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.

Veteran's Workplace Rights

Veteran’s Day is this week! One way to celebrate is by knowing the rights of veterans at work after returning home. Veterans who have been disabled during service are entitled to certain protections under federal law: most notably through the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA.) While some veterans may find it difficult to request extra accommodations and support, we all have a right to a workplace that is safe and comfortable. Below is a quick introduction to your rights as a disabled veteran and employee.

Rights during the application and hiring process:

An employer may ask about your disability status, but you are not required to disclose this information (especially if you don’t require any special accommodations). If you are qualified for a position, they cannot discriminate against you on the basis of your disability. This means employers are not allowed to screen or disqualify candidates based on assumptions about the disability, but must assess you based on your experience and ability. The employer is not allowed to ask you questions about the details or circumstance surrounding your disability, even if your disability is immediately physically visible (amputations/wheelchairs etc.) They may, however, ask questions about your capability to handle certain tasks on the job, and whether you would need assistance in order to complete those tasks. 

Rights during employment:  You can ask for accommodations and support from your employer at any time, whether it be verbally or in writing. The ADA lists common examples of accommodation like changing the configuration of a work space (adding ramps or lowering shelving and desks), hiring interpreters or composing Braille training materials for the deaf or blind, and arranging special schedules or time off to attend treatment or therapy. If harassment occurs at the workplace (offhand remarks or teasing, being denied promotions, etc.) you could pursue a legal claim against your employer. If you don’t know if you’re being treated unfairly, read our blog post here about workplace harassment and discrimination.

While discrimination based on disability is illegal, it still happens far too often. For more detailed information about your employment rights as a disabled veteran, you can check out the Equal Opportunity Employment Commission. The Department of Justice’s American Disabilities Act also has in-depth resources to help you navigate your workplace and advocate for yourself. If you are an employer and want to know how to approach hiring practices ethically, you can also check out these resources. 

If you have questions about your employment rights or need a discrimination 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.

Iowa Supreme Court Clears Up Standards for Employment Discrimination Under Iowa Civil Rights Act

On June 9, 2019, the Iowa Supreme Court issued an anticipated ruling in the case of Hawkins v. Grinnell Regional Medical Center. For you legal junkies, you can read the opinion here. Gregory Hawkins, who was represented by my friend and fierce advocate for employees, Brooke Timmer, sued his former employer, Grinnell Regional Medical Center, after he was fired following years of dedicated service. Hawkins claimed he was a victim of disability discrimination and retaliation and a jury agreed, awarding Hawkins over $4 million in damages.

Many issues were presented on appeal, but the Iowa Supreme Court focused on just two. Unfortunately, the Court overturned the verdict and sent the case back for a new trial because of certain evidence that was admitted at trial. But in addition to that, the Court addressed the standards of proof that apply in most cases of employment discrimination.

The Court confirmed its long standing, but often challenged, holding that an employee can prove an employer violated the Iowa Civil Rights Act by showing that a discriminatory or retaliatory motive was a motivating factor or played a part in the employer’s action taken against the employee. Discrimination does not need to be the only reason for the employer’s action for it to violate the ICRA, it just needs to be one of the reasons. This reasoning has always made perfect sense to me because I think it is pretty clear that the legislature intended to prohibit racism, sexism, retaliation, etc. in its entirety and did not intend to allow employers to be just a little racist or a little sexist.

The Court also eliminated the application of the federal rules for proving that an employer discriminated against an employee, which were often confusing for juries . . . and judges and attorneys. Finally, the Court announced that employers are entitled to a “same decision” defense. This means that if an employee proves that discrimination or retaliation was a motivating factor or played a part in the employer’s decision, the employer is liable under the ICRA unless the employer proves that it would have made the same decision even without the discriminatory or retaliatory motive.

As an employment discrimination lawyer, I am looking forward to advocating for my clients under these clearer standards.

Iowa at the forefront of LGBTQ civil rights? How this little state in the middle of the country has led the way towards equality.

June is LGBTQ Pride Month!

Most Iowans know that Iowa was one of the earliest states to legalize gay marriage. 2019 marks the 10-year anniversary of the Iowa Supreme Court’s Varnum v. Brien decision in which the Court ruled that Iowa’s law prohibiting same sex couples from getting a marriage license violated the Iowa Constitution. This ruling made Iowa only the 3rd state in the nation to establish marriage equality and was six years before the US Supreme Court reached the same conclusion.

But a lesser known fact is that Iowa was also at the forefront of protecting the LGBTQ community from other types of discrimination. In 2007, the Iowa legislature amended the Iowa Civil Rights Act to extend its prohibition against discrimination to include discrimination based on sexual orientation and gender identity. The Iowa Civil Rights Act prohibits discrimination in employment, public accommodations, credit, housing and education. Iowa was the 19th state to include civil rights protections for gay people and only the 10th state to include protections for transgender people.

