This edition of The Catalyst is dedicated to women’s history in honor of International Women’s Day, which will be celebrated around the world on March 8, 2007, commemorating women’s rights and peace. In its various incarnations Women’s Day has be celebrated for over 95 years. The United Nations theme for International Women’s Day 2007 is “Ending Impunity for Violence against Women and Girls.” A topic close to the heart of this Committee and the work we have undertaken this year.
We have for you in this edition a wide range of “her-story” to report. From recent history within our own organization—the simultaneous elevation of two ISBA women (Jewel Klein and Claire Manning) to Laureate standing (see, Committee Member Spotlight article), to more distant history—the 1848 Women’s Rights Convention (see article about Elizabeth Cady Stanton and the Women’s Declaration of Independence reprint).
We also have updates on our partnership with the Women Everywhere (W.E.) Service Project and on our upcoming annual outreach and networking event, “Women of the West.” We also have educational and informational contributions from committee members, Jill O’Brien (our resident labor/employment law expert) and Annemarie Kill (a recent new mom herself) on the treatment of working moms in the U.S. work place. Least you be overwhelmed by all this history and information, we start with a contribution from non-committee member, Dr. Shanna Fritsch (sister to our own Heather Fritsch), on identifying and managing your stress.
For my co-editor, Lynn Grayson, and myself, I bid you all a happy Women’s Day, peace and good reading. We welcome your comments and submissions about your own “her-story” for consideration and inclusion in future editions of The Catalyst, Women in the Law (W.I.T.L.), Newsletter.
Respectfully,
Sandra Crawford, Catalyst Co-Editor
__________
*Sandra is solo practitioner in Chicago (www.lawcrawford.com) concentrating in the areas of family, real estate and Mechanic Lien Foreclosures. She also serves on the Board of Directors of the Collaborative Law Institute of Illinois (www.collaborativepractice.com) a not for profit dedicated to the promotion of respectful resolution of conflict.
In today’s world you are faced with almost constant stress. If it is not your boss, it is a big case, or a big bill. Your body is built to deal with occasional stresses, like finding food, running or fighting. These stresses are over quickly which allows your body time to rest and recoup. Though you are still expected to find food, run and fight, you have the added tasks of deadlines, finding time to sleep, paying off loans, attending meetings, making it to appointments and attempting to have a social life, etc, etc, etc. We all know that there are lots of things to worry about, but should you worry about stress?
Yes, without causing too much stress, you should be concerned with the effects of stress. A stress response is NOT intended for long term and it takes priority over all other metabolic processes, such as healing, fighting disease, digesting food, building bone, and other vital functions. This is very helpful if you’re running from a bear, but the long-term effects of this can be quite devastating on your body.
Stress can cause adrenal fatigue. Sitting atop each of your kidneys is a small, but very important adrenal gland. The adrenal glands release hormones in a 24-hour cycle called the circadian rhythm. Constant stress causes the adrenal glands to work overtime, with little rest. An overworked adrenal gland, like an overworked attorney, may become burnt-out and fatigued. If your adrenal glands become fatigued, it may result in an abnormal circadian rhythm and a continuous release of a hormone called cortisol. Cortisol negatively influences many functions of your body, including:
Energy levels: Adrenal fatigue can cause difficulty in rising in the morning, low energy levels during the day, and even difficulty falling asleep at night.
Weight gain: The adrenal glands trigger blood sugar regulation. Dysfunction of the adrenals, or over-secretion of cortisol, can cause decreased regulation of glucose which in excess will then be made into fat. Research also shows that women with high cortisol levels tend to crave more high-fat foods then women with lower cortisol levels. This combination, along with the stress of dieting and being overweight, increases the probability of diet failure and even weight gain.
Healing: Abnormal adrenal function causes the increased break-down of muscle and decreases the ability for muscle repair. This can cause chronic pain because your body is unable to heal itself.
Osteoporosis: High cortisol levels decrease the ability of your bones to rebuild, which leads to diseases such as osteoporosis. Remember—women stop making new bone in their 20s and bone density loss begins by age 30.
