Sonia Fuentes, our resource on women and employment law
I recently met Sonia Fuentes online. She is one of the founding members of the National Organization for Women, a lawyer, and an expert on Title VII and related laws affecting employment. Since a lot of you struggle with issues of employment law such as pregnancy leave, I want to virtually introduce you all to Sonia. Here is a short piece she has written to introduce herself to you. I would encourage you to ask her any employment law questions you have in the comments, and/or follow up questions on her career in defending our rights.
Introduction of Myself, by Sonia Fuentes
Hi:
I have been involved in women's rights since 1963 when I testified in Congress on behalf of the Equal Pay Act. That Act, which was enacted in 1963 and became effective in 1964, provided that men and women were entitled to equal pay for equal or substantially equal work. It was initially enforced by the U.S. Department of Labor but subsequently that authority was given to the Equal Employment Opportunity Commission (EEOC).
In July 1965,Title VII of the Civil Rights Act of 1964, enforced by the EEOC, became effective. Among other things, Title VII prohibited sex discrimination in all terms and conditions of employment by covered employers, labor unions, and employment agencies. In October 1965, I joined the EEOC as the first woman attorney in its Office of the General Counsel.
In 1966, I was a co-founder of the National Organization for Women (NOW), and, thereafter, I also co-founded Federally Employed Women (FEW).
I remained at the EEOC until mid-June 1973, during which time I drafted some of the EEOC's landmark guidelines and decisions.
I have given speeches and written articles on the legal revolution in women's rights throughout the U.S. and abroad (sometimes as a volunteer "American specialist" on women's rights for the then-US Information Agency). For further information on my background and memoir, Eat First-You Don't Know What They'll Give You, The Adventures of an Immigrant Family and Their Feminist Daughter, please see my website at http://www.erraticimpact.com/fuentes.
In April 2008, I gave a talk at Cornell University's Law School (the Cornell undergrad school was my alma mater).That talk, "The Beginning of the Second Wave of the Women's Movement and Where We Are Today: a Personal Account," is available in the Cornell Law School section of the NELLCO Legal Scholarship Repository.
I would be happy to answer any questions you may have about gender discrimination and relevant laws.
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Thanks for the advice, Sonia. I don't want to escalate anything now, but I saved all these thoughts for possible use later on. I'd rather not say more about what's going on. Who knows what can be tracked on the internet?
Hi Again Worried:
Of course, another option you have is to seek the advice of an attorney; if you do so, you would want to be sure you speak to an attorney with experience in labor law and equal employment opportunity matters.
I did not suggest that in my earlier comment because you did not provide me with any specifics on your situation so I might know whether it would be advisable to seek an attorney's counsel.
Best regards,
Sonia
Dear Worried:
Let me start by saying it is very difficult to be the first and only woman in a work setting. I've been there so I understand.
It's hard for me to make suggestions because I don't know (1) what the work setting is; and (2) what you mean by "things are hard." That is not to say I'd be able to make suggestions if I had this information but I'd need a much better picture of your situation that is expressed in your brief query to be able to make any kind of intelligent response.
By "things are hard," I don't know whether some actions are taking place that would provide grounds for a charge of employment discrimination, such as a hostile work environment. That is not to say you should file a charge but if you're going to be discussing it with someone, it's good to knowhether you can tell them the actions involved could give rise to a charge of employment discrimination with the EEOC or a state or city agency.
I don't know whether there's a supervisor or manager with whom you could to discuss this. Or someone in a Human Relations Department. In my experience, the Human Relations Departments of corporations were not helpful to employees but still it's a possible avenue.
I don't know whether there are other women (although not in your immediate work environment but at the same employer) with whom you could talk and make common cause.
I don't know whether there's a union to which you could bring this as a grievance.
It would be good if there were someone who might be able to help with whom you could discuss this.
Many years ago, some of my fellow classmates at law school harassed me verbally for the first six weeks of school. I finally went up to the ringleader and asked why they were doing that. He said, "Oh, I didn't know it bothered you." And that was the end of it. I'm not saying all instances of sexual harassment can be ended that easily but sometimes that's all it may take.