At Ann Brown Legal we are proud of Iowa’s history in standing up for the rights of LGBTQ individuals. All people deserve the right to work and support themselves and their families free from discrimination.

If you believe your employer (or a potential employer) has discriminated against you because of your sexual orientation or gender identity, please call us to discuss your rights at (319) 826-2250.

Happy Pride Month to all!

How Do I Know If I'm Getting Paid Fairly?

Whether you have recently been offered a job, given a raise, or are analyzing your wages compared to others, you may be wondering what a fair wage is for your position and the work you do. A number of factors decide what makes pay fair – including the work done, experience levels, etc. Certain legal criteria govern what employers must pay their employees.

Federal and State Standards

The federal government sets a minimum wage requirement, with certain exceptions for tipped employees and other types of work. The federal government also maintains provisions for overtime pay requirements for certain employees and situations. In addition, each state may set its own minimum wage and overtime laws.

Wage Theft

If your employer has refused to pay you for all the wages you’ve earned, this is called wage theft. This can occur when an employer does not pay you for activities and time that are integral to your work. These activities may include trainings, travel, overtime, etc. The Iowa Wage Payment Collection Act allows employees to collect back pay owed to them, and does not allow an employer to withhold such pay if they have a claim against that employee.

Fair Pay Among Employees

In Iowa, it is illegal for an employer to pay an employee less based on gender, age, religion, disability, sexual orientation or other specific factors. Many employers may not be transparent in sharing what other employees are making at your job. However, if you learn that other employees doing the same work you are doing, with commensurate experience, are being paid more, you may have a case and should contact a workplace discrimination lawyer.

Gender Pay Gap

A particularly common issue in fair pay is gender. The federal Fair Labor Standards Act prohibits discrimination in pay based on gender. Iowa employment law includes Iowa’s Equal Pay Act of 2009, which requires that women be paid the same as men, doing the same work. However, here in Iowa, women are still paid only 77 cents for every dollar a man is paid. While this is illegal, it often goes unnoticed or accepted, due to lack of transparency.

Benefits and Accruals

When considering your wages, don’t stop at the base pay, whether hourly or salary. Factor in your benefits, health insurance, retirement accounts, leave and sick time, stock options, and other accruals. If you are unsure whether you are being offered fair compensation and benefits, you should contact an attorney experienced with Iowa employment law.

Workplace discrimination lawyers are familiar with both employment law and recent cases. They can spot unfair wage practices and help you receive the compensation your work deserves. If you feel you have been paid unfairly, please contact us at (319) 826-2250 or fill out our contact form.

How The #MeToo Movement Reinforces The Importance of Civil Justice for Victims of Sexual Assault and Harassment at Work

Image from CNN.com

On November 27, 2018, more than 20 million people watched the testimony of Dr. Christine Blasey-Ford and Supreme Court nominee Brett Kavanaugh. Dr. Blasey-Ford offered compelling and emotional testimony detailing a sexual assault she suffered at the hands of Brett Kavanaugh when the two were in high school. The nation has watched wondering whether a man accused of sexual assault will be put in one of the most powerful positions in the country.

The Nation has also watched as Dr. Blasey-Ford, who courageously came forward with her story, has been challenged, disbelieved and even mocked. But Dr. Blasey-Ford has also inspired many victims to come forward with their stories and has brought much needed attention to the treatment of victims of sexual assault and harassment. For too long, victims are subjected to ridicule instead of respect when they come forward, while perpetrators have suffered little to no consequences. Rape is the most under reported crime in this country, with 63% of sexual assaults going unreported. The #MeToo movement has brought much needed attention to sexual assault and harassment but it remains to be seen if it will lead to lasting change.

Sexual assault and harassment in the workplace are often about power and for that reason, sexual harassment lawyers know that too often these acts go unreported. One in five women will be raped in their lifetime and 8 percent of those rapes will occur at work. And while there are a long list of reasons that prevent victims from coming forward, the law protects victims of sexual harassment and assault in the workplace. Both the Iowa Civil Rights Act and Title VII (the Federal Civil Rights Act) have anti-retaliation provisions that make it illegal to retaliate against employees who make complaints about sexual harassment and sexual assault. An employer cannot demote (or refuse to promote), fire or reduce the pay or responsibilities of an employee because the employee complained about sexual harassment and assault.

In addition to the employment laws already in place that protect victims who report, both the Senate and the House have proposed legislation aimed at further combating workplace sexual harassment and assault. The Empower Act, H.R. 6406, is described as an Act “to deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment.” The Act is sponsored in the Senate and in the house by both Republican and Democratic women legislators. If passed, the Empower Act would prohibit employers from requiring employees to sign non-disparagement or confidentiality agreements as a condition of employment if the agreement would prohibit employees from discussing sexual harassment or assault.

