Employment Discrimination Against Women Knows No Borders

Deepali Gaur Singh

Gender discrimination and conservative socio-political agendas can work against women's right just about anywhere in the world.

A 77-year-old German man has a simple demand from life. "I would like to die as I have lived — on a woman." And when he came across a 19-year-old who denied him that, he filed a case of age discrimination against her.


The exploitative and dangerous practice of child marriages occurs when girls are sold off to men old enough to be their fathers and grandfathers, and it is guised as a legal marriage.

This man, known for having started Germany’s first-ever discotheque and popularized stripteases in post-war West Germany, felt discriminated against and filed charges against a 19-year-old for refusing to sleep with him. Putting a finger on the emotions elicited by the septuagenarian’s grouse seemed the bigger task: was it anger, humor, ridicule , outrage, anger…?

 

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While age discrimination in Germany more often refers to the employment market, here was someone with the audacity to give it a whole new meaning. And it is cases like this that make one wonder how different perceptions surrounding women really are when it comes to their position and status across societies.


While the manifestations of these perceptions might oscillate from subtle to the barbaric, depending on the cultural context, gender discrimination is something women continue to wrestle with, whether it is amidst more liberal and and gender-balanced societies or in the conservative societies that continue to struggle to bring about parity even at the more basic levels. Women  suffer sex-based discrimination whether it is in India or a country like Germany, home of some of the more liberal laws in Europe.  
The more recent case of a German professor’s gender discrimination lawsuit leading to a local government investigation over the appointment of a university director, has become the flash point for highlighting women’s struggle to reach top academic positions in the country. The suit is hinged on German regulations, which require that women should be preferentially selected for leading positions if all candidates are of equal merit. The country’s dismal record in this context is reflected in findings from 2006 which show that only 7 of 109 universities in Germany are led by women. With only 9 percent of the senior academic positions occupied by women, Germany had the lowest proportion in 12 major European countries.

 

Another case that made headlines was that of a group of six women executives who filed a gender-discrimination suit against the US subsidiary of a German investment bank claiming unequal pay for the same work when compared to their male counterparts, denial of access to key deals and "systematic" denial for promotions at their workplace.

 

In addition to these complaints, the suit included descriptions of sexual advances, derisive remarks regarding maternity leave and that meetings would sometimes end with a visit to a strip club. The company claimed that many of the claims were "irrelevant" to a sex-discrimination case.
Thousands of miles and many cultural contexts apart, the stories are not so different for many Indian women professionals. One that stands out in public memory is that of India’s first female Indian Police Service (IPS) officer. After over three and a half decades of police service and a more than ordinary service record, she was overlooked for the prestigious appointment of the Indian capital’s police commissioner for a junior. It prompted her voluntary retirement from the service.

 

Having courted controversy throughout her service, the gender bias is believed to have worked against her too, a pattern also evidenced in several bureaucratic appointments in the country around the same time. While public outcry often does enough to show the support for individual cases, it hardly changed the actual system, due to the social sanction accorded to such discrimination.

 

Even in Germany, though the number of gender-discrimination lawsuits has increased in more recent years, a less tangible, but perhaps more powerful factor that makes sex discrimination tacitly acceptable is the social acquiescence that is culturally not deemed as something outrageous.

 

Connected to this perhaps is the fact that compensation damages in Germany tend to be much lower with many people still believing in the concept of "contractual freedom," which gives complete autonomy to the employer on matters of promotions. More significantly, with so little social support for gender discrimination suits, women fear that such an action would hamper and permanently damage their chances on the job market.

 

Statistics reveal that while there is an average pay gap of 16 percent between men and women across the EU, a 2004 study showed an average gender-pay gap of 24 percent in Germany.

 

Back in India, there is currently is no law against sexual harassment and abuse at work places. The Supreme Court (SC) of India laid down certain guidelines and norms for observance at all work places, in the public or private sector, which are required to be treated as the law under the Indian Constitution. Thus, it is enforceable until a suitable legislation is enacted by the Indian Parliament. A recent ruling by the Bombay High Court on a case of sexual harassment filed by a female employee of a private sector company against her male superior comes as an encouragement for women who been silent on the issue.

