Tag Archives: EEOC

Due Protections: The Pregnancy Discrimination Act at 40

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Ruth Bader Ginsburg in 1977. Photo: Lynn Gilbert

Today, Susan Struck’s political positions are nothing that would stick out in a red state like Arizona. A few years ago, she joined the chorus of support for the once-threatened A-10 fighter jet program at Tucson’s Davis-Monthan Air Force Base. In a 2010 article on immigration, a writer noted her concerns about automatic citizenship for U.S.-born children.

Despite the rightward tilt that would be assigned to her views today, Struck was once at the center of a fight for reproductive justice, a cause taken up by a young Ruth Bader Ginsburg, back when “The Notorious RBG” was still a lawyer for the ACLU. It was that fight that led to Ginsburg’s involvement in the writing of the Pregnancy Discrimination Act of 1978, a landmark piece of legislation that turns 40 this month.

Despite 40 years of protections, pregnancy discrimination hasn’t gone away.

Now retired in an Arizona ranch community, Struck first arrived in the Copper State at the end of the 1960s, when she enlisted in the U.S. Air Force and was stationed at Davis-Monthan. She told Elle in a 2014 interview that she reveled in her newfound independence from the family and church she left in Kentucky. “She went on the Pill and stopped attending confession,” the article recounts, and she spent her free time enjoying her sexual freedom and the chance to experience Tucson’s foothills in a newly acquired Camaro.

Still, Struck wanted more excitement, so she asked to be sent to Vietnam. She was assigned to Phù Cát Air Force Base, where she quickly hit it off with an F-4 pilot — and ended up pregnant. Struck understood that the Air Force gave officers in her situation two choices: get an abortion or be honorably discharged. It was 1970 then, still a few years before Roe v. Wade, but the armed forces had made abortion legal ahead of civilian society. Continue reading →

Brothers in Arms, Part 3: White Supremacy and the War on Abortion

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This article is our third installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion. Previously, this series explored the first years after Roe v. Wade, when a fight to preserve school segregation brought together Christian conservatives, who then took on the issue of abortion. This installment examines the connections that developed later between racist groups and the anti-abortion movement in the 1980s, which fed a growing extremism that escalated in the following decade.

KKK members picket Carter campaign office in Alabama, September 1, 1980. Photo: Atlanta Journal-Constitution, courtesy of Georgia State University

The U.S. entered the 1980s with a new political force at work, one that had proven its strength by playing a role in the landslide defeat of incumbent President Jimmy Carter and the election of Ronald Reagan. The religious right had been slow to coalesce in the 1970s, but when it finally did, it became a power that shaped national politics.

What had taken time was trying out — and then abandoning — issues like school prayer and pornography, hoping to find the political lightning bolt that would unite and energize the religious right. When they finally did find their compelling issue, the religious right had a problem: It wasn’t one they could use publicly.

During the Reagan years, there was ample crossover between white supremacist and anti-abortion groups.

Beginning in the 1960s, the South was dotted with private Christian schools that provided white Southerners, many of whom were wary of racial integration, with an alternative to the public schools that were undergoing desegregation. But by the 1970s, those private schools were under attack, coming under the scrutiny of both the IRS and the Equal Employment Opportunity Commission (EEOC) for their admissions and hiring policies.

The issue brought together key figures in the religious right, like Jerry Falwell, Bob Jones, and Paul Weyrich, and they made it their mission to defeat Carter’s reelection bid, hoping the next president would put the IRS and EEOC on a shorter leash. But to build their movement publicly and nationally, they needed an issue that would stir a broader base of sympathy, branding them as believers instead of bigots. They picked abortion — namely, demanding a constitutional amendment to outlaw it — and they enjoyed a resounding success. Carter refused their demands and lost. Reagan, the candidate they endorsed — and whose party supported their demand in its official platform — won by one of the largest margins in history. Continue reading →

“You Have No Idea How Important This Is”: Anita Hill’s Testimony and the Arizona Attorneys Behind the Scenes

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Anita HillWhen Justice Thurgood Marshall announced his retirement from the U.S. Supreme Court in the summer of 1991, it didn’t bode well for women. Marshall, the first African American appointed to the court, was best known for his expertise and influence on civil rights law, but he had also been a defender of reproductive rights during his tenure in the nation’s highest court. He was among the court majority that legalized abortion in Roe v. Wade, and he again stood up for abortion rights in two later cases, Harris v. McRae and Webster v. Reproductive Health Services.

The impact of Anita Hill’s testimony went beyond the question of Clarence Thomas’ appointment.

Marshall’s decision to leave the Supreme Court was announced during the presidency of George H.W. Bush, who had campaigned on an anti-abortion platform in his 1988 presidential bid. Predictably, Bush used the opportunity to replace Marshall with a more conservative judge. At a press conference on July 1, 1991, President Bush named Clarence Thomas, who was then one of the few African-American judges on the U.S. Court of Appeals, as his nominee.

Thomas had only served 19 months as a federal judge and, at 43, was relatively young for an appointee. Of the justices currently serving, he was the youngest at the time of appointment. Nonetheless, he had a record of statements and judgments that was enough to satisfy the Republican base. Though he had spent eight years as chair of the Equal Employment Opportunity Commission (EEOC), he had been critical of affirmative action and school desegregation initiatives, and he questioned the very idea that the government should take action to address racial inequality. A product of a Catholic upbringing and Catholic schooling, Thomas had called the right of married couples to use contraceptives an “invention.” Groups like the National Abortion Rights Action League (NARAL) immediately spoke out against Thomas’ nomination, expressing concern that his presence on the court could put Roe v. Wade at risk. Continue reading →

The Roots of Resistance: The Social Justice Context of Sexual Harassment Law

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wga_posterEarlier this year, Scandal star Kerry Washington brought sexual harassment into the spotlight with her portrayal of the embattled Anita Hill in HBO’s Confirmation. The movie dramatizes how Hill herself made sexual harassment a topic of high-profile, nationwide debate when she came forward to speak out against Clarence Thomas during his 1991 Supreme Court confirmation hearings.

Hill’s testimony gave resolve to others who had experienced similar treatment in the workplace, ushering in a 40-percent increase in the number of sexual harassment claims filed with state and federal agencies in 1991 and 1992. But as inspiring as her testimony was, Hill stood on the shoulders of brave women before her who confronted sexual harassment and helped advance a body of law that makes workplaces, schools, and other institutions safer spaces. That body of law now protects people against “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature,” as the U.S. Equal Employment Opportunity Commission summarizes.

The fight against sexual harassment is closely connected to the long struggle for freedom among African Americans.

The breakthrough cases in sexual harassment law provide a revealing look at the short and surprising history of the battles, both in and out of court, that brought the issue into public consciousness. It is a history that shatters popular perceptions of feminism’s second wave and brings to light an overlooked dimension of another fight for social justice: the Civil Rights Movement.

Two Landmark Legal Decisions

When Mechelle Vinson applied for a job at Capital City Federal Savings in 1974, she was only 19 years old, but she had already had part-time jobs at several businesses around Washington, D.C., including a shoe store and an exercise club. For Vinson, lessons in supporting herself had come early. A strained relationship with her father had led her to drop out of high school and make repeated attempts to run away from home. She got married at “14 or 15,” because, as she recounted later, “I thought if I get married, I don’t have to go through problems with my father.” Continue reading →