Not many people voluntarily relinquish power and control of a society. Here, in the United States! We are undergoing a shift in power. We have an African-American President. Soon Caucasians will be in the minority. Women are gaining political power. It is always disconcerting to those in power when that power is at risk.
This phenomenon has occurred many times in history. Gandhi said, "First they ignore you; then they laugh at you; then they fight you; then you win." We are at stage three, "then they fight you . . .". We will have a more just and equal society, it's just that not everyone is happy about that.
Tuesday, June 15, 2010
Friday, June 11, 2010
The Future of Equality
I am very optimistic about our country's future. When I was a young girl, there were race riots in Kansas City after Dr. Martin Luther King, Jr. was killed. Those riots woke me up and began my focus on civil rights. I don't remember when Rosa Parks refused to sit in the back of the bus, but her act of courage has greatly affected me. There are still many problems to overcome to have true racial equality in this country, but things are getting better. Race discrimination is more covert. I don't hear racial epithets in common parlance as I did in my youth.
I became a lawyer in 1983, and did a few civil rights cases. Things dramatically changed in 1991 when Congress expanded Title VII of the Civil Rights Act. Back then, I began handling the most horrendous sexual harassment cases. Some employers were groping and fondling their subordinates in the workplace, co-workers in traditionally male jobs were sexually intimidating female co-workers, offers of promotions in exchange for sex occurred. I tried my first sexual harassment case to a jury in 1994, where the manager had not only propositioned my client, but also grabbed between her legs. Since then, I have tried many sexual harassment cases with the most vile and outrageous facts. Juries responded to sexual harassment cases in a big way, and companies began to see the value in stopping sexual harassment cases in the workplace. As my old boss used to say, people will do the right thing if you make them. In the early 1990's, I predicted that sexual harassment cases would die out in ten years. That didn't happen, but things are much better than they were twenty years ago.
Discrimination is far from a memory, though. In our office, we are handling several race discrimination, national origin discrimination and sexual harassment cases. We have a long way to go to achieve equality of opportunity for all races. Age discrimination, in this economy, has exploded. In fact, age discrimination is extremely rampant now. In the last two jury trials our firm has had which were for age discrimination, I pointed out that it was acceptable in our last Presidential election to lambast McCain for his age. It is not acceptable in this country to hurl epithets against any group except older people. The jury responded. The way we treat our elders is atrocious.
But, I am ever optimistic. I see a new age, just around the corner, where it is unlawful to discriminate in employment based on sexual orientation. Kansas City has such an ordinance, even though Missouri and the federal government do not. Congress is killing that strange policy, "Don't ask, don't tell." I predict we are close to legislation which has as its purpose to even the playing field regardless of sexual orientation. I am optimistic because it was acceptable to ridicule gays and lesbians in my youth, while my children would be appalled at that behavior.
I am beginning to be optimistic in another area that I thought would never change - wage disparity. Women earn between 76% to 80% of men. Women are promoted less than men and traditionally female jobs are paid less than traditionally male jobs, regardless of skill level and complexity. There is a pending class action case against Wal-Mart, with a potential class of 1.5 million people. Maybe, just maybe, we will finally come to realize that paying women less than Caucasian men is not okay. Women make up 52% of the population and almost half of the workforce. This is major! And, if women can eventually get equal pay treatment, then so can African-Americans, Hispanics and Native Americans. Perhaps, we are on the path to true equality in treatment of all our citizens. Perhaps, when talking about a family in poverty, Americans will not just accept that household be a "single mom" as a valid explanation.
One day, maybe sometime soon, maybe in my lifetime, people will be "judged by the content of their character, and not be the color of their skin" nor by the age of their body, nor their gender nor their sexual orientation. This will only happen if there are enough brave souls out their willing to buck the system by using our legal system and suing discriminatory employers. Our judicial system is working. It's exciting to think what the future can bring.
Monday, May 31, 2010
What is Courage?
Today is Memorial Day which is the day legally set aside for people in this country to remember those who fought and died for this country. What makes it important that we remember those who died before us, the noble, and sometimes the not so noble? What makes someone a "hero?" How does one live with courage so that he or she can be remembered as a noble "soldier?"
For me, what epitomizes courage is the protagonist in the classic "Red Badge of Courage" by Stephen Crane. It is a classic about the Civil War which covers only two days of the war. On the first day, the protagonist in the book was scared and ran. He acted like a normal scared person confronted by overwhelming personal danger. But the book does not stop with day one. On day two, he comes back, facing the danger from which he fled and he stands and fights. When I read the book, way into my adulthood, I loved it. That is real courage, fighting the natural urge for self-protection to do what one feels is right. No need for perfection. We can redeem our souls. I love redemption.
