Archive for the 'Judith Lichtman' Category

Keeping “Wellness” from Turning into Discrimination

Published on May 8, 2013 in Health Care, Judith Lichtman, Reform and Workplace Fairness. 0 Comments

Judith L. Lichtman, Senior Advisor

Today, I had the honor of testifying before the U.S. Equal Employment Opportunity Commission (EEOC) on a topic of critical importance to our nation’s workers: employer wellness programs. These programs can offer women and families meaningful avenues for improving and maintaining their health. And, as part of the Affordable Care Act, employers will soon have new incentives to establish them. But they can also open doors to discrimination.

Employer wellness programs are aimed at promoting healthier lifestyles and improving health outcomes by encouraging health-related activities like signing up for gym memberships, taking health education classes, getting health risk assessments and more. They come in two basic forms: “participatory” wellness programs, which are available to employees regardless of a person’s health; and “health-contingent” wellness programs, which are tied to certain health benchmarks or targets. It’s the latter that cause concern.

There is no one-size-fits-all approach to individual health, wellness and life circumstances, and employer wellness programs must reflect that. That’s why they should be voluntary, carefully designed, and not tied to health indicators. Groups like women, older adults and racial minorities experience significant health disparities. Tying wellness program penalties to their health situations can cause them disproportionate harm and, as I argued today, violate nondiscrimination laws.

Health-contingent wellness programs that increase health care costs for certain workers aren’t about wellness; they are about shifting costs to working people, especially those with health problems. And there’s no scientific evidence that shows they do anything to improve health outcomes. That’s why the National Partnership is recommending that the EEOC:

  1. Issue specific and thorough guidance to employers to inform them of best practices in designing and implementing wellness programs, as well as potential legal implications;
  2. Engage in outreach and education to employers to help ensure compliance with nondiscrimination laws;
  3. Enforce the law by challenging employer wellness programs that are discriminatory; and
  4. Work with other agencies – including the Departments of Treasury, Labor, Justice and Health and Human Services, and the Office of Personnel Management – to provide the assistance employers need to prevent discrimination in the implementation and regulation of employer wellness programs.

At the National Partnership, we know that access to affordable, quality health care is essential for women and families. We also know the importance of ensuring people can work free from discrimination. Today, I made clear that, with proper oversight, wellness programs can do both: They can help women and families achieve meaningful improvements in their health, without running afoul of our nation’s civil rights laws. We will do all we can to ensure this happens.

You can read my full written testimony here.

After Four Years, It’s Time for Concrete Action – An Executive Order from President Obama – to Help Reduce the Wage Gap

Published on January 29, 2013 in Judith Lichtman and Workplace Fairness. 0 Comments

Judith L. Lichtman, Senior Advisor

Four years ago today, President Obama signed the Lilly Ledbetter Fair Pay Act – a law that restored pay discrimination victims’ right to have their day in court. It was the first bill the president signed into law, and it has allowed women across the country to challenge unlawful discrimination when they receive a discriminatory paycheck.

The Lilly Ledbetter Fair Pay Act was a critical and necessary step to help combat pay discrimination. But much more remains to be done to help prevent the discriminatory practices that contribute to a wage gap that costs women, on average, 23 cents for every dollar paid to men. Fortunately, there are concrete proposals that Congress and the Obama administration can – and should – advance right away.

Legislation like the Fair Pay Act, which was introduced today by Senator Tom Harkin (D – Iowa) and Delegate Eleanor Holmes Norton (D – D.C.), would help to ensure equal pay for those who hold jobs that require comparable abilities, knowledge and skills. The bill is modeled on similar laws already on the books in a number of states.

The Paycheck Fairness Act, introduced last week by Senator Barbara Mikulski (D – Md.) and Representative Rosa DeLauro (D – Conn.), would also help reduce the wage gap. One critical provision would prohibit employers from retaliating against workers for discussing pay. Nearly half of the workforce is currently prohibited or discouraged from talking about pay with their coworkers, making it nearly impossible to identify and challenge discriminatory practices – and giving employers little incentive to comply with the law.