Immune System: Ever wonder why you get sick when you are stressed? Changes in the adrenal rhythm caused by stress suppress the immune system.
Skin: High cortisol levels seen during times of stress decrease the ability for your skin to regenerate. This is why your skin breaks-out when you are stressed.
Decreased sex drive: Adrenals that are over-worked lose their ability to produce the hormone DHEA which is a precursor to estrogen, progesterone, and testosterone. Decreased DHEA levels can cause fatigue, bone loss, and decreased sex drive.
Talk To Your Medical Provider: Okay, you can see that stress is bad, but how do you know if it is affecting you? If you have a few of these symptoms you may have adrenal fatigue:
• Constant feeling of stress
• Lack of energy
• Sleep disturbances
• Chronic muscle or joint pain
• Headaches
• Osteoporosis
• Low sex drive
• Poor memory
• Low body temperature, sensitivity to cold weather
• Hypoglycemia
• Poor immune system
• Stubborn belly fat
• Thyroid problems
• Cravings for fatty, salty, or sweet foods
Adrenal fatigue can be diagnosed by an Adrenal Stress Test. It is generally inexpensive with costs beginning at $100. This 24-hour test usually consists of several self-collected saliva tests throughout the day and night. A graph of your circadian rhythm will be created telling you what you lack and when you lack it. Your healthcare provider will then decide on a plan for you. This may range from only supplements to a combination including diet, exercise and stress reduction.
What can you do about it? It has been estimated that over 80 percent of Americans have suffered from adrenal fatigue. Our daily lives cause stress and, if you’re in the legal profession, it’s probably almost impossible to avoid it at times. Although adrenal fatigue is serious, the symptoms can be easily treated once they are recognized. If you are suffering from these symptoms, try to reduce stress, eat healthy, exercise and avoid caffeine. If this does not provide relief, you may need to supplement your diet, under doctor supervision, with the hormones your body is not producing.
Wouldn’t it be nice to not feel like you’re running from a bear all day?
__________
Two Hands Chiropractic and Acupuncture, LLC is located in the Leo Burnett Building at 35 W. Wacker Drive, Chicago, Illinois 60601. For more information, check out Dr. Shanna Fritsch’s website at www.twohandsforhealth.com or email her at info@twohandsforhealth.com.
Dr. Shanna Fritsch received her Doctorate of Chiropractic from the National University of Health Sciences in Lombard, Illinois, one of the most renowned, established and respected chiropractic educating institutions in the world. Her Certification in Acupuncture and Meridian Therapy was rewarded from National University’s Postgraduate Program. She received her Bachelor of Science degree in Cellular Biology with a minor in Chemistry from Northern Illinois University in DeKalb, Illinois. She is an active member of both the Illinois Chiropractic Society and the American Chiropractic Association. Dr. Fritsch’s special interests include ergonomic-furniture design and Traditional Chinese Medicine.
W.E. Annual Service Project—Save the Dates and Ways to Participate
W.I.T.L has once again partnered with other associations of women lawyers to support Women Everywhere: Partners in Service Project (“W.E.”). Many of our current and past members of W.I.T.L were the founding members of W.E. and have served on W.E’s. Board and contributed countless hours of service since the inception for the Project. Various other ISBA members have over the last eight years of W.E.s growth volunteered time and services on the Educational Program and Community Service Day. This year will be no exception. This Committee hopes to report in these pages in the coming months on volunteer sites around the State and how our members and readers participated in these wonderful service project days.
W.E.’s theme for 2007 is “Women Helping Women.” The Project will again involve three key events this spring and early summer in the Chicagoland area.
First, the annual Judges’ Reception will be held at noon on March 15, 2007 in Room 2005 of the Daley Center. This is a great opportunity to mingle with colleagues and judges, and to find out more information about the Women Everywhere Educational and Agencies Projects, as well as to sign up as a volunteer. Second, the Educational Project will be held on May 11, 2007. Women Everywhere volunteers will conduct court tours for high school-age girls in the morning, followed by a luncheon program at noon. Finally, the Agencies Project day will be June 8, 2007, where volunteers will be matched with agencies requesting assistance on that day.
