Blog of Rights

Ariela
Migdal

Since joining the ACLU in 2007, Migdal has worked in such areas as women’s rights, gender-based workplace discrimination and single-sex education. She currently litigates cases concerning discrimination against women in traditionally male-dominated occupations. Migdal clerked for U.S. Supreme Court Justice Stephen Breyer and Judge Harry T. Edwards of the District of Columbia Circuit Court of Appeals. She also clerked in the Israel Public Defender office. She received a J.D. from New York University School of Law in 2001. Migdal also holds an M.A. from London University and a B.A. from Harvard University.

Women of Wal-Mart Fight for Their Day in Court

By Ariela Migdal, ACLU Women's Rights Project at 5:17pm

I arrived at the Supreme Court early yesterday morning to attend the oral argument in Wal-Mart v. Dukes with ACLU Women's Rights Project Director Lenora Lapidus. At issue is whether this sex discrimination case against Wal-Mart should be allowed to proceed as a class action.

Appeals Court Rules Lawsuit by Muslim Woman Forced to Remove Her Headscarf Can Proceed

By Ariela Migdal, ACLU Women's Rights Project & Mark Rosenbaum, ACLU of Southern California at 2:38pm

When Souhair Khatib went to the Orange County Superior Court in Southern California in 2006, she had no idea that she was in for a humiliating and traumatic violation of her most closely held religious beliefs. Khatib came to court to seek an extension of her deadline for completing 30 days of community service relating to a misdemeanor. When she got there, an unexpected nightmare began — Khatib, who is a U.S. citizen, was taken into custody when her parole was revoked, forced to remove the hijab (headscarf) she wears as part of her Muslim religious faith, and to remain without it while in the holding facility and when appearing in open court. The experience of being stripped of her hijab was terrifying and violating.

Women: Do You Work Just for the Sake of Working?

By Ariela Migdal, ACLU Women's Rights Project at 5:22pm

A case pending before the Supreme Court will decide whether female Wal-Mart employees may bring their pay discrimination claims as a class action, or must bring their cases one at a time.

Putting Dignity on the Guest List

By Ariela Migdal, ACLU Women's Rights Project at 11:44am

Imagine if you had agreed to host Thanksgiving dinner — but your relatives weren’t allowed to come to your house, or anywhere near it. This is the situation faced by many families living in public housing, including the plaintiffs in an ACLU and ACLU of Maryland lawsuit who challenged the Housing Authority of the City of Annapolis’s (HACA) policy of “banning” people it deems undesirable. Under the policy, anyone the housing authority designated as "detrimental to the overall quality of life for public housing residents" could be banned from HACA property for three years to life, with little to no recourse for being removed from the list.

The Importance of Class Actions in Fighting Workplace Discrimination

By Ariela Migdal, ACLU Women's Rights Project at 3:17pm

It's no secret that the fight for equality in the workforce is far from over. In fact, even though it's been more decades since Congress passed the key laws that were supposed to eradicate employment discrimination ― Title VII of the Civil Rights Act of 1964 and the Equal Pay Act ― inequality in the workforce stubbornly persists, and on a large scale. Women make less money than men, are less well-represented in higher-paying positions, and suffer inequality in promotions.

Title IX: Looking Back and Ahead

By Aliya Hussain, Women's Rights Project & Ariela Migdal, ACLU Women's Rights Project & Jessica Moldovan, Women's Rights Project at 5:27pm

Before 1972, there was little protection for women and girls against sex discrimination in education. Today, we celebrate the 38th Anniversary of Title IX, recognizing advances that have been made, as well as the work that remains to be done.

Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

The statute has opened up equal opportunities for countless women and girls in education, in such diverse realms as equal athletic opportunity and protection of students from sexual harassment by faculty and peers.

Students Mobilize for Change During Sexual Assault Awareness Month

By Ariela Migdal, ACLU Women's Rights Project at 3:51pm

(Originally posted on Feministing.)

April is Sexual Assault Awareness Month, and schools and colleges around the country are waking up to the power of Title IX — the federal civil rights law prohibiting sex discrimination in federally funded education programs — to combat sexual violence on campus.School administrators can't afford to ignore Title IX.

Win for Title IX and the Constitution

By Ariela Migdal, ACLU Women's Rights Project at 3:33pm

Yesterday the Supreme Court handed down a unanimous ruling with important implications for civil rights. The court held, by a vote of 9 - 0, that a plaintiff who brings a sex discrimination claim under Title IX — the federal law banning sex discrimination in education — also has the right to bring claims under the Equal Protection Clause of the Constitution. This is a critical point because, in the court’s words, “Title IX’s protections are narrower in some respects and broader in others than those guaranteed under the Equal Protection Clause.”

Court Allows Muslim Woman's Headscarf Case to Proceed

By Ariela Migdal, ACLU Women's Rights Project at 6:30pm
While Muslim men have been vilified and targeted as terrorists in the current national security frenzy, Muslim women who wear religious headcoverings face unique exposure to prejudice because of their visibility. Their outward self-identification makes them vulnerable to both anti-Muslim bias and gender-based discrimination.

Jameelah Medina experi
Statistics image