Lilly Ledbetter’s own experience provides a classic example. After working for 19 years as a supervisor at a Goodyear tire factory where there was a policy that prohibited employees from discussing their pay, she received an anonymous note telling her she was being paid less than her male coworkers with the same job. Goodyear’s policy allowed for discrimination with impunity.

If we are going to eradicate pay discrimination in this country, workers need to be able to discuss their pay without fear of losing their jobs. That is why, in addition to supporting critical legislation, we are calling on President Obama to address pay discrimination by issuing an executive order that ensures that employees of federal contractors can discuss pay without retaliation.

The federal government has an obligation to ensure that taxpayer dollars are not used to perpetuate unlawful pay discrimination. And the president made a point of including equal pay in the vision for the future of America he laid out in his inaugural speech last week.

The Lilly Ledbetter Fair Pay Act marked an important step on the road to fair pay. With an executive order, the administration should take the next step toward an economically secure future for America’s women and their families.

At Long Last, Preventive Care Will Be Affordable for All Women, Thanks to Health Reform

Published on July 31, 2012 in Health Care, Judith Lichtman and Reform. 1 Comment

Judith L. Lichtman, Senior Advisor

The Affordable Care Act is the greatest advance for women’s health in a generation, and tomorrow one of its promises becomes reality for millions of women, who will be healthier and better off as a result.

Tomorrow, on August 1, the Affordable Care Act will ensure that new insurance plans cover preventive health care without the cost sharing and co-pays that for too long have put these critical services out of reach for so many women.  This is one of the most tangible and meaningful benefits from reform.

Thanks to the Affordable Care Act, no longer will women go without birth control because they cannot afford the co-pays.

Thanks to the Affordable Care Act, no longer will women go without the HIV and sexually transmitted disease screening and testing that they urgently need.

Thanks to health reform, no longer will cost prevent pregnant women from being tested for gestational diabetes.

Thanks to health reform, no longer will cost prevent new mothers from getting the counseling, support and supplies they need to breastfeed their infants and give them a healthier start in life.

Thanks to reform, no longer will teens and adults at risk for domestic violence go without potentially life-saving screening and counseling.

It’s about time.

Already, the Affordable Care Act has covered women’s annual breast exams, mammograms and pap tests at no cost.  Tomorrow, the list of the law’s benefits expands dramatically as cost ceases to be a deterrent to the preventive care that millions of women need.  And soon, reform will outlaw gender discrimination in pricing – at long last.

It’s hard to believe that controversy still surrounds a law that is doing so much good, that there are those who still try to argue that it should be repealed or defunded.  As more and more benefits roll out, we should all focus on implementing the law and ensuring that all women – and all Americans – can access these critical advances.

To those who try to argue that repealing reform is right for the country or its families, I say this: You can’t talk fast enough, sow enough confusion, or in any other way deceive the women of America – and the men who care about them – any longer.  Better care for pregnant and nursing mothers; screenings for HIV, sexually transmitted infections, and domestic violence; and no-cost access to birth control and other preventive services will make women and our country healthier.  And starting tomorrow, we have the Affordable Care Act and its champions to thank for that.

The Affordable Care Act improves women’s health.

We Will Not Give Up on Fair Pay

Published on June 8, 2012 in Judith Lichtman and Workplace Fairness. 1 Comment

Judith L. Lichtman, Senior Advisor

This week, we saw deeply troubling evidence of just how partisan Congress has become. At a time when families and our economy are struggling, a minority of senators blocked a vote on the Paycheck Fairness Act – legislation that would help eradicate wage discrimination and unfair pay for women, which punishes the nation’s families. These senators tried to justify their actions with the worn-out, empty claim that such legislation would burden businesses. They failed to acknowledge provisions designed to help businesses and the simple fact that employers that do not discriminate would be entirely unaffected by bill. More importantly, they failed to put the needs of families first.

Wage discrimination should not be a partisan issue. Not only does it violate the core American values of fairness and equality, but it also hurts our economy and women and families no matter their race, geographic location, socioeconomic status or political affiliation. By failing to advance the Paycheck Fairness Act, Congress has shown its inability to pass the common sense legislation the whole country needs.

But we will not give up on the fight for fair pay. Not when women in this country, whose wages are increasingly important to their families, are still paid only 77 cents for every dollar paid to men. And not when women of color experience even greater disparities.

The wage gap costs America’s women and their families months’ and years’ worth of basic necessities like food, gas and utilities each year. For the nearly 15 million households in the United States that are headed by women, and the nearly 30 percent of them living in poverty, that kind of loss is no small matter – and it is unacceptable.

Sunday is the anniversary of the Equal Pay Act, a landmark law designed to stop wage discrimination against women. When it passed, women were paid just 59 cents for every dollar paid to men. Forty-nine years later, we have gained only 18 cents. It is time to update and strengthen the law, and that is what the Paycheck Fairness Act would do.

Watching the appalling way politics once again trumped women and families this week was deeply disappointing, but too much is at stake to give up on our fight to stop wage discrimination. We will not rest until the country roots out the practices and policies that keep women from being paid fairly. We will pass the Paycheck Fairness Act and the family friendly policies the country needs.

 

Watch Judith Lichtman take on fair pay opponents on C-SPAN’s Washington Journal.

Time for Concrete Action to Stop Discrimination Against Pregnant Women and Caregivers

Published on February 15, 2012 in Judith Lichtman and Workplace Fairness. 1 Comment

Judith L. Lichtman, Senior Advisor

Today, I was honored to join a distinguished group of scholars, advocates, government officials, and legal and policy experts to discuss an issue of critical importance to working women and families in this country: discrimination based on pregnancy and caregiving.

The meeting was held by the U.S. Equal Employment Opportunity Commission (EEOC), and it focused on the latest research on these persistent forms of discrimination, enforcement of laws that prohibit discrimination, and actions employers and government officials can take to better protect pregnant workers, caregivers and families. It was on this last point that I focused my remarks.

The National Partnership has long been an advocate for pregnant women and caregivers in the workplace. We worked to pass the Pregnancy Discrimination Act, the Family and Medical Leave Act (FMLA) and many other critical laws, and we continue fighting for anti-discrimination laws and policies today. 

With good reason. Sadly, discrimination against pregnant women and caregivers is on the rise. So today, we urged the administration to aggressively address the issue by creating a multi-agency task force that can address critical gaps in research, outreach, education, policy development and enforcement.

This complex and pernicious type of discrimination needs a well-coordinated and comprehensive response. And the EEOC, U.S. Department of Labor (DOL), U.S. Department of Justice (DOJ) and the Office of Personnel Management (OPM) can all take concrete steps to strengthen their anti-discrimination work. Today’s EEOC meeting shows a commendable commitment to doing so.

The National Partnership made these specific recommendations:

  • EEOC should provide guidance and best practices for avoiding discrimination against pregnant workers and caregivers, in addition to training investigators to better identify this kind of discrimination, utilizing its own authority to file charges, enforcing recent caregiver guidance and participating in court cases as subject-matter experts.
  • DOL’s Office of Federal Contract Compliance Programs should issue specific regulations and guidance on sex discrimination, and it should train investigators to identify both discrimination against pregnant workers and caregivers and violations of the FMLA.
  • DOL’s Wage & Hour Division receives thousands of FMLA complaints each year. More resources should be dedicated to enforcing this essential law. In addition, newly-updated surveys of workers and employers on the FMLA should be implemented, and data from past surveys should be carefully analyzed to assess needs.
  • We applaud the recent efforts of DOL Secretary Hilda Solis and the first lady to raise awareness about the FMLA’s military leave provisions. However, Bush-era regulations approved in 2008 made it more difficult for employees to take leave. These changes should be rescinded.
  • DOL should also enforce the new right to breaks for nursing mothers, because many hourly workers remain unaware of it.
  • DOJ enforces state and local government employers’ nondiscrimination obligations. It should prioritize action in pregnancy and caregiver discrimination cases.
  • And finally, OPM should ensure that the federal government is a model employer by implementing family friendly protections such as paid parental leave.