If you are unable to donate of your time on Project dates, please make a donation in the name of our ISBA’s Women in the Law Committee to the W.E. college scholarship fund. The fund gives $1,000 scholarships to girls in need. In this era with college funding under fire every single dollar counts. One thousand of us contributing just one dollar each (less then a daily café latte) could help fund one college scholarship for a girl. Think of this—we as Catalyst readers are approximately 7500 in number. If each Catalyst reader contributed only one dollar we could fund seven scholarships.
Both men and women are encouraged to participate and volunteer for the Educational Project and/or the Agencies Project. For more information on how you can help go to <www.women-everywhere.org>.
W.I.T.L. Annual Outreach and Networking Event
The theme of W.I.T.L.’s 2007 annual outreach and networking event is “Women of the West.” This years’ outreach will be held on March 30, 2007, at Northern Illinois University Law School and will to co-sponsored by ISBA’s Women & Minority Participation Committee. For W.I.T.L. Committee this event is being spearheaded by our own “women of the west,” Ms. Mary Petruchius and Ms. Heather Fritsch, both small firm practitioners in De Kalb County, Illinois. This event will bring together women lawyers and judges from western Illinois counties, including De Kalb, Ogle, Boone, LaSalle, Kendall and women law students and facility from NIU’s Law School. For more information regarding this event contract W.I.T.L. ISBA Liaison, Ms. Janet Sosin, <www.isba.org>.
Two Women Selected to Receive 2006-2007 ISBA Academy of Illinois Lawyers Laureate Award
Congratulations go out from the W.I.T.L. Committee to Ms. Jewel Klien and our own Claire Manning on receiving one of the highest distinctions bestowed by the ISBA, the Laureate Award. Jewel and Claire will be honored with other Laureates on March 23, 2007. We hope to feature an article spotlighting Jewel and her many other accomplishments in the next edition. We hope you enjoy the spotlight piece on Claire in these pages. This is the first time in the history of this award the ISBA has bestowed it on two female attorneys in the same year. Please join W.I.T.L. in honoring them both at this time.
When I started my law firm six months ago, my friend and mentor, Sandra Crawford, gave me a beautiful, framed copy of the Woman’s Declaration of Independence (see below for the full version of this document). Call me a sap, but when I first read it, I cried. I cried for the women who were treated as no more than property. I cried for the women who lived in 1848. I cried for Elizabeth Cady Stanton and other women like her. I cried because I can’t imagine what it would have been like (or what I would have been like, for that matter) in the world described in the Declaration of Sentiments. I cried because of how far we have come due to the sacrifices of women such as Elizabeth Cady Stanton and I cried because of how far we still have to go. But, most of all, I cried because, thank God someone had the courage to force the world to treat women as equals and, well, because someone had to force the world to do so at all.
The Declaration of Sentiments is a document signed in 1848 by 68 women and 32 men who were delegates to the first women’s rights convention in Seneca Falls, New York. This convention is now known to historians as the 1848 Women’s Rights Convention. At the time it was written, the country believed in “traditional roles” and the Declaration caused quite a bit of controversy. Even many individuals who respected the courage and abilities behind the drafting of the document were unwilling to abandon their conventional lifestyles and mindsets. In fact, an article in the Oneida Whig that was published shortly after the convention described the Declaration as “the most shocking and unnatural event ever recorded in the history of womanity.”
The principal author of this Declaration was Elizabeth Cady Stanton. In fact, Elizabeth Cady Stanton is believed to be the driving force behind the 1848 Convention and the women’s rights movement for the following 50 years. Although we do not hear about her as much as we do about her friend and colleague, Susan B. Anthony, Stanton was the author of many of the movement’s important strategies and documents, such as the one below. In fact, many believe that Stanton wrote many of Anthony’s speeches. Stanton, along with Anthony and another woman, Matilda Joslyn Gage, led the National Woman Suffrage Association. Unlike many individuals who were involved in the womens’ rights movement, Stanton addressed a number of issues beyond voting rights, including women’s parental and custody rights, property rights, employment and income rights, divorce laws, the economic health of the family and abortion.
