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.

Pregnant Worker in Connecticut Protected From Discrimination by State Law

By Lining Zhang, ACLU & Ariela Migdal, ACLU Women's Rights Project at 3:25pm

Like many women, police officer Annie Balcastro of Wallingford, CT faced an uncertain future when she had to request a light-duty accommodation during her pregnancy. Many pregnant workers whose jobs entail physical activity are pushed out of the workforce when pregnant, even though their employers have provisions in place for other workers who are temporarily unable to do all aspects of their jobs, such as injured workers. Currently, fewer than ten states require employers to provide reasonable accommodations to pregnant employees who want to remain on the job but are unable to perform some aspect of their job during pregnancy.

States Fight Back Against Pregnancy Discrimination

By Lenora M. Lapidus, Women's Rights Project & Ariela Migdal, ACLU Women's Rights Project at 2:48pm

When Peggy Young got pushed out of her job at UPS after she became pregnant, she fought back by bringing a lawsuit against her employer, claiming that UPS discriminated against her by refusing to give her a light duty rotation, even though UPS admitted that it routinely accommodates workers with on-the-job injuries, workers who lose their drivers’ licenses, and workers who are covered by the Americans with Disabilities Act.  Unfortunately, many employers think it’s okay to treat pregnant workers worse than other employees who need temporary light duty positions or other temporary adjustments, like the ability to sit down or drink more water.  And some courts have agreed. 

Women in Combat: Policy, Meet Reality

By Ariela Migdal, ACLU Women's Rights Project at 12:33pm

Until today, official United States policy banned all women from being assigned to ground combat units. The policy was military-wide and covered our whole gender – no exceptions for women who were fast, strong, excellent marksmen, good at keeping calm under fire, or able to take and give directions in a high-octane situation. It was one of the last remaining relics of official government exclusion of women.

Why Servicewomen Are Suing To Challenge The Combat Exclusion Policy

By Ariela Migdal, ACLU Women's Rights Project at 9:40am

Last week, four servicewomen who served our country in Iraq and Afghanistan, along with the Service Women’s Action Network, sued the Secretary of Defense in federal court to challenge the combat exclusion policy.  This policy prevents women from being assigned to most units that engage in direct ground combat.

A Pregnant Worker’s Day in Court

By Ariela Migdal, ACLU Women's Rights Project at 10:45am

A federal appeals court heard arguments in the case of Peggy Young v. UPSPeggy Young was a package delivery driver for UPS when she became pregnant and asked UPS for a light duty assignment, so that she could continue to work while pregnant, even though her doctor had recommended she not lift more than 20 pounds.

Lioness: The Reality of Women’s Combat Experiences

By Ariela Migdal, ACLU Women's Rights Project at 2:33pm

Shannon Morgan was always a good shot, a skill she acquired growing up in rural Arkansas. As a member of a U.S. Army “Lioness” team of women soldiers in Iraq in 2003, she held her own in firefights and went out on patrols with both Army and Marine Infantrymen. Yet, official policy bars the armed services from assigning women to direct ground combat units in most situations, regardless of how well they perform under fire. Instead, when commanders want to put talented women soldiers on combat teams, they must do so by temporarily “attaching” them to those units, or sending them in a support role, rather than an official combat role. The result is that women soldiers, like Shannon, went into combat in Iraq with soldiers they hadn’t trained with and barely knew.

Celebrating Title IX at 40: Texas Victory Leads to Better Response to Sexual Assault in Schools

By Ariela Migdal, ACLU Women's Rights Project at 10:56am

My kids’ school let out for the summer this week, and as I drove by the locked doors today I was overcome with a warm feeling that comes when you know your children were able to learn in a safe environment. Our client, Rachel Bradshaw (in previous communications about this case Rachel was referred to as “Faith” to protect her privacy while this matter was under OCR investigation), used to think that she was safe at school too, until that feeling was shattered after she was sexually assaulted by another student. Instead of supporting her or taking steps to support Rachel's ability to learn, her school responded to the rape by exiling her to a disciplinary program with her attacker, where she had to see him daily. 

Women in Combat: The Marines Take An Important First Step, But More Is Needed to Ensure Full Equality.

By Ariela Migdal, ACLU Women's Rights Project & Vania Leveille, Washington Legislative Office at 3:29pm

Less than three months after the Pentagon announced that it was loosening the rules that bar women from being assigned to ground combat units, the Marine Corps followed suit, taking important steps to open up previously restricted opportunities to women. Last week, the Marines announced that women volunteers would be allowed to attend the Infantry Officers Course in Quantico, Va., for the first time, and that enlisted Marine women would also soon gain access to infantry training. This week, Marine Corps General James F. Amos sent a message to all Marines explaining that the Corps would begin assigning women to a number of positions from which they had previously been restricted, including in artillery, tank, assault amphibian, and other staffs, for purposes of "research" on integrating women into the force. He also announced that the Marines will conduct quantitative research on how men and women Marines perform in tests such as marching with a heavy load and lifting a heavy machine gun.

The (Not-So-Secret) War on Moms : How the Supreme Court Took Protections Away from Pregnant Workers

By Ariela Migdal, ACLU Women's Rights Project at 11:03am

This week, the Supreme Court ruled, by the all-too-familiar 5-4 margin, that a provision of the Family and Medical Leave Act (FMLA) giving workers time off to care for their own serious health conditions — including pregnancy and childbirth — can't be enforced by state employees in damages lawsuits against their public employers. The decision in Coleman v. Court of Appeals of Maryland effectively stripped many public employees — the majority of whom are women — of the right to job protection when they need to take time off while pregnant. The ACLU had joined an amicus brief arguing that the law was written in a gender-neutral way to provide women workers with the time they needed to go through childbirth and pregnancy-related complications, while ensuring that employers wouldn't discriminate based on the assumption that only women will need to take health-related leave from their jobs. While no opinion garnered five votes, a majority of the Court agreed that the law was not justified as a remedy for a pattern of unconstitutional discrimination against women or pregnant workers.

Pregnancy Discrimination: Another Battleground in the War on Women

By Ariela Migdal, ACLU Women's Rights Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:32pm

Access to birth control, forced ultrasounds – lately there’s been a lot of news about efforts to roll women’s rights back by decades. Less attention has been paid to the way in which pregnant women and nursing mothers have been stuck in the 1970s, or worse, when it comes to workplace equality.

Yesterday, the ACLU submitted comments to the Equal Employment Opportunity Commission – the body that enforces federal civil rights employment law – explaining how courts have been ignoring the basic premise of the Pregnancy Discrimination Act, and leaving women in the lurch.

Statistics image