Best regards,
Sonia
Hi! Do you have advice for women who are the first and only woman in a work setting? I assume going to the legal remedies isn't the first thing to be done if things are hard.
Dear Laura:
I was never worried about losing my job at the EEOC for being an outspoken feminist and I don't know other feminists who were except Catherine East (I've written a piece called "Three Legendary Feminists," one of whom was Catherine; it's on my website.) She had positions in various federal agencies and on committees involving women's rights and did not feel it would appropriate to openly reveal her association with NOW. She also feared for her job. So she was very active behind the scenes in the formation of NOW but did not become a founder.
Some years after working at the EEOC, I worked at HUD (US Dept. of Housing & Urban Development). My feminist views were well-known. That never caused me any problems and I never feared for my job.
On the other hand, I spent eleven years as an attorney and executive with two multinational corporations. I never feared for my job in those positions but I knew I could not openly reveal my feminist activities. I was part of a small group of women at one of those corporations who networked and shared information, such as male executives did openly, but we kept that organization secret. At the other corporation, when I openly tried to form a similar group, my boss told me to desist. Ironically, at that second corporation, I was responsible for EEO and affirmative action, and I was fired for "aggressively pursuing the duties of my job." I was hired because that corporation wanted to show the world that it was interested in women's rights and so they hired me, an outspoken feminist. When the Presidential administration changed and the corporation no longer felt it needed to pursue EEO and affirmative action, I was fired. I was also fired because I had been asked to prepare a twenty-minute slide presentation for presentation to the CEO and president of the corporation on the corporation's activities in the EEO field and I prepared a factual presentation, which revealed weaknesses in the corporation's EEO results.
Best,
Sonia
Hi Sonia,
Could you comment on whether or not you and the others in NOW and FEW were worried about losing your jobs over advocating for women's rights back in the day?
cheers,
Laura
Dear Female Biology Professor:
Before Title VII of the Civil Rights Act of 1964, which became effective in 1965, except in those few states that had fair employment practices legislation before the effective date of Title VII and might have regulated pre-employment inquiries, it would have been legal for prospective employers to question applicants for employment about pregnancy and relationships.
In general now, employers may ask prospective female employees certain questions only if they ask prospective male employees identical questions.
The Equal Employment Opportunity Commission, which enforces Title VII, has a website at http://www.eeoc.gov/
You could ask them by e-mail how you could get their Pre-Employment Inquiries Guidelines, or you could call or go to the nearest EEOC office to where you live and seek to get a copy.
Since you state that you do not know the history of the second wave of the women's movement, you may want to read one of my speeches that covers that subject. Laura Hoopes just posted a comment that allows you to access that speech. You can download the entire speech from that site.
Best regards,
Sonia
Hi. I don't really know all this history. Before the Civil Rights Act, was it legal for job interviewers to ask prospective professors if they planned to get pregnant or were in a relationship?
Now, if they do that, is there any penalty?
Dear Female Biology Professor:
Title VII requirements with regard to employees who are pregnant has nothing to do with their sexual orientation or marital status.
Best regards,
Sonia
Dear Not Quite a Dollar:
In 1963 women earned 59% of wages men earned; in 2008, it was 77%. I think we've made incredible progress since the mid-sixties when the second wave started. I see nothing to be discouraged about. I have no idea why it's taken this length of time--other than that this country has operated for almost two hundred years with women in second class status and such a social construct doesn't change overnight. I also have no idea whether we'll ever get there. That is our goal and the important thing is to keep working towards it.
Best regards,
Sonia
Can a pregnant lesbian professor have the same protection under the law as one who is heterosexual? Does it matter if people are married or unmarried? We think we have separation of church and state, but these issue always seem to come up in a religious context for my friends in academia.
FBP
Hi! Thanks for coming to answer our questions. I see that you are interested in equal pay issues. Why do you think it has taken so long for women to get to pay parity? Will we ever get there? I'm kind of discouraged every year when the comparisons come out between pay for men and for women.