It is obvious courage to give up one's life for what one believes. I wish I could understand why our nation keeps asking our young people to sacrifice their lives. Many times, I would rather we kept our brave men and women at home and not ask for the ultimate sacrifice for what I suspect to be purely economic reasons such as protecting our dependence on foreign oil. I think, as the ones who are not at risk of dying in these sometimes silly wars, we should not be asking our young ones, our sons and daughters, our youngsters, to die to keep us rich. But our children and youths continue to make the ultimate sacrifice, usually with great honor and dignity.
I think for most of us, those too old or not confronted with the choice to go to battle, their can still be great courage. It is the kind of courage we want from our leaders, yet see it all to rarely. This kind of courage is not the kind of courage that makes for a typical politician. This courage is the kind that few among us demonstrate. It is the courage to do that which is unpopular, that which may open one to ridicule, or worse. It takes courage to buck the masses, to risk everyday ridicule. For a politician it takes courage to follow ones own convictions regardless of opinion polls. For the everyday person, it takes courage to not join in and ridicule of the unpopular, to risk public ridicule, to risk loneliness. That is the way that most of us can be courageous.
To act with courage is hard. If it is easy to fight, it takes no courage to do so. Courage is when one fights for ideals when it is easier not to fight. Mahatma Gandhi, Martin Luther King, Jr., Rosa Parks, all displayed real courage. Everyday people display courage when they risk being shunned or ridiculed and stand up for what they believe. To be courageous one has to first be able to stand up for oneself. Just as someone who lacks self-love cannot love others, one who lacks the courage to protect oneself, cannot protect others.
I am proud to represent everyday people who show courage by bucking the system, by standing against injustice, even though it is hard and even though it is unpopular. That is why I started this blog, to honor those everyday people who fight, in their own way, everyday for what is right. That is uncommon courage.
For me, what epitomizes courage is the protagonist in the classic "Red Badge of Courage" by Stephen Crane. It is a classic about the Civil War which covers only two days of the war. On the first day, the protagonist in the book was scared and ran. He acted like a normal scared person confronted by overwhelming personal danger. But the book does not stop with day one. On day two, he comes back, facing the danger from which he fled and he stands and fights. When I read the book, way into my adulthood, I loved it. That is real courage, fighting the natural urge for self-protection to do what one feels is right. No need for perfection. We can redeem our souls. I love redemption.
It is obvious courage to give up one's life for what one believes. I wish I could understand why our nation keeps asking our young people to sacrifice their lives. Many times, I would rather we kept our brave men and women at home and not ask for the ultimate sacrifice for what I suspect to be purely economic reasons such as protecting our dependence on foreign oil. I think, as the ones who are not at risk of dying in these sometimes silly wars, we should not be asking our young ones, our sons and daughters, our youngsters, to die to keep us rich. But our children and youths continue to make the ultimate sacrifice, usually with great honor and dignity.
I think for most of us, those too old or not confronted with the choice to go to battle, their can still be great courage. It is the kind of courage we want from our leaders, yet see it all to rarely. This kind of courage is not the kind of courage that makes for a typical politician. This courage is the kind that few among us demonstrate. It is the courage to do that which is unpopular, that which may open one to ridicule, or worse. It takes courage to buck the masses, to risk everyday ridicule. For a politician it takes courage to follow ones own convictions regardless of opinion polls. For the everyday person, it takes courage to not join in and ridicule of the unpopular, to risk public ridicule, to risk loneliness. That is the way that most of us can be courageous.
To act with courage is hard. If it is easy to fight, it takes no courage to do so. Courage is when one fights for ideals when it is easier not to fight. Mahatma Gandhi, Martin Luther King, Jr., Rosa Parks, all displayed real courage. Everyday people display courage when they risk being shunned or ridiculed and stand up for what they believe. To be courageous one has to first be able to stand up for oneself. Just as someone who lacks self-love cannot love others, one who lacks the courage to protect oneself, cannot protect others.
I am proud to represent everyday people who show courage by bucking the system, by standing against injustice, even though it is hard and even though it is unpopular. That is why I started this blog, to honor those everyday people who fight, in their own way, everyday for what is right. That is uncommon courage.
Sunday, May 23, 2010
People Who Have the Courage to Buck the System
I feel honored to represent people who buck the system, whistleblowers, victims of illegal retaliation, etc. It takes a lot of courage to buck the system. We are social animals. People act differently in groups than they act when alone. We all want to fit in. But, sometimes we can't, or decide that we won't. Whistleblowers can appear to be misfits, because it is hard for people who really want to fit in to buck the power, the social or employment situation in which he or she finds him or herself.