Stanton delivered an Address at the Seneca Falls Convention and her words were touching, telling, witty and groundbreaking. Below are mere snippets of this amazing speech:
We have met here today to discuss our rights and wrongs, civil and political, and not, as some have supposed, to go into the detail of social life alone. We do not propose to petition the legislature to make our husbands just, generous, and courteous, to seat every man at the head of a cradle, and to clothe every woman in male attire.
None of these points, however important they may be considered by leading men, will be touched in this convention. As to their costume, the gentlemen need feel no fear of our imitating that, for we think it in violation of every principle of taste, beauty and dignity; notwithstanding the contempt cast upon our loose, flowing garments, we still admire the graceful folds, and consider our costume far more artistic than theirs....
No, we shall not molest you in your philosophical experiments with stocks, pants, high-heeled boots, and Russian belts....
But we are assembled to protest against a form of government existing without the consent of the governed - to declare our right to be free as man is free, to be represented in the government which we are taxed to support....It is to protest against such unjust laws as these that we are assembled today, and to have them, if possible, forever erased from our statute books, deeming them a shame and a disgrace to a Christian republic in the nineteenth century....And strange as it may seem to many, we now demand our right to vote according to the declaration of the government under which we live....
We do not expect our path will be strewn with the flowers of popular applause, but over the thorns of bigotry and prejudice will be our way, and on our banners will beat the dark storm clouds of opposition from those who have entrenched themselves behind the stormy bulwarks of custom and authority, and who have fortified their position by every means, holy and unholy. But we will steadfastly abide the result. Unmoved we will bear it aloft. Undauntedly we will unfurl it to the gale, for we know that the storm cannot rend from it a shred, that the electric flash will but more clearly show to us the glorious words inscribed upon it,
—“Equality of Rights.”
Elizabeth Cady Stanton died in 1902 and did not live to see women’s suffrage in the United States. However, she was truly one of the major forces in the push toward equal rights for women in our country and throughout the world.
So....you can call me a sap; go ahead, I can handle it. But I was overcome by the strength that flows from every word and every syllable of this Woman’s Declaration of Independence. It’s as if the strength and courage cannot be contained within the words and must explode into the atmosphere around it. Perhaps that is a good description of women like Elizabeth Cady Stanton, as well. I immediately hung this gift on the wall of my office. Every time the day gets a little hard, or the piles on my desk start to pile up, or the bills start coming in faster than the payments, or I just start to wonder if it is all worth it, I walk over to The Woman’s Declaration of Independence and focus on it. Sometimes I read it in full, sometimes I just read a small section of it, sometimes I just look at it. But I always, always gain strength from it.
It’s as if the strength of these women who went through so much to change the world to the world that we live in now is within these words. The strength of the women that came before us, the women who fought so we could have the liberties that we sometimes take for granted, should be remembered and honored and should be the goal that we all strive towards. And as a read those words, I am always hit with the reality that we all have a responsibility that we must recognize and embrace as women. We, like Elizabeth Cady Stanton, must do what we can to make the world a better place for the women who come after us. Perhaps “responsibility” is not the right word because it is really more than mere responsibility. Perhaps I should say that, because of the women who have come before us and forged the path to make the world a better place for us, we all have the honor of making the world a better place for the women who come after us. Yes, that’s it.
Here’s to the hope that we all live up to that honor.
__________
For more information, check out http://en.wikipedia.org and http://www.nps.gov. I also found information at http://womenshistory.about.com. The full version of The Declaration of Sentiments, as printed below, can be found at http://www.gate.net.
