WLAM annual meeting focuses on discrimination, wage gap

By John Minnis Legal News Chauvinistic employers are in for a rough time following the Women Lawyers Association of Michigan's 92nd annual meeting Saturday, May 15, in The Henry Ford's inspirational Lovett Hall. Besides the swearing in of officers, agenda items included panel discussions on family responsibilities, discrimination, and pay equity. Noted employment law attorney Kathleen Bogas led off with an overview of family responsibilities discrimination. Bogas said women with family responsibilities are being passed over or fired without cause by employers with stereotypical beliefs. She cited some statistics: * 70 percent of families have both parents working outside the home. * One out of 10 workers are part of the sandwich generation. * 75 percent of mothers are less likely to be hired. * 100 percent of mothers are less likely to be promoted. She credited the Equal Employment Opportunity Commission for stepping forward on fighting family responsibility discrimination. Michigan does not have an anti-family responsibility discrimination law, but local governments, such as Adrian, Ann Arbor, Shelby Township and Wayne County, do. The employment attorney pointed out that under the new health care law, children may stay on the parents' health care insurance until the age of 26. "People with children are going to have a more difficult time getting hired," she predicted. Jennifer Salvatore, of Nacht & Associates, specializes in gender discrimination and sexual harassment cases. She spoke on pay equity. Noting that male law partners make more than female partners, she said some of that pay gap is structural. Pay is often based on hours worked and hours billed, where caregivers are at a disadvantage in that they cannot put in the hours of those without such responsibilities. Congress passed and President Kennedy signed the Equal Pay Act in 1963. President Johnson signed Title VII in 1964. "Title VII was a bill to prevent racial discrimination," Salvatore said. "Sex was added at the last minute in an attempt to kill the bill." Equal pay laws depend on individuals taking action, bringing lawsuits, Salvatore said. She cited the Elliott-Larsen Civil Rights Act of 1976 as one of Michigan's landmark anti-discrimination laws. She also credited Congress and President Obama for enacting the Lilly Ledbetter Fair Pay Act. Ledbetter was a 20-year supervisor with the Goodyear Tire and Rubber Co. who discovered that despite her seniority she was being paid less than the lowest paid male supervisor. The U.S. Supreme Court ruled against Ledbetter due to the statute of limitations. The Lilly Ledbetter Fair Pay Act amends the Civil Rights Act of 1964, stating that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck. She cited a bill proposed by WLAM and State Rep. Rebekah Warren, D-Ann Arbor, to amend the Wages and Fringe Benefits Act. The bill prohibits an employer from making nondisclosure of wages a condition of employment and prevents employers from requiring employees sign a nondisclosure agreement concerning wages. The employer would also be required to provide wage information on similarly-situated employees. State Rep. Warren, elected to the 53rd District in 2006 and sits on the House Judiciary Committee, said she was organizing a bipartisan women's caucus to explore pay equity and family responsibility discrimination. Career coach Elizabeth Jolliffe monitored a panel discussion on "Positioning Yourself for Increased Compensation and Creative Employment Terms." Panelist Julie Fershtman, who has her own firm and is slated to be 2011 State Bar of Michigan president, said the rules have changed considerably since she first came out of law school 24 years ago. "Now you have to bring in business," she said. One way to do that is to develop niche practices within your overall practice, such as what Kathryn Ossian did at Miller Canfield by positioning herself as an IT expert. "Don't just sit at your desk," she said. "Get out there. Break away from your desk." Denice LeVasseur, a senior partner in LeVasseur & LeVasseur, said there should be more women in management and they must be willing to fight for women. Margaret "Peggy" Costello, of Dykema Gossett, recommended that women attorneys talk about compensation with their supervising partner before the end of the year when everyone is fighting to be heard. To find out what the going rate is for new attorneys, Hartmus Hiser suggested going to the law schools where recruiters list their starting salaries. Rates can then be adjusted depending on experience. Outgoing President Kim Winokur introduced Lysa Postula-Stein, the new President. The incoming president pointed out that when the WLAM was formed, women couldn't vote, but they could be lawyers. The 1970s saw a surge in activism, she said, and many chapters were formed. The new president pointed that there is still poor retention of women lawyers due to caregiving responsibilities. She said a goal of her term is to provide women with tangible tools, such as au pair and elder services. Postula-Stein and her fellow officers and directors were sworn in by Michigan Supreme Court Chief Justice Marilyn Kelly, a former president of the WLAM. "This organization is very near and dear to my heart," she said. "We go way back together. For many of us, Women Lawyers is our most important organization." Following the swearing-in ceremony, Maria Linderman presented Bogas with the WLAM Jean Ledwith King Leadership Award. To conclude the 92nd annual meeting, Immediate Past President Winokur was given a plaque of appreciation for her service, and Tribal Court Judge Angela Sherigan was given a WLAM banner to hang in her courtroom. Published: Thu, May 27, 2010

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