In my experience in representing the people who have the courage to buck the system, my clients have to endure more than rejection from their former group. It seems that it is human nature to vilify the person who has the courage to differ. My clients suffer from the humiliation of lies and rumors spread about them. For instance, I have represented women in sexual harassment cases where the employer claims they engaged in sex at work, that they "asked for it," that they were the real harassers. In my own life, I have been part of an organization where those in power wrongfully accused my friends of trying to wrest power and overtake the organization to justify their treatment of those who differed with the ones in power. These situations were lies, but the people perpetrating the lies wanted them to be true, to justify their actions. Lies get spread this way.
Group dynamics are illustrate strange phenomena in human behavior. Being the descendant of Jewish German refugees from Nazi Germany, I have always been interested in group dynamics. How can a leader, an employer, the cool kids in high school, get others to engage in behavior as a group that would appall them if they had rationally engaged in such behavior individually? We so want to belong, that humans are capable of doing horrible things if the group sanctions them. That is what happened in Nazi Germany, in Rwanda, in the Spanish Inquisition. I wonder what I would have done if I were in the majority in one of these situations. I hope that I would have the courage to fight the status quo. Most people do not. If we had not had people like Mahatma Gandhi, Martin Luther King, Jr., Rosa Parks, where would we be as a society?
Here's to those who have the courage to do what is unpopular, to buck the leaders, to speak the truth. We need people with such courage. I am proud that I have the honor to represent some of the people who show this great courage. I hope that, if tested, I could count myself as one among them.
In my experience in representing the people who have the courage to buck the system, my clients have to endure more than rejection from their former group. It seems that it is human nature to vilify the person who has the courage to differ. My clients suffer from the humiliation of lies and rumors spread about them. For instance, I have represented women in sexual harassment cases where the employer claims they engaged in sex at work, that they "asked for it," that they were the real harassers. In my own life, I have been part of an organization where those in power wrongfully accused my friends of trying to wrest power and overtake the organization to justify their treatment of those who differed with the ones in power. These situations were lies, but the people perpetrating the lies wanted them to be true, to justify their actions. Lies get spread this way.
Group dynamics are illustrate strange phenomena in human behavior. Being the descendant of Jewish German refugees from Nazi Germany, I have always been interested in group dynamics. How can a leader, an employer, the cool kids in high school, get others to engage in behavior as a group that would appall them if they had rationally engaged in such behavior individually? We so want to belong, that humans are capable of doing horrible things if the group sanctions them. That is what happened in Nazi Germany, in Rwanda, in the Spanish Inquisition. I wonder what I would have done if I were in the majority in one of these situations. I hope that I would have the courage to fight the status quo. Most people do not. If we had not had people like Mahatma Gandhi, Martin Luther King, Jr., Rosa Parks, where would we be as a society?
Here's to those who have the courage to do what is unpopular, to buck the leaders, to speak the truth. We need people with such courage. I am proud that I have the honor to represent some of the people who show this great courage. I hope that, if tested, I could count myself as one among them.
Tuesday, May 18, 2010
Grace and Courage - Part I- 10 Special People
I have had a writers block these past few weeks, deciding who and what I would like to write about. The purpose of my starting this blog was to recognize the courage and fortitude of my clients, both past and present. I am reticent to name names, though, because of attorney-client privileges. However, I want to honor some of the people who have influenced me by their acts of grace, courage and kindness, not just clients. Some are just people whose paths have crossed mine in my life, others are clients. I am just going to list ten of those people that come to my mind tonight. This is not an all-encompassing list and I hope to have many more in the future. Here is tonight's top 10, in no particular order.
1. Anni Halle - my grandmother who has been dead since 1985. She had the fortitude to mobilize her family, my mother, grandfather and great-grandmother to flee Nazi Germany in 1938, days before Cristallnacht. If it weren't for her courage, I would never have existed. And, after she worked as a maid and then in a factory for most of her life, she went to school at the age of 63 to become a nurse. I wish I had told her that she was my hero before she died. I hope she knew.
2. Judge Frances Tydinngco-Gatewood - the presiding federal judge on the territory of Guam and my law school classmate and moot court partner, and friend. Frances is one of the kindest, most caring, most loving people I have ever met. I may not see her for 20 years, but when I see her again, her warmth and kindness still washes over me. I see photos of her and can't help but smile. Elevation to the federal bench has not changed her one whit. She is kind, caring and wonderful Frances.