 

Afraid of losing her job, the victim did not complain initially, but the harassment did not cease culminating in her dismissal from service after an enquiry was instated following her accusations. It is the Labor Court that upheld her appeal and directed the company to reinstate her last year. The company failed to comply with the Labor Court’s ruling, which lead to the High Court’s intervention.

 

It is the more recent case of the murder of the German Afghan girl in Hamburg, called an ‘honor killing,’ that brings into direct conflict issues of gender and culture. The girl was murdered by her older brother after a culmination of a series of physical assaults, which are believed to have occurred in the presence of law enforcers, by the family.

 

In a country where the family took refuge, the flawed understanding and misplaced tolerance of a cultural practice should take precedence over any kind of intolerance to violence, particularly gender violence, is what eventually killed this young Afghan girl. Her death continues to lose itself amidst discourses on multiculturalism, integration, fundamentalism, honor and dishonor, a reflection of how gender imbalance should have no place in any society. It finds its way insidiously through the gaping holes of conservative, socio-political agendas just about anywhere in the world.

News Health Systems

Complaint: Citing Catholic Rules, Doctor Turns Away Bleeding Woman With Dislodged IUD

Amy Littlefield

“It felt heartbreaking,” said Melanie Jones. “It felt like they were telling me that I had done something wrong, that I had made a mistake and therefore they were not going to help me; that they stigmatized me, saying that I was doing something wrong, when I’m not doing anything wrong. I’m doing something that’s well within my legal rights.”

Melanie Jones arrived for her doctor’s appointment bleeding and in pain. Jones, 28, who lives in the Chicago area, had slipped in her bathroom, and suspected the fall had dislodged her copper intrauterine device (IUD).

Her doctor confirmed the IUD was dislodged and had to be removed. But the doctor said she would be unable to remove the IUD, citing Catholic restrictions followed by Mercy Hospital and Medical Center and providers within its system.

“I think my first feeling was shock,” Jones told Rewire in an interview. “I thought that eventually they were going to recognize that my health was the top priority.”

The doctor left Jones to confer with colleagues, before returning to confirm that her “hands [were] tied,” according to two complaints filed by the ACLU of Illinois. Not only could she not help her, the doctor said, but no one in Jones’ health insurance network could remove the IUD, because all of them followed similar restrictions. Mercy, like many Catholic providers, follows directives issued by the U.S. Conference of Catholic Bishops that restrict access to an array of services, including abortion care, tubal ligations, and contraception.

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Some Catholic providers may get around the rules by purporting to prescribe hormonal contraception for acne or heavy periods, rather than for birth control, but in the case of copper IUDs, there is no such pretext available.

“She told Ms. Jones that that process [of switching networks] would take her a month, and that she should feel fortunate because sometimes switching networks takes up to six months or even a year,” the ACLU of Illinois wrote in a pair of complaints filed in late June.

Jones hadn’t even realized her health-care network was Catholic.

Mercy has about nine off-site locations in the Chicago area, including the Dearborn Station office Jones visited, said Eric Rhodes, senior vice president of administrative and professional services. It is part of Trinity Health, one of the largest Catholic health systems in the country.

The ACLU and ACLU of Michigan sued Trinity last year for its “repeated and systematic failure to provide women suffering pregnancy complications with appropriate emergency abortions as required by federal law.” The lawsuit was dismissed but the ACLU has asked for reconsideration.

In a written statement to Rewire, Mercy said, “Generally, our protocol in caring for a woman with a dislodged or troublesome IUD is to offer to remove it.”

Rhodes said Mercy was reviewing its education process on Catholic directives for physicians and residents.

“That act [of removing an IUD] in itself does not violate the directives,” Marty Folan, Mercy’s director of mission integration, told Rewire.