Working women and caregivers depend on equal opportunity in the workplace, and their families depend on them. We applaud the EEOC for bringing attention to this important issue, and we look forward to continuing to work with the administration to put an end to discrimination that threatens the economic security of our nation’s families. No worker should have to risk adverse treatment, lost income or loss of a job due to pregnancy, childbirth or family caregiving responsibilities.

Read my full written and submitted testimony here. 

Remembering a Major Step toward Equality in the Courts

Published on September 25, 2011 in Judges & Supreme Court and Judith Lichtman. 2 Comments

Judith L. Lichtman, Senior Advisor

Thirty years ago today, women and girls in every corner of the country watched with pride as Sandra Day O’Connor raised her right hand, took an oath and became the first woman justice on the Supreme Court. As a lawyer who has spent my entire career fighting for equality and justice, it was an extraordinary moment and, as it turns out, one that began an overdue march toward greater representation for women on our courts.

Today, nearly 46 percent of law school graduates are women – a significant jump from 32.8 percent 30 years ago. But it will be many years before some of those new graduates take their places on the bench. Of the more than 17,100 federal and state judges in this country today, only 26 percent are women.

The Senate’s failure to put aside partisan politics and confirm highly qualified judicial nominees is a big part of the problem. President Obama has nominated many strong candidates for the federal bench, including 71 women, but the confirmations of many have been stalled in the Senate. Currently, the confirmations of more than 18 women have been stalled. More than one in seven federal judgeships in the country – 103 positions – are or soon will be vacant. And 31 of them qualify as judicial emergencies.*

Last December, National Partnership President Debra Ness said it was time to sound the alarm on judicial vacancies. “Justice depends on having judges in place to enforce our laws, resolve disputes and protect the rights of those who face discrimination and violations of their rights,” she said. That remains true, and deeply troubling, because the intransigence in the Senate shows no sign of abating.

Unless it does, and unless senators routinely confirm qualified female and male nominees who have a deep commitment to equal justice under the law for women, people of color, workers, seniors, immigrants and everyone who faces discrimination, we will not fully realize the promise of that extraordinary moment 30 years ago – and equal justice will remain elusive.

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* Nominee and vacancy numbers updated November 17, 2011

220 Reasons That Paid Sick Days Campaigns Will Succeed

Published on July 22, 2011 in Judith Lichtman and Work & Family. 0 Comments

Judith L. Lichtman, Senior Advisor

Momentum and support for paid sick days policies in this country are growing like never before. Just last month, Connecticut passed the nation’s first statewide paid sick days bill, which was signed into law by Governor Dannel Malloy July 1st, and the Philadelphia City Council took a stand despite mayoral opposition by passing a paid sick days measure.

With the energy and activity around state and local paid sick days campaigns providing an exciting backdrop, the National Partnership and our ally Family Values @ Work brought together 220 advocates, policy experts, workers and business leaders from 23 states and Washington, D.C., for the 2011 National Summit on Paid Sick Days and Paid Family Leave. The Summit, held in Washington, D.C., on July 11th, included stimulating strategic discussions about the past, present and future of efforts to secure paid sick days and paid family leave for America’s workers.

From the opening plenary panel on the economic realities facing today’s workforce to a range of small group workshops, the Summit provided advocates, workers and businesses multiple opportunities to discuss new research, share creative ideas and best practices, and make their voices heard. The lively discussions and exchange of ideas among such a diverse group of supporters and advocates inspired all of us to redouble our efforts.