3. My clients dealing with brain and uterine cancer. A tough pill for a devoted and loving married couple. I watch their love and devotion for each other and know that even with their dreadful diseases they are truly blessed by having each other. It has been such an honor representing them.
4. My brother - Bob Jaben. He is filled with good humor, and brotherly devilishness to his older sister. No matter what issue may arise, he is steady and strong.
5. My wonderful client whose sexual harassment case I tried years ago. She was abused and harassed by co-workers, and fought a very powerful union. The jury gave her $650,000, which the court of appeals took away. Through this experience, she and her husband have established a church and they are pastors. She is kind, gentle, and good-humored. She brings out the best in people.
6. Commissioner Molly Merrigan - I really don't know Commissioner Merrigan well. I was appointed to a very difficult juvenile case with heart-wrenching issues. The case caused me several sleepless nights. I don't feel comfortable talking about the specifics of the case. However, in a case that I thought could ruin many people's lives, Commissioner Merrigan in her kind, soft-spoken way came up with a creative solution that will probably save those kids.
7. My client involved in a horrendous accident resulting in catastrophic injuries. He was very young. He shows me how to live as normal of a life as possible with dignity. He is a kind and loving man, who can still live his life without anger and bitterness.
8. Barack Obama - I just think he is really, really cool. Enough said.
9. My client who is a nurse. As a result of the events of her case, the life she knew was destroyed, both personally and professionally. She is a leader and believes in principles. She is one of the most honorable people I have ever met. Even with all of the hardships, she bounces back and takes care of others, as good nurses do.
10. My husband. He is kind and loving. He acts with dignity during difficult times. He treats most everyone with respect. He is a good man.
That felt good. There are many, many more people whom I respect. I hope to write more articles about those people who have positively impacted me. Watch for them in the future.
1. Anni Halle - my grandmother who has been dead since 1985. She had the fortitude to mobilize her family, my mother, grandfather and great-grandmother to flee Nazi Germany in 1938, days before Cristallnacht. If it weren't for her courage, I would never have existed. And, after she worked as a maid and then in a factory for most of her life, she went to school at the age of 63 to become a nurse. I wish I had told her that she was my hero before she died. I hope she knew.
2. Judge Frances Tydinngco-Gatewood - the presiding federal judge on the territory of Guam and my law school classmate and moot court partner, and friend. Frances is one of the kindest, most caring, most loving people I have ever met. I may not see her for 20 years, but when I see her again, her warmth and kindness still washes over me. I see photos of her and can't help but smile. Elevation to the federal bench has not changed her one whit. She is kind, caring and wonderful Frances.
3. My clients dealing with brain and uterine cancer. A tough pill for a devoted and loving married couple. I watch their love and devotion for each other and know that even with their dreadful diseases they are truly blessed by having each other. It has been such an honor representing them.
4. My brother - Bob Jaben. He is filled with good humor, and brotherly devilishness to his older sister. No matter what issue may arise, he is steady and strong.
5. My wonderful client whose sexual harassment case I tried years ago. She was abused and harassed by co-workers, and fought a very powerful union. The jury gave her $650,000, which the court of appeals took away. Through this experience, she and her husband have established a church and they are pastors. She is kind, gentle, and good-humored. She brings out the best in people.
6. Commissioner Molly Merrigan - I really don't know Commissioner Merrigan well. I was appointed to a very difficult juvenile case with heart-wrenching issues. The case caused me several sleepless nights. I don't feel comfortable talking about the specifics of the case. However, in a case that I thought could ruin many people's lives, Commissioner Merrigan in her kind, soft-spoken way came up with a creative solution that will probably save those kids.
7. My client involved in a horrendous accident resulting in catastrophic injuries. He was very young. He shows me how to live as normal of a life as possible with dignity. He is a kind and loving man, who can still live his life without anger and bitterness.
8. Barack Obama - I just think he is really, really cool. Enough said.
9. My client who is a nurse. As a result of the events of her case, the life she knew was destroyed, both personally and professionally. She is a leader and believes in principles. She is one of the most honorable people I have ever met. Even with all of the hardships, she bounces back and takes care of others, as good nurses do.
10. My husband. He is kind and loving. He acts with dignity during difficult times. He treats most everyone with respect. He is a good man.
That felt good. There are many, many more people whom I respect. I hope to write more articles about those people who have positively impacted me. Watch for them in the future.
Saturday, May 1, 2010
How To Fix the Kansas City Royals - and its application to employment issues
For many years now, the Kansas City Royals have been terrible. My husband is a loyal fan of the Royals, and so I am drawn in to this annual drama. This year, after reading, "The Power of Nice" and "How to Win Friends and Influence People," I believe I have the solution for making the Royals a great team again - fire the owner.