The number of acute care hospitals that are Catholic owned or affiliated has grown by 22 percent over the past 15 years, according to MergerWatch, with one in every six acute care hospital beds now in a Catholic owned or affiliated facility. Women in such hospitals have been turned away while miscarrying and denied tubal ligations.

“We think that people should be aware that they may face limitations on the kind of care they can receive when they go to the doctor based on religious restrictions,” said Lorie Chaiten, director of the women’s and reproductive rights project of the ACLU of Illinois, in a phone interview with Rewire. “It’s really important that the public understand that this is going on and it is going on in a widespread fashion so that people can take whatever steps they need to do to protect themselves.”

Jones left her doctor’s office, still in pain and bleeding. Her options were limited. She couldn’t afford a $1,000 trip to the emergency room, and an urgent care facility was out of the question since her Blue Cross Blue Shield of Illinois insurance policy would only cover treatment within her network—and she had just been told that her entire network followed Catholic restrictions.

Jones, on the advice of a friend, contacted the ACLU of Illinois. Attorneys there advised Jones to call her insurance company and demand they expedite her network change. After five hours of phone calls, Jones was able to see a doctor who removed her IUD, five days after her initial appointment and almost two weeks after she fell in the bathroom.

Before the IUD was removed, Jones suffered from cramps she compared to those she felt after the IUD was first placed, severe enough that she medicated herself to cope with the pain.

She experienced another feeling after being turned away: stigma.

“It felt heartbreaking,” Jones told Rewire. “It felt like they were telling me that I had done something wrong, that I had made a mistake and therefore they were not going to help me; that they stigmatized me, saying that I was doing something wrong, when I’m not doing anything wrong. I’m doing something that’s well within my legal rights.”

The ACLU of Illinois has filed two complaints in Jones’ case: one before the Illinois Department of Human Rights and another with the U.S. Department of Health and Human Services Office for Civil Rights under the anti-discrimination provision of the Affordable Care Act. Chaiten said it’s clear Jones was discriminated against because of her gender.

“We don’t know what Mercy’s policies are, but I would find it hard to believe that if there were a man who was suffering complications from a vasectomy and came to the emergency room, that they would turn him away,” Chaiten said. “This the equivalent of that, right, this is a woman who had an IUD, and because they couldn’t pretend the purpose of the IUD was something other than pregnancy prevention, they told her, ‘We can’t help you.’”

Commentary Sexuality

Black Trans Liberation Tuesday Must Become an Annual Observance

Raquel Willis

As long as trans people—many of them Black trans women—continue to be murdered, there will be a need to commemorate their lives, work to prevent more deaths, and uplift Black trans activism.

This piece is published in collaboration with Echoing Ida, a Forward Together project.

This week marks one year since Black transgender activists in the United States organized Black Trans Liberation Tuesday. Held on Tuesday, August 25, the national day of action publicized Black trans experiences and memorialized 18 trans women, predominantly trans women of color, who had been murdered by this time last year.

In conjunction with the Black Lives Matter network, the effort built upon an earlier Trans Liberation Tuesday observance created by Bay Area organizations TGI Justice Project and Taja’s Coalition to recognize the fatal stabbing of 36-year-old trans Latina woman Taja DeJesus in February 2015.

Black Trans Liberation Tuesday should become an annual observance because transphobic violence and discrimination aren’t going to dissipate with one-off occurrences. I propose that Black Trans Liberation Tuesday fall on the fourth Tuesday of August to coincide with the first observance and also the August 24 birthday of the late Black trans activist Marsha P. Johnson.

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There is a continuing need to pay specific attention to Black transgender issues, and the larger Black community must be pushed to stand in solidarity with us. Last year, Black trans activists, the Black Lives Matter network, and GetEQUAL collaborated on a blueprint of what collective support looks like, discussions that led to Black Trans Liberation Tuesday.

“Patrisse Cullors [a co-founder of Black Lives Matter] had been in talks on ways to support Black trans women who had been organizing around various murders,” said Black Lives Matter Organizing Coordinator Elle Hearns of Washington, D.C. “At that time, Black trans folks had been experiencing erasure from the movement and a lack of support from cis people that we’d been in solidarity with who hadn’t reciprocated that support.”