What do the United States, Papua New Guinea, Swaziland, Liberia and Lesotho have in common? The answer will trouble you. A study that was just released paints a dismal view of the treatment of working women in the United States. The Harvard University Project on Global Working Families and McGill University Institute for Health and Social Policy conducted a study with a goal of improving the relationship between working conditions and family health and well-being. For ten years, the group studied working families in 173 countries. They then developed a scale which measures governmental performance around the world in meeting the needs of working families. The result was a report entitled “The Work, Family, and Equity Index: How Does the United States Measure Up?”1 The answer is simple: We don’t.
The group found that “when it comes to ensuring decent working conditions for families” U.S. public policies still “lag dramatically behind all high-income countries, as well as many middle- and low-income countries.” Interestingly, one of the few areas where the U.S. excelled was in overtime policies. The U.S. policy of paying 150 percent of salary (known as time and a half) for overtime work is exceeded by only eight countries in the world. Though the study does not discuss the fact, it must be noted that generous overtime policies disproportionately benefit men.2
The study specifically found that the U.S. lags far behind in two areas:
1. Leave for childbearing.
Out of 173 countries, 168 countries provide guaranteed paid leave to women in connection with childbirth. In fact, 98 of the countries offer 14 or more weeks of paid leave. The U.S., which offers no paid maternity leave, shares its position with only four other countries: Papua New Guinea, Swaziland, Liberia and Lesotho.
Shame on us if we are known by the company we keep. Papua New Guinea was criticized in an international governmental report for its discrimination against women. Similarly, Swaziland was found to have placed women in a “subordinate role in society.” There, “a woman generally must have her husband’s permission to borrow money, open a bank account, obtain a passport, leave the country, gain access to land, and, in some cases, obtain a job.” Lesotho is a country where “domestic violence against women occur[s] frequently and [is] believed to be widespread.” There, a woman can’t even enter into a contract without her husband’s consent. The last of our brethren, Liberia, was harshly criticized for the same issues—failure to remedy discrimination and pervasive domestic violence—but in addition Liberia was chided for its failure to remedy the pervasive practice known as female genital mutilation. And, who, you ask, has characterized these countries in such a harsh way? Well, in fact, we do. All of these criticisms are findings from our very own Department of State.3 Thus, we hypocritically criticize these countries regarding their treatment of women, yet our failure to tangibly support women (indeed all parents) truly places the U.S. in the same category as those we condemn.
The Harvard-McGill study rightfully urged the U.S. to distinguish itself from these countries by implementing policies supporting paid maternity leave. The study offered four reasons why it is important. First, it would improve children’s health by allowing parents to be available to them, by encouraging breastfeeding, and by nurturing the bonds between parent and child. Second, it would improve the economic conditions of the family by eliminating the “child penalty” mothers are often forced to pay. Third, employers would benefit by reduction of staff turnover and increased productivity and morale. Fourth, doing so would make the U.S. compliant with two widely accepted human rights protocols: the International Covenant of Economic, Social, and Cultural Rights (which 155 countries have ratified), and the Convention on the Elimination of Discrimination against Women (which 185 countries have ratified).
2. Work hours and leave for family care.
The U.S. does not require employers to provide any annual paid leave. However, 137 other countries mandate paid annual leave and 121 countries guarantee at least two weeks per year. Further, 134 countries have laws that fix the maximum length of the work week. The U.S. has no limit on overtime worked per week. The U.S. only guarantees unpaid leave through the Family Medical Leave Act, which generally only applies to employers with at least 50 employees.
The Harvard-McGill study found that work hours and availability of leave “markedly” affected parental involvement with children. Parental involvement is “critical to children’s educational, developmental and health outcomes.” The effects are even greater among low income Americans. They are more likely to have three or more weeks per year of family illness to manage. They are also less likely to have flexibility in their schedules in order to address the needs of the children. The study also noted the negative effects in families when parents work in the evening. Their children were more likely to score poorly on academic tests, repeat a year of school, and be suspended. The families also reported lower-quality home environments and higher divorce rates.