The Royals are owned by David Glass, the former CEO of Wal-Mart. And, quite frankly, Glass runs this operation as if it were Wal-Mart, where employees are sometimes considered commodities, acquired at "Roll-Back" prices. Baseball teams need to be run as if they were small, family-owned businesses with owners who care about employees and customers alike.
The Royals were great when Ewing Kauffman was alive and owned them. Kauffman loved his baseball team and it showed. Would he have ever traded George Brett, even if it were financially advantageous? Of course not. Ewing Kauffman treated the Royals and Kansas City as if we were all part of his family. No Wal-Mart mentality there.
So, once we fire David Glass, who should we hire as owner? Why Warren Buffett, of course. Warren Buffett does not believe in firing employees, according to the author of "The Power of Nice." He knows how to treat people. He must be kind, since he donated at least a billion dollars to the Gates Foundation. He lives in Omaha, where the Royals have a farm team. He's rich enough, and I think we Kansas Citians could love him as a father as we did Ewing Kauffman.
So, if there is anyone reading this blog who knows Warren Buffett, please ask him to make an offer to David Glass which Glass could not refuse. Oh, and make sure Mr. Buffett agrees to keep the Royals in Kansas City.
Thank you very much.
Sunday, April 18, 2010
Movin' On Up, to the First Chair - The Fate of Women Trial Lawyers
There are many fine trial lawyers who are women. More women are trial lawyers. Many more than when I started in practice. But, we need more women willing to go to trial. This blog is for those who have not made it to the first chair, perhaps not even to the second chair. This is for the woman who is afraid, like the rest of us, and who wonders if there is something wrong, if she is just too scared. This blog is for the "everywoman" lawyer who wants the best for her client but fears she is not good enough, not strong enough, not tough enough.
I never thought I would quote Franklin Roosevelt, but his statement, "The only thing we have to fear is fear itself" is apt, not only in life, but especially in trial. We usually imagine things much worse than what really happens in everyday life. Fear of failure is much worse than failure. Fear of anything is worse than just about anything you can be afraid of. We are all afraid at times. Even the biggest, strongest, toughest male lawyer gets scared in trial. We need to just do, even if we are afraid.
In my opinion, a trial lawyer needs to be able to do the following;
1. Listen. Listen wholeheartedly and completely without thinking or experiencing anything else. Listen and be present.
2. Care. Care for your client. Figure out what you love about your client. Figure out what irks you about your client and what that trait reminds you of in you and why it irks you so.
3. Understand. Understand your opponents, both parties and lawyers, and why they are doing what they are doing. Understand your client. Understand the jury.
Most lawyers, most people, can listen, care and understand. Most people could try a case We, as lawyers, complicate things and forget our real purpose. We make it seem too hard, too complicated, too fraught with traps. Lawyers complicate simple things. We need to simplify. Life is more simple than we make it.
We make going to trial seem complicated because it is so frightening. Women trial lawyers are oftentimes perfectionists. It is frightening to not appear perfect, to appear to be fallible. We didn't get to this place by appearing weak and for me, appearing weak is my greatest fear, Embrace your fear.
In a previous post, I claimed that women are better trial lawyers than men. That was a joke. It's not true. The truth is that being an effective trial lawyer has nothing to do with gender. In the past, women have been too willing to take a subservient role, though. Why is that? It is easier to appear to be perfect if we don't risk the perception of imperfection. Going to trial invites the risk of the perception of imperfection.
This is a plea to women who care, who feel strongly, who have a sense of justice. Go to trial, champion your client's cause. Risk failure, risk rejection. It is scary, it is hard. However, you don't need to be the most articulate, beautiful or intelligent person in the room. But, you do have to be sincere, care, and be spontaneous. Whom of you cannot do that? I suspect there is not a one.
I never thought I would quote Franklin Roosevelt, but his statement, "The only thing we have to fear is fear itself" is apt, not only in life, but especially in trial. We usually imagine things much worse than what really happens in everyday life. Fear of failure is much worse than failure. Fear of anything is worse than just about anything you can be afraid of. We are all afraid at times. Even the biggest, strongest, toughest male lawyer gets scared in trial. We need to just do, even if we are afraid.
In my opinion, a trial lawyer needs to be able to do the following;
1. Listen. Listen wholeheartedly and completely without thinking or experiencing anything else. Listen and be present.
2. Care. Care for your client. Figure out what you love about your client. Figure out what irks you about your client and what that trait reminds you of in you and why it irks you so.