This erasure speaks to a long history of Black LGBTQ activism going underrecognized in both the civil rights and early LGBTQ liberation movements. Many civil rights leaders bought into the idea that influential Black gay activist Bayard Rustin was unfit to be a leader simply because he had relationships with men, though he organized the 1963 March on Washington for Jobs and Freedom. Johnson, who is often credited with kicking off the 1969 Stonewall riots with other trans and gender-nonconforming people of color, fought tirelessly for LGBTQ rights. She and other trans activists of color lived in poverty and danger (Johnson was found dead under suspicious circumstances in July 1992), while the white mainstream gay elite were able to demand acceptance from society. Just last year, Stonewall, a movie chronicling the riots, was released with a whitewashed retelling that centered a white, cisgender gay male protagonist.

The Black Lives Matter network has made an intentional effort to avoid the pitfalls of those earlier movements.

“Our movement has been intersectional in ways that help all people gain liberation whether they see it or not. It became a major element of the network vision and how it was seeing itself in the Black liberation movement,” Hearns said. “There was no way to discuss police brutality without discussing structural violence affecting Black lives, in general”—and that includes Black trans lives.

Despite a greater mainstream visibility for LGBTQ issues in general, Black LGBTQ issues have not taken the forefront in Black freedom struggles. When a Black cisgender heterosexual man is killed, his name trends on social media feeds and is in the headlines, but Black trans women don’t see the same importance placed on their lives.

According to a 2015 report by the Anti-Violence Project, a group dedicated to ending anti-LGBTQ and HIV-affected community violence, trans women of color account for 54 percent of all anti-LGBTQ homicides. Despite increased awareness, with at least 20 transgender people murdered since the beginning of this year, it seems things haven’t really changed at all since Black Trans Liberation Tuesday.

“There are many issues at hand when talking about Black trans issues, particularly in the South. There’s a lack of infrastructure and support in the nonprofit sector, but also within health care and other systems. Staffs at LGBTQ organizations are underfunded when it comes to explicitly reaching the trans community,” said Micky Bradford, the Atlanta-based regional organizer for TLC@SONG. “The space between towns can harbor isolation from each other, making it more difficult to build up community organizing, coalitions, and culture.”

The marginalization that Black trans people face comes from both the broader society and the Black community. Fighting white supremacy is a full-time job, and some activists within the Black Lives Matter movement see homophobia and transphobia as muddying the fight for Black liberation.

“I think we have a very special relationship with gender and gender violence to all Black people,” said Aaryn Lang, a New York City-based Black trans activist. “There’s a special type of trauma that Black people inflict on Black trans people because of how strict the box of gender and space of gender expression has been to move in for Black people. In the future of the movement, I see more people trusting that trans folks have a vision that’s as diverse as blackness is.”

But even within that diversity, Black trans people are often overlooked in movement spaces due to anti-Blackness in mainstream LGBTQ circles and transphobia in Black circles. Further, many Black trans people aren’t in the position to put energy into movement work because they are simply trying to survive and find basic resources. This can create a disconnect between various sections of the Black trans community.

Janetta Johnson, executive director of TGI Justice Project in San Francisco, thinks the solution is twofold: increased Black trans involvement and leadership in activism spaces, and more facilitated conversations between Black cis and trans people.

“I think a certain part of the transgender community kind of blocks all of this stuff out. We are saying we need you to come through this process and see how we can create strength in numbers. We need to bring in other trans people not involved in the movement,” she said. “We need to create a space where we can share views and strategies and experiences.”

Those conversations must be an ongoing process until the killings of Black trans women like Rae’Lynn Thomas, Dee Whigham, and Skye Mockabee stop.

“As we commemorate this year, we remember who and why we organized Black Trans Liberation Tuesday last year. It’s important we realize that Black trans lives are still being affected in ways that everyday people don’t realize,” Hearns said. “We must understand why movements exist and why people take extreme action to continuously interrupt the system that will gladly forget them.”

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