Of course, critics may see such paid family leave policies as not being feasible in the U.S. However, the Harvard-McGill study found that there is an “enormous payoff” in implementing the policies. Over time, a change in policy will decrease long-term poverty, improve health, and increase economic and social benefits. In fact, the data did not support the arguments that doing so would lead to job loss or cause higher unemployment rates.
Of course, the most compelling evidence that the U.S. will not be economically harmed by providing paid family leave is this: the most economically-competitive countries have been providing such benefits for years. According to the World Bank, the ten wealthiest countries are (in order) the U.S., Japan, Germany, China, United Kingdom, France, Italy, Spain, Canada and Brazil.4 They have the following maternity leave policies:5
Japan: 14 weeks at 60 percent of pay. Either parent may then take up to the first year of the child’s life as unpaid leave but will be paid through “employment insurance” at a percentage of income. In addition, a female employee who is either pregnant or has given birth within the last 12 months shall, upon request, be excused from overtime, holiday, and late-night work. She is also entitled to two 30 minute unpaid breaks a day to nurse.
Germany: 14 weeks at 100 percent of pay. With few exceptions, night work, overtime, and Sunday and holiday work is prohibited for pregnant and nursing mothers. Two 30-minute paid nursing breaks must also be provided for mothers.
China: 90 days at 100 percent of pay. Women more than seven months pregnant or nursing may not work in the evenings or work overtime. Two 30-minute paid nursing breaks are required.
United Kingdom: 26 weeks paid at a percentage of income and an additional 26 weeks unpaid.
France: 16 to 26 weeks at 100 percent of pay.
Italy: Five months at 80 percent of pay and an additional six months at 30 percent of pay. A woman may also take two one hour paid nursing breaks a day.
Spain: 16 weeks at 100 percent of pay.
Canada: 17 weeks maternity leave and 35-37 additional parental leave paid at a percentage of salary.
Brazil: 120 days at 100 percent of pay.
Based on the experience of these countries, one would think implementing similar policies would be an achievable goal. In fact, there are legislative efforts to do so. The “Healthy Families Act” is a federal bill sponsored by Sen. Edward Kennedy (D-Mass) which is expected to be a priority in Congress this year. It would require employers to provide a minimum of seven paid sick days a year. It’s a start. In addition, on February 1, 2007, Senator Christopher Dodd (D-Conn) announced his intention to introduce legislation that would expand the Family Medical Leave Act to provide at least six weeks of paid leave for workers to care for a newborn, or for any reason specified in the FMLA. Let us support these efforts, so that next time such a study is released, the U.S. will be judged by the goals we achieve, rather than the company we keep.
__________
1. Heymann, Jody, Earle, Alison, and Hayes, Jeffrey. “The Work, Family, and Equity Index: How Does the United States Measure Up?” The Harvard University Project on Global Working Families and McGill University Institute for Health and Social Policy, February, 2007.
2. Golden, Lonnie, “Mandatory Overtime Work in the United States: Who, Where, and What?” West Virginia University Press, Labor Studies Journal - Volume 30, Number 1, Spring 2005, pp. 1-26.
3. Country Reports on Human Rights Practices, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 8, 2006.
4. These are measured by the World Bank in terms of Gross Domestic Product (“GDP”) in year 2005. 5. The policies described herein are from the following sources:
Quicktakes: Maternity Leave- U.S., Canada and Global. Catalyst. New York, NY. September 6, 2006. The study may be viewed through its website at www.catalystwomen.org (This organization is not affiliated with this newsletter, despite having the same name.)
Conditions of Work Digest. International Labour Office, Geneva, Switzerland, Volume 13, 1994.
Parental Leave Rights in Countries Around the World. Wikepedia at <www.wikipedia.org/wiki/Parental_leave#References_and_footnotes> (2007).
And a drum roll, please…….We are pleased and proud to announce the 2006-2007 ISBA Academy of Illinois Lawyers Laureate and the Chair of our Standing Committee, Claire A. Manning!