3. Understand. Understand your opponents, both parties and lawyers, and why they are doing what they are doing. Understand your client. Understand the jury.
Most lawyers, most people, can listen, care and understand. Most people could try a case We, as lawyers, complicate things and forget our real purpose. We make it seem too hard, too complicated, too fraught with traps. Lawyers complicate simple things. We need to simplify. Life is more simple than we make it.
We make going to trial seem complicated because it is so frightening. Women trial lawyers are oftentimes perfectionists. It is frightening to not appear perfect, to appear to be fallible. We didn't get to this place by appearing weak and for me, appearing weak is my greatest fear, Embrace your fear.
In a previous post, I claimed that women are better trial lawyers than men. That was a joke. It's not true. The truth is that being an effective trial lawyer has nothing to do with gender. In the past, women have been too willing to take a subservient role, though. Why is that? It is easier to appear to be perfect if we don't risk the perception of imperfection. Going to trial invites the risk of the perception of imperfection.
This is a plea to women who care, who feel strongly, who have a sense of justice. Go to trial, champion your client's cause. Risk failure, risk rejection. It is scary, it is hard. However, you don't need to be the most articulate, beautiful or intelligent person in the room. But, you do have to be sincere, care, and be spontaneous. Whom of you cannot do that? I suspect there is not a one.
Friday, April 2, 2010
Age Discrimination in A Youth-Oriented Society
I just finished trying an age discrimination case with my law partner, Kristi. I notice that as I age, I have a greater fondness for age discrimination cases. Hmmmm. Coincidence? I think not.
Of all the protected categories in discrimination law, age is the one that will affect the largest number of us through the mere passage of time. Age discrimination is different than other forms of insidious discrimination. It creeps up on a person. Racial and sexual harassment act as cannonballs thrust into the victim's gut. Those forms of discrimination are rarely subtle. Our society teaches us to repel and oppose unwanted sexual acts and to condemn racial epithets. Not so with ageist actions and comments. I think many in our society accepts and condone age discrimination. Look at the recent Presidential election. This past election, as with all Presidential elections, was fodder for late night talk show hosts. Both Obama and McCain were the subject of jokes. What struck me, however, was that even though both candidates were in "protected categories" under discrimination laws, Obama as an African-American and McCain as an older person, only McCain was the butt of discriminatory jokes. I am glad that it is not socially or politically acceptable to ridicule President Obama based on his race. That probably would not have been the case 50 years ago. Our society has made some progress in the area of race discrimination, thankfully. But, why is acceptable to characterize McCain as old and decrepid? Doesn't this just perpetuate the stereotype that older people are not as effective as younger people?
In our recent trial, our client, Kathy, our client, was 53 years old when she was fired. She worked for a company that owned assisted living facilities and she was the executive director of one. The employer had a young CEO, age 30, who professed that this company was a "young company" and they needed young and energetic employees. It is ironic that this business prospers from the payments from older people. The regional administrator took the CEO's comments literally when she fired Kathy. Kathy, who was so dedicated to the residents in her facility that she and her husband spent Christmas and Thanksgiving with them, was merely tossed aside. When this happens to most folks, they just take it. Most folks don't have the gumption to fight back. Filing a lawsuit is hard work and requires someone with the fortitude and determination to withstand hurtful and vicious attacks on their character. Being a plaintiff in a discrimination case is not for the weak of heart. It was hard on Kathy, but she is strong. She withstood the trial, received a nice verdict, and is hunkering down for the inevitable appeal.
Why is it socially acceptable to ridicule older people? We are long past the day when someone could excuse racist comments by claiming, "It was just a joke." Yet, go to buy a birthday card and a significant array of cards with age jokes fill the display. What is the stereotype of old people - that they are slow, forgetful, set in their ways, obstinate. Are these characteristics of older people? Sometimes. Just as women are sometimes more emotional than men and African-Americans are sometimes better athletes than Caucasians. The problem is that when we use a broad brush to stereotype a group, individual qualities and strengths are ignored.
Kathy, our client, was one of the most compassionate, nurturing, and caring people I have ever met. She was a responsible and committed employee. Not only did she take care of all of her residents, but many of her family members rely on her. She is the go-to person. Kathy was terminated from the "young company" that wanted young and energetic workers. If she hadn't been fired, she would be working there to this day, giving the job her all as she always had. The "young and energetic" CEO is long since gone from the company, as is every other decision-maker concerning Kathy's termination. That's the irony of the situation.
