BPW/USA LEGISLATIVE HOTLINE - May 2, 2008

In this Issue
1. Let Your Senators Know that Working Women Are Watching
2. Senate Passes Bill Banning Genetic Discrimination
3. Maryland Passes Bill to Require Reporting on Pay Disparity
4. Supreme Court to Hear Title VII Sexual Harassment Case
5. Update Your Email Address to Vote in BPW Elections

1. Let Your Senators Know that Working Women Are Watching
Please take a moment to say thank you to (or express your disappointment with) your Senators for their vote and statements on behalf of the Lilly Ledbetter Fair Pay Act last Wednesday. To find out how your Senators voted click on the Read About This Issue link in the BPW/USA Advocacy Center. You can easily write your Senator through our BPW/USA Advocacy Center, just click on the Write Your Legislators link under "Lilly Ledbetter Fair Pay Act and Fair Pay Restoration Act." 

Saying, "thank you" is one of the most important steps in the advocacy process. It is also the most forgotten step. A thank you is always appreciated and always remembered.

2. Senate Passes Bill Banning Genetic Discrimination
Although the Senate was unable to take action on fair pay legislation, they did manage to pass one piece of civil rights legislation last week. On April 25th, the Senate passed by a vote of 95-0, a bill banning discrimination based on genetic tests. The Genetic Information Nondiscrimination Act (HR 493) would prohibit employers from using genetic screening results, such as data about cancer or heart disease risk, in hiring, assignment or promotion decisions. It would also bar insurers from making coverage determinations or setting premiums based on the results of genetic tests. A similar version of the bill passed the house last year and this version is expected to quickly pass the House again. The president has promised he will sign the bill.

3. Maryland Passes Bill to Require Reporting on Pay Disparity
On April 8th, Maryland Governor O'Malley signed into law Labor and Employment - Pay Disparity Data - Reporting (HB 1156). HB 1156, spearheaded by BPW/MD and the Montgomery County Commission for Women, authorizes the Commissioner of Labor and Industry to collect data from employers regarding the racial classification and gender of employees and allows the Commissioner to analyze the records to study pay disparity issues. This data will create base line information to determine the current status of pay disparity in Maryland.

This legislation is in response to the recommendations of the Equal Pay Commission, established by law and spearheaded by a local BPW organization. BPW/MD led a coalition that included the Montgomery County Commission for Women, the MD/DC AFL-CIO, and the SEIU Local 500. The coalition met with and gained the personal support of the directors of the state agency that oversees business and labor issues and will be responsible for implementing the law. BPW/MD also organized 8 women's groups to testify before both the Maryland House and Senate committees on the legislation.

BPW/MD and the coalition will continue to work with the state to ensure that the data collection process is implemented properly.

4. Supreme Court to Hear Title VII Sexual Harassment Case
In Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro"), the Supreme Court will examine the question of whether an employee who was dismissed after she cooperated with her employer's internal investigation of sexual harassment is protected under the anti-retaliation provision of Title VII.

Vicky Crawford worked as a payroll coordinator for the Metro School District for over 30 years. In 2001, Ms. Crawford was interviewed as part of the investigation of sexual harassment complaints against a colleague. Ms. Crawford told the investigator of several instances in which her colleague harassed her. No disciplinary action was taken against the colleague, but Ms. Crawford and two other employees who had also described being harassed were fired.

Title VII bars retaliation against an employee who has "opposed any practice made an unlawful employment practice" under that law ("the opposition clause"), or who has "made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter" ("the participation clause"). The Sixth Circuit found that Vicky Crawford was not protected under Title VII, because she had merely answered her employer's questions – she had not actively opposed sex discrimination. The participation clause did not protect Ms. Crawford because the court found that it only applies to an investigation that occurs pursuant to a pending EEOC charge – and no such charge had been filed at the time.

BPW/USA supports an Amicus Brief filed by the National Women's Law Center. The Center argues that denying protection against retaliation will make it even more difficult for women to tell their employers about harassment, thereby hindering the discovery and elimination of unlawful discrimination and compounding the harm to victims of harassment.

5. Update Your Email Address to Vote in BPW Elections
One of the most significant outcomes of the February BPW/USA Policy and Action Conference was the adoption of amendments allowing every member to vote for national officers, area representatives, and bylaw changes. Now every member has a voice, not just those able to travel to national conference.
 

In order to ensure your voice is heard, it is essential that BPW/USA has your current e-mail address or your correct mailing address on record. Remember that you can update your membership profile on line in the member section.
 

Just follow these five steps:
1. Go to:  http://www.bpwusa.org/
2. Login to the "MEMBER CENTER"
3. Click on your name under "PROFILE" (left bottom)
4. Verify your profile and edit as necessary
5. Click "UPDATE"

Additional steps to follow for those members supplying an email for electronic voting purposes only: