S., you can check out the Institute for Women’s Policy Research. You can also find more resources on RAINN and the National Sexual Assault Hotline. 

If you have questions about your case or need a sexual harassment lawyer, please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

A Safe and Merry Holiday Season: Avoiding Defective Toys

Now that the holiday season is upon us, there are lots of reasons to buy gifts for your loved ones. As you’re purchasing toys for the little ones in your life, it’s important to make sure that you are keeping those in your care safe! Here at Ann Brown Legal, we work with parents when their children are injured. It’s important to think of the many ways children can be injured in the day-to-day, including when they’re having fun! As you’re buying for those that are close to you around this holiday season, be mindful of the gifts you choose.

According to the Consumer Product Safety Commission, over 225,000 children were injured in 2018 by their toys.  As you’re buying toys, there are a few things you can do to screen the products keep your children safe. One general guideline is checking the age appropriateness on the packaging. If you’re buying for especially young children, you should check to see if there are any small parts of the toy that might be swallowed. Check the labels for approval from the Consumer Product Safety Commission or the American Society for Testing and Materials, and check if the toy company has published any warnings. 

You can also be knowledgeable about past cases of recalled hazardous toys. Toys in the past and present have been recalled for a variety of reasons, though there are some common themes in the ways toys have caused significant injuries or death. One mistake made by companies is including toxic chemicals in the toys that are poisonous when ingested (like in the Aquadots toy case.) Buckyballs became famous for it’s hazardous magnets, as magnets can cause significant injury when swallowed. Other common themes are related to heat: for example, early Easy-Bake Ovens were recalled for getting too hot, and some iterations of the Hoverboard were recalled for bursting into flame. (If you want to know about toys which have recalled recently, you can click here for a list of recalled items for 2019.)

As with other personal injury cases, you must prove that the other party (the toy company, in this case) was at fault. If your child has been injured by a toy, it can be difficult to sue the manufacturing company for compensation, as you have to prove negligence. You must prove that the toy you purchased was either defective, improperly designed, or didn’t include sufficient instructions for use or to keep your child safe. 

If your child has been injured by a defective toy and you need a personal injury lawyer, please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.