Perhaps we need to rethink what is important in America in this day and age of mass lay-offs and treating employees as commodities. If we value honor, loyalty and respect, perhaps we should recognize that the way corporate America treats our citizens is appalling. We need to stop this nonsense. Someday, most of us will be old. We have the power.
Of all the protected categories in discrimination law, age is the one that will affect the largest number of us through the mere passage of time. Age discrimination is different than other forms of insidious discrimination. It creeps up on a person. Racial and sexual harassment act as cannonballs thrust into the victim's gut. Those forms of discrimination are rarely subtle. Our society teaches us to repel and oppose unwanted sexual acts and to condemn racial epithets. Not so with ageist actions and comments. I think many in our society accepts and condone age discrimination. Look at the recent Presidential election. This past election, as with all Presidential elections, was fodder for late night talk show hosts. Both Obama and McCain were the subject of jokes. What struck me, however, was that even though both candidates were in "protected categories" under discrimination laws, Obama as an African-American and McCain as an older person, only McCain was the butt of discriminatory jokes. I am glad that it is not socially or politically acceptable to ridicule President Obama based on his race. That probably would not have been the case 50 years ago. Our society has made some progress in the area of race discrimination, thankfully. But, why is acceptable to characterize McCain as old and decrepid? Doesn't this just perpetuate the stereotype that older people are not as effective as younger people?
In our recent trial, our client, Kathy, our client, was 53 years old when she was fired. She worked for a company that owned assisted living facilities and she was the executive director of one. The employer had a young CEO, age 30, who professed that this company was a "young company" and they needed young and energetic employees. It is ironic that this business prospers from the payments from older people. The regional administrator took the CEO's comments literally when she fired Kathy. Kathy, who was so dedicated to the residents in her facility that she and her husband spent Christmas and Thanksgiving with them, was merely tossed aside. When this happens to most folks, they just take it. Most folks don't have the gumption to fight back. Filing a lawsuit is hard work and requires someone with the fortitude and determination to withstand hurtful and vicious attacks on their character. Being a plaintiff in a discrimination case is not for the weak of heart. It was hard on Kathy, but she is strong. She withstood the trial, received a nice verdict, and is hunkering down for the inevitable appeal.
Why is it socially acceptable to ridicule older people? We are long past the day when someone could excuse racist comments by claiming, "It was just a joke." Yet, go to buy a birthday card and a significant array of cards with age jokes fill the display. What is the stereotype of old people - that they are slow, forgetful, set in their ways, obstinate. Are these characteristics of older people? Sometimes. Just as women are sometimes more emotional than men and African-Americans are sometimes better athletes than Caucasians. The problem is that when we use a broad brush to stereotype a group, individual qualities and strengths are ignored.
Kathy, our client, was one of the most compassionate, nurturing, and caring people I have ever met. She was a responsible and committed employee. Not only did she take care of all of her residents, but many of her family members rely on her. She is the go-to person. Kathy was terminated from the "young company" that wanted young and energetic workers. If she hadn't been fired, she would be working there to this day, giving the job her all as she always had. The "young and energetic" CEO is long since gone from the company, as is every other decision-maker concerning Kathy's termination. That's the irony of the situation.
Perhaps we need to rethink what is important in America in this day and age of mass lay-offs and treating employees as commodities. If we value honor, loyalty and respect, perhaps we should recognize that the way corporate America treats our citizens is appalling. We need to stop this nonsense. Someday, most of us will be old. We have the power.
Thursday, March 11, 2010
A Plea to Missouri Legislators - Don't Backtrack on Civil Rights
I was a child of the late sixties and early seventies and that era shaped who I am today. My family fled Nazi Germany, but not all of my German and Polish-Jewish relatives got out in time. Many perished in concentration camps. During my high school and college years, the American Civil Rights Movement began. The Civil Rights Act of 1964 was passed when I was 11 and even then, I was proud.
Growing up in Missouri, I knew we had a checkered past in civil rights. Plessy v. Ferguson, started as a case about Missouri. The University of Missouri law school did not admit African-Americans. When I was young, I heard lots of people use the "N" word. My mother remembers separate drinking fountains. I remember job listings in newspapers under the headings "Male" and "Female."
Missouri, since its early missteps, has been on the forefront of civil rights, passing civil rights laws even before the federal government had. I have always been proud of my state. But now the rights of individuals are being threatened. Some Missouri legislators are trying to roll back the clock to a time when minorities, the disabled and women were second class citizens. They are trying to amend Missouri employment laws to make it virtually impossible for a person who has suffered discrimination or retaliation to stand up against corporations.
