Blog of Rights

Religion Isn’t a Free Pass to Discriminate Against Employees

By Christina Brandt-Young, Attorney, ACLU Women's Rights Project & Jenny Lee, Staff Attorney, American Civil Liberties Union at 5:49pm

Across the country teachers at religiously affiliated schools are being fired for their reproductive choices.  What’s worse, the schools are unapologetic, claiming they have the right to discriminate because of their religious beliefs.

Emily Herx, a former Language Arts and Literature teacher at St. Vincent de Paul, a Catholic School in Indiana, was fired after she requested time off to receive in vitro fertilization (IVF) treatment.  She is suing the school for sex and disability discrimination in federal court, and today we filed a friend-of-the court brief to support her legal arguments.  A few states over, Jane Doe (a pseudonym), an employee at a Catholic school in Missouri, was fired for becoming pregnant outside of wedlock.  Today the ACLU of Kansas & Western Missouri filed a complaint on Jane’s behalf with the Equal Employment Opportunity Commission for sex discrimination.   

EEOC Breakthrough: Anti-Transgender Discrimination Is Unlawful

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 4:16pm

Consider this: A person applies for a job at the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a ballistics forensic technician, is well-qualified for the position, and is offered the job. She then tells ATF that she is transitioning from male to female. A few days later, she's told the job has been cut for budget reasons. And then she learns that the job hasn't been cut, it's simply been given to someone else, who isn't transgender.

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.

"Hey Baby:" Enduring Street Harassment

By Louise Melling, Center for Liberty & Louise Melling, Center for Liberty at 3:46pm

I'm nearly 50. I'm tremendously fortunate. I live in a safe neighborhood, I am comfortable, and I have the privilege of a terrific education and opportunities in life. I am not timid — I have spent much of my life suing states for violating women's rights. But when I think about Women's History Month, I think about the ways in which all too often, as I walk on the streets, I put my head down, how I feel the street is not my place. And I think about how little I and other women talk about this.

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.

Are Human Genes Patentable? Supreme Court Will Decide

By Sandra S. Park, ACLU Women's Rights Project at 3:54pm

Today, the Supreme Court granted our petition seeking review of an appellate court’s 2-1 ruling upholding patents on two human genes associated with hereditary breast and ovarian cancer.  We represent 20 plaintiffs, including geneticists, patients, and scientific organizations representing over 150,000 pathologists and laboratory professionals.   The case is the first challenging whether human genes can be patented.

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

Forced to Choose Between My Job and Starting a Family? Where's Congress When You Need Them?

By Julie Desantis-Mayer at 3:41pm

Earlier this year, I wrote about being pushed out of my job because I was pregnant. It’s still hard for me to believe that I was put in the position of choosing between staying on the job while pregnant, and the health of my baby.

I have a good job at United Parcel Service (UPS) and had worked there for almost 10 years. I am a full time driver, and that work can be very demanding and strenuous. I often work up to 14 hours a day, and during the rush seasons, like Mother’s Day, the size and weight of the packages explodes. Despite that, I like my job and am glad to be able to support myself and my family.

Bloomberg Businessweek’s Racist Cover Dismisses Housing Discrimination Against Communities of Color

By Robert Hunter, Legal Assistant, ACLU, Racial Justice Program at 12:38pm

To illustrate its cover story about the housing market’s recovery in Phoenix, last week’s Bloomberg Businessweek cover depicted four black and Latino caricatures with obscenely exaggerated features, celebrating in a house filled with cash. You might wonder why an article about a tentative economic upturn should be represented by such alarmingly racist stereotypes—as though it’s a problem that people of color to have access to credit. After intense blowback, Bloomberg Businessweek responded, asserting “Our cover illustration last week got strong reactions, which we regret. Our intention was not to incite or offend. If we had to do it over again we’d do it differently.” However, their “apology” and its focus on their “intention” misses the larger point: Reducing complex economic systems to a caricature, particularly when it is done with an agenda, obscures the real sources of inequality and unfairly blames the victim.

Make My Case Count!

By Jessica Lenahan at 3:45pm

My name is Jessica Lenahan and I am a survivor of domestic violence and an advocate for battered women and children. Six years ago, I turned to the Inter-American Commission on Human Rights (IACHR), an international tribunal responsible for promoting and protecting human rights throughout the Americas, because the justice system in the United States had abandoned me. Today, IACHR issued a landmark decision in my case that found that the United States violated my human rights and those of my three children, Rebecca, Katheryn, and Leslie.