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.

Survey Shows Sexual Harassment in School Is All Too Common

By Ariela Migdal, ACLU Women's Rights Project at 1:18pm

According to a new study, sexual harassment, including unwanted sexual touching and sexual coercion as well as milder behaviors, is a regular feature of going to school for a significant number of American middle- and high-school students. The American Association of University Women released a study yesterday, surveying nearly 2000 students in grades 7 through 12. According to the study, girls reported being harassed more than boys, and harassment affected girls more negatively than boys. Of great concern, 13% of girls reported being touched in an unwelcome sexual way, 9% reported being physically intimidated in a sexual way, and 4% reported being forced to do something sexual.

Can Your School Punish You for Being Raped?

By Ariela Migdal, ACLU Women's Rights Project at 1:14pm

When a girl tells a teacher or coach that she was raped in the hallways or parking lot of her high school, is her school allowed to make her leave school, drop a class, or quit a team or activity? Can her school tell her to "work it out" one-on-one with the boy who attacked her? If the school investigates the attack, is it appropriate for the school to rely on gender stereotypes in trying to figure out what happened, such as assuming that the sex was consensual because the victim didn't cry when she reported it, or because the victim and attacker were dating?

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.

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.

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.

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

Protections for Home Care Workers: Ending An Unjust Legacy

By Ariela Migdal, ACLU Women's Rights Project & Deborah J. Vagins, ACLU Washington Legislative Office at 4:31pm

"Year in and year out, Evelyn Coke left her Queens house early to go to the homes of elderly, sick, often dying people. She bathed them, cooked for them, helped them dress and monitored their medications. She sometimes worked three consecutive 24-hour shifts. She sometimes worked 70 hours a week. She loved the work, but she earned only around $7 an hour and got no overtime pay…”

Though this New York Times’ obituary tells the story of one woman’s life, it illuminates some of what life is like for the approximately two million home care workers. Last week, a much-needed advancement began to move forward for these workers. The Obama administration proposed new regulations that, if adopted, would extend minimum wage and overtime protections to approximately two million home care workers

The Rights We Take for Granted

By Ariela Migdal, ACLU Women's Rights Project at 12:06pm

It may seem obvious that all workers are entitled to a work environment free from sex discrimination and to the wages guaranteed to them by law. But for laborers who come to this country to work temporarily under the H-2B visa program, the ability to enforce these basic rights is often out of reach.

This was the case for three of our clients who came to North Carolina from Mexico to work in the seafood processing industry. According to allegations they made in charges of discrimination and a class action lawsuit, they were limited by their employer to picking crab meat, while men were given a range of other work, and were given much more work than the women. In addition, our lawsuit claimed that their employer paid both men and women H-2B workers less than the wages promised to them, and failed to reimburse them for the travel and visa expenses they incurred, as the H-2B program requires.

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.

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