We have come a long way from the early days when discrimination was officially condoned and sanctioned, but there is still much work to be done. Sexual harassment is not nearly as common as it was when I started practicing law. But, I still have cases where women were groped and fondled in the workplace. I still have cases where employees were called the "N" word. I still have many cases where employees were terminated for complaining about discrimination or about a company violating safety laws.
My clients are not litigious, not in light of what they go through to protect themselves and others. My clients are heroic. I suspect for everyone one client with the fortitude to come forth, there are multitudes too timid and scared to rock the boat. Without the courage of these brave souls who stand up in the face of injustice where might America be? And we still have a long way to go. Women are paid 76cents for every $1.00 a man makes. Minorities are not promoted in some companies, people are harassed because of their sex or their race. When I go to trial and my client prevails, we feel good not just because we have won the case, but because my client knows he or she has made a difference. Because of people such as my clients, this country, this state is a better, fairer place. A child can now dream of becoming president, no matter what race or gender he or she is.
Some Missouri legislators want to roll back the clock and take away our citizens' civil rights. They want to require claimants to have to prove a heightened burden of proof, higher than in any other type of case, that discrimination or retaliation has occurred, given license to employers to make up bogus reasons and get by with it. Some Missouri legislators want to protect the sexual harassers and individuals engaged in the harassing behavior. Some Missouri legislators want to deter whistle-blowers from coming forward by requiring them to, in essence, become a lawyer to determine the legal ramifications of what they complain about before they come forward to report fraud, malfeasance or worse. These are scare tactics to deprive Missouri citizens of their civil rights and to punish them for rocking the boat when the boat desperately needs to be rocked.
If you are reading this, please contact your state representative and senator to vote against this legislation. The Senate bill is bill 852. Passage of this bill threatens the very nature of our democratic process and the civil rights our country so treasures. Please, take a stand.
Growing up in Missouri, I knew we had a checkered past in civil rights. Plessy v. Ferguson, started as a case about Missouri. The University of Missouri law school did not admit African-Americans. When I was young, I heard lots of people use the "N" word. My mother remembers separate drinking fountains. I remember job listings in newspapers under the headings "Male" and "Female."
Missouri, since its early missteps, has been on the forefront of civil rights, passing civil rights laws even before the federal government had. I have always been proud of my state. But now the rights of individuals are being threatened. Some Missouri legislators are trying to roll back the clock to a time when minorities, the disabled and women were second class citizens. They are trying to amend Missouri employment laws to make it virtually impossible for a person who has suffered discrimination or retaliation to stand up against corporations.
We have come a long way from the early days when discrimination was officially condoned and sanctioned, but there is still much work to be done. Sexual harassment is not nearly as common as it was when I started practicing law. But, I still have cases where women were groped and fondled in the workplace. I still have cases where employees were called the "N" word. I still have many cases where employees were terminated for complaining about discrimination or about a company violating safety laws.
My clients are not litigious, not in light of what they go through to protect themselves and others. My clients are heroic. I suspect for everyone one client with the fortitude to come forth, there are multitudes too timid and scared to rock the boat. Without the courage of these brave souls who stand up in the face of injustice where might America be? And we still have a long way to go. Women are paid 76cents for every $1.00 a man makes. Minorities are not promoted in some companies, people are harassed because of their sex or their race. When I go to trial and my client prevails, we feel good not just because we have won the case, but because my client knows he or she has made a difference. Because of people such as my clients, this country, this state is a better, fairer place. A child can now dream of becoming president, no matter what race or gender he or she is.
Some Missouri legislators want to roll back the clock and take away our citizens' civil rights. They want to require claimants to have to prove a heightened burden of proof, higher than in any other type of case, that discrimination or retaliation has occurred, given license to employers to make up bogus reasons and get by with it. Some Missouri legislators want to protect the sexual harassers and individuals engaged in the harassing behavior. Some Missouri legislators want to deter whistle-blowers from coming forward by requiring them to, in essence, become a lawyer to determine the legal ramifications of what they complain about before they come forward to report fraud, malfeasance or worse. These are scare tactics to deprive Missouri citizens of their civil rights and to punish them for rocking the boat when the boat desperately needs to be rocked.
If you are reading this, please contact your state representative and senator to vote against this legislation. The Senate bill is bill 852. Passage of this bill threatens the very nature of our democratic process and the civil rights our country so treasures. Please, take a stand.
Tuesday, March 9, 2010
Coming Soon
I have things I would like to write about on my blog, but currently lack the time to write. I am getting ready for trial. Look for future blogs on the problem with Mo Senate Bill 852 attempting to overhaul Missouri employment law. Also look for a blog on empathy, and its importance for trial lawyers and for people in general.
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