While retaliation has long been illegal, and nearly every employer knows they are not permitted to retaliate, as a sexual harassment attorney, I have represented many clients who have been retaliated against. We have learned from cases like those involving Roger Ailes and Harvey Weinstein that widespread sexual harassment and assault can go unreported for YEARS because of fear of retaliation.  If you or someone you know has been retaliated against by your employer for reporting sexual harassment or assault or if you are afraid to report sexual harassment or assault in your workplace, you should speak with a sexual harassment attorney.

As a sexual harassment attorney, I find that one of the most powerful things I can do is believe in our clients. We believe victims. Oftentimes in these cases, we will do what an employer failed to do and investigate and substantiate the stories of victims of sexual harassment and assault. This allows us to be their best advocate.

If you have been sexually assaulted or harassed at work or are currently being sexually harassed or assaulted and would like to discuss your options, please call us at (319) 826-2250.

Your Protections in a Right to Work State

In 1947, Congress passed the Taft-Hartley Act, which gave states the right to restrict the power of unions within their states. Since then, many states have passed right to work laws. Iowa is currently a “right to work state.” In these states, an employee is not required to join a union nor pay union dues, even when his or her workplace is unionized. There is a lot of controversy surrounding right to work laws because many employees feel these laws are designed to undermine the power of unions and thus the power of employees to collectively negotiate higher pay and better working conditions. While these laws may not benefit employees overall, they generally do protect employees from certain conduct, as set out below.

Your Rights

Right to work laws restrict a company and union from negotiating a contract that requires all employees to join the union and pay dues. This means that an employer cannot discriminate in hiring based on union membership or union dues paid or unpaid. This also means that they cannot prohibit an employee from joining a union. Furthermore, an employer cannot deduct union dues from an employee’s wages against that employee’s will.

Exceptions

The federal Railway Labor Act supersedes state right to work legislation. Railway and airline employees may be required to pay union dues, depending on the bargaining agreements of their employer and the respective union. While railway and airline employees may have to pay union dues, they may not be compelled to participate in meetings or other union events.

Right to Work States

To date, about half the states and territories of the United States, including Iowa, have right to work laws on the books, through legislation or constitutional provision. However, as debates about right to work laws emerge and new laws are passed, these can be influx. If you feel that an employer has been in violation of a right to work law, you should research your own state’s current laws or contact a local employment lawyer.

Background in Iowa

The current law protects an employee’s right to join a union as well as refusal to join and makes it illegal for an employer to discriminate against an employee for being a member of a union or alternatively refusing to join a union. It makes any contracts that would restrict employment of those who refuse to join a union unlawful. It also states that union dues cannot be a prerequisite of employment. Finally, it makes deducting union dues from wages, without written consent of the employee, unlawful.

Common Misconceptions

The name “right to work” can be misleading. These laws do not ensure employment for anyone who wants to work. They also do not prohibit employment termination for any particular reason. Rather, they narrowly and specifically protect an employee from being compelled to participate, or not, in a union as a condition of employment.

If you need a lawyer to represent you, please call us for a free consultation at (319) 826-2250 or fill out our contact form.

How Does The Family Medical Leave Act Protect Me?

The Family and Medical Leave Act was enacted in 1993 to give eligible employees unpaid, but protected, time off in the event of certain emergencies or other family related matters. The FMLA guarantees that in these circumstances an employee can not be laid off or fired if he or she needs to take this time off.

What Does the Law Provide?

The law provides up to 12 weeks of unpaid time off in a 12-month period, but with all eligible benefits, such as health insurance, in place. It also protects an employee from being fired if he or she needs to make use of this time off.

If the family member, or employee, is a member of the U.S. armed services, the protected time off extends to 26 weeks in a 12-month period.

When Can This Leave Be Taken?

In general, FMLA can be taken when you or an immediate family member is facing a serious illness and need care. Immediate family members are defined as parents, children, or spouse. In 2005, the law was extended to include same-sex unions as part of the definition of spouse.

This leave can also be taken at the birth or adoption of a child or the placement of a child into foster care into one’s home.

Who Is Eligible?

The law protects those who work for a private employer with 50 or more employees, within 75 miles of where you work, or those who work for a government employer. The employee also needs to meet certain criteria. For instance, he or she needs to have been employed for the last 12 months (or 12 months in less than 7 years, if seasonal). He or she needs to have worked 1250 hours in 12 months or about 24 hours a week.

What If I’m Not Eligible?

If the specific criteria listed by the Family and Medical Leave Act does not apply to you, you may still be protected by state or local laws, or your employment contract. You can check with your Human Resources department or state labor laws for specific information.

When you need to take leave protected under the FMLA, you should give your employer as much notice and information as you can, to ensure that your rights are protected. However, if you have made your employer aware of your situation and your rights are being compromised, we may be able to help.

 If you need a lawyer to represent you, please call us for a free consultation at (319) 826-2250 or fill out our contact form.