On the day of action that followed the Summit, participants shared their stories and enthusiasm with their members of Congress. In total, nearly 100 congressional offices heard about the need for the Healthy Families Act and the state paid leave fund proposed by President Obama. Congressional action on these policies would show working families that policymakers understand the conflicts they face every day trying to manage the dual demands of work and family.

Now that everyone is back home, we’re looking forward to seeing the great energy and momentum we felt in D.C. continue. In Seattle, where support is growing for an innovative paid sick days bill created through a partnership of advocates and business leaders, we could see progress by the end of the summer. In Denver, voters will cast their ballots on a popular paid sick days standard in November. And in Massachusetts, New York City, Philadelphia and elsewhere, promising activity continues.

With more victories on the horizon, fewer workers will have to choose between their health and their economic security. All of the advocates, policy experts, workers and business leaders who attended the Summit – along with the hundreds who couldn’t make it – are committed to ensuring that, very soon, no worker will have to make these impossible choices. With their energy and dedication, forward-thinking businesses, and savvy policymakers in support, there is no doubt we’ll get there.

To get the latest news on paid sick days efforts throughout the country and new research and resources on the importance of this basic labor standard, visit PaidSickDays.org. For more information on paid family leave, check out our paid leave research library.

View photos from the Summit here.

The Pursuit of Justice is Not Over

Published on June 20, 2011 in Judith Lichtman and Workplace Fairness. 2 Comments

Judith L. Lichtman, Senior Advisor

Today, the Supreme Court ruled that the women of Wal-Mart cannot proceed as a group as they challenge the company’s discriminatory pay and promotion practices. It was a disappointing day for the women involved in the case and for all of us who are fighting for fair pay and fair opportunities for advancement for America’s women.  But today’s decision is not the end.

The good news is that the Court’s decision was not about the merits of the women’s charges, only whether or not they could continue with the case as one group or class. On that question, the Court decided that the women of Wal-Mart did not have enough in common to bring a class action for claims of discrimination. Incredibly, the Justices relied on the fact that Wal-Mart has a written policy prohibiting discrimination, paired with individual managers’ discretion, to support its ruling. As all three women on the Court, led by Justice Ginsburg and joined by Justice Breyer, noted in dissent, the majority ignores the realities of how employment discrimination really plays out in the workplace. “Managers, like all humankind, may be prey to biases of which they are unaware. The risk of discrimination is heightened when those managers are predominantly of one sex, and are steeped in a corporate culture that perpetuates gender stereotypes.”

This setback means that the women of Wal-Mart will have to continue their pursuit of justice in smaller groups and through individual cases. After 10 years of fighting for their day in court, there is no doubt that many will continue to do so. Wal-Mart can now expect to deal with thousands of charges of discrimination nationwide.

These women have legitimate cases and Wal-Mart – as the nation’s largest private employer – must be held accountable. There is clear evidence that the company paid women less than men in every job category and that managers hand-picked employees for promotions based on a “good old boys” network. That is unacceptable – and it is against the law.

What is just as clear is that this opinion underscores the serious need for a federal law that will help prevent and remedy pay discrimination against women in this country.  America’s families rely more than ever on women’s incomes—which makes the need for fair pay all the more urgent.

Wal-Mart’s actions are part of a larger pattern of discrimination in this country. Women are still paid, on average, only 77 cents for every dollar paid to men. We hold only 40 percent of management positions and one out of six corporate officer positions.

Part of the reason pay inequity is so widespread is because employers know that under existing laws they won’t be held accountable for discrimination’s true cost. And most victims of pay discrimination don’t realize they’re being underpaid. Many employers, like Wal-Mart, discourage or prohibit their employees from discussing their wages with co-workers.

Fortunately, the Paycheck Fairness Act – re-introduced in Congress on Equal Pay Day this year – would close the loopholes in existing laws that make it easier for employers to engage in pay discrimination, protect employees who discuss or inquire about pay, and strengthen the penalties for employers who choose to break the law. If the Paycheck Fairness Act had been in place 10 years ago, many women in the Wal-Mart case would have been protected from the discrimination that they are challenging today.

The pursuit of justice for the women of Wal-Mart and women facing discrimination around the country is far from over. The Wal-Mart women will continue to challenge the company’s policies in the courts, and we will continue to call on Congress to pass the Paycheck Fairness Act and other measures to restore our civil rights protections.

Women need and deserve fair pay and fair opportunities for advancement. We will get there, in spite of today.

The Affordable Care Act at One

Published on March 25, 2011 in Campaign for Better Care, Health Care, Judith Lichtman and Reform. 0 Comments

Judith L. Lichtman, Senior Advisor

This week is the first anniversary of the Affordable Care Act – the greatest advance for women’s health in a generation.

This law is helping me, my 97-year-old mother, my daughters and granddaughter. It’s making care more affordable, more secure, and more responsive to women’s needs at all stages of our lives.

And it’s giving families the security they need to avoid financial devastation when illness strikes.

It saddens me that opponents are keeping up their relentless, baseless attacks instead of joining with us to make the health care system work for all of us.

I wrote a piece about it that’s running on Kaiser Health News. I hope you’ll read it and tell me what you think. Also check out our new fact sheets on the health reform law and how it affects women, older women and lower-income women.

And take a look at our Campaign for Better Care, which is doing incredible work to make sure reform is implemented in ways that will help the sickest, most vulnerable patients – who often are older women.

~ Judy

It’s Politics v. Science. Again.

Published on December 1, 2010 in Judith Lichtman and Reproductive Health. 1 Comment

Judith L. Lichtman, Senior Advisor

It’s a fact: Contraceptive use improves overall health. It enables women to plan and space their pregnancies. It has contributed to dramatic declines in maternal and infant mortality. And it has been a driving force in reducing unintended pregnancies and the need for abortion.

But things don’t always work out as planned. Emergency contraception (EC) is a safe, effective way to prevent pregnancy after contraceptive failure or unprotected sex, such as when women are sexually assaulted. Although EC is not a substitute for regular contraceptive use, it can help reduce unintended pregnancy if women are able to access it in a timely manner. At the National Partnership, we want EC to be accessible to all women who need it.  That’s why we’re so disappointed by a recent decision by the Food and Drug Administration (FDA).

Here’s some background: In 2006, after years of delay in making a decision on whether to make the emergency contraceptive Plan B available without a prescription, the FDA decided to limit over-the-counter sales to women ages 18 and older. It was a highly controversial decision because it directly contradicted an independent panel of experts who voted unanimously in 2003 that Plan B was safe for non-prescription use. That expert panel also voted 23-4 to recommend that Plan B be available without prescription or age restriction.

Thanks to a lawsuit filed by the Center for Reproductive Rights, a U.S. District Court finally ruled in 2009 that the FDA’s decision to limit access of Plan B was politically-motivated and scientifically-flawed. The Court ordered the FDA to lower the age limit and re-examine whether Plan B should be available to women of all ages without prescription.

However, the FDA merely reduced the age limit for accessing Plan B to 17 – and it recently announced that it does not plan to reconsider expanding its availability. Read the entire timeline here (link to RHTP timeline).

We are disappointed by that announcement. As FDA officials know, reproductive health services – including easy access to emergency contraceptives – are basic health services for women of all ages.

Politics should never get in the way of meeting women’s health care needs. Please contact the FDA and ask its leaders to make emergency contraception available without a prescription to women of all ages.

Unintended pregnancy does not discriminate- women of all ages need access to emergency contraception so they can prevent unintended pregnancy.

Take action today. Make your voice heard.