For those of you new to the ISBA, the Academy of Illinois Lawyers was established in 1999 to celebrate excellence in the legal profession and to recognize lawyers throughout the state who maintain the highest of professional standards. A class of Laureates is selected annually by the Academy Board of Regents. Laureates are members of the ISBA who exemplify values, standards and ideals of the best of the legal profession. Laureates must have demonstrated a commitment to the highest principles of the legal profession through a pervasive record of service to the law, the profession and the public.
Excellence in the legal profession. Highest of professional standards. Values, standards and ideals of the best of the legal profession. Commitment to the highest principles of the legal profession. The qualifications necessary to be nominated as a Laureate basically say it all. Anyone who has been lucky enough to meet Claire A. Manning has no doubt that she embodies these qualities and more.
Claire was born and raised on a farm near Ladd and Spring Valley, Illinois. After graduating from Hall High School in Spring Valley, she attended Bradley University and Loyola Law School in Chicago, Illinois. After law school, Claire moved to Springfield and began a two-decade long career as a lawyer in government service. In the early eighties, she was Labor Relations Counsel to the State of Illinois, at a time when initial state collective bargaining agreements and bargaining units were still being developed. When the Illinois Public Labor Relations Act was passed in 1984, Governor Thompson appointed Claire to become one of the first members of the Illinois Labor Relations Board. The Board was created to oversee and adjudicate public sector collective bargaining matters in Illinois. Claire was responsible for the administrative structure of that Board and, in large part, for the first eight years of its decisions, many of which were directly appealed to Illinois Appellate Courts. Claire has also acted as an arbitrator in a number of labor disputes and was a Visiting Professor at the University of Illinois’ Institute of Labor and Industrial Relations in Champaign-Urbana, where she taught a graduate course in Public Sector Collective Bargaining.
In 1992, Claire was appointed by Governor Edgar to Chair the Illinois Pollution Control Board. The Board is a quasi-judicial, quasi-legislative independent state board responsible for promulgation of Illinois environmental regulations and the adjudication of cases brought pursuant to the Environmental Protection Act. Claire served on that Board for 10 years, during which time the Board developed a myriad of new environmental regulations, such as new landfill regulations, risk based corrective action objectives for remediation of brownfield sites, emission trading rules, and new procedural rules. The Board’s record of affirmation of its decisions on appeal, before the Illinois Appellate Courts, also increased significantly during Claire’s tenure as Chairman.
After more than 20 years of service in the public sector, Attorney Manning joined the private sector and is now engaged in the practice of law, as Of Counsel to Brown, Hay & Stephens, LLP in Springfield. Established in 1828, Brown, Hay & Stephens, LLP is the oldest law firm in the State of Illinois. Since its creation, many fine attorneys have practiced at this firm, including a young Abraham Lincoln. Claire now represents corporate, government and association clients in a wide variety of environmental, administrative and labor and employment matters.
In addition to her service to the state and as an attorney in private practice, Claire Manning has been very involved in the profession of law. She is a frequent speaker at bar association programs on topics involving government regulations, administrative law, and environmental and labor issues. She is a past Chair of ISBA’s Administrative Law Section Council. Currently, she chairs the Standing Committee on Women and the Law and is a member of the Environmental Law Section Council. In the early eighties, she was one of the founding members of the Government Bar Association and the Central Illinois Women’s Bar Association. Upon the appointment of the Illinois Supreme Court, she now serves as a Hearings Panel Member for the ARDC. Recently, she was also appointed to the Illinois Equal Justice Foundation, the entity responsible for allocating state grant money to legal service agencies.
Claire’s friends, and probably anyone who knows her, can attest to the fact that she brings enthusiasm, passion and ambition to her non-legal life as well. Claire has three daughters: Catherine Marie, Anne Laura and Margaret Claire. As a mother, Claire has successfully raised her daughters to be strong, independent and confident in their abilities. Her ability to juggle the demands of a full-time legal career and being a wonderful mother shows us all that it is possible to be a success in both your personal and professional lives. Even with this full plate, Claire still finds time to continue learning and to volunteer for school events, community service and church responsibilities.
This short article could never fully describe Claire Manning and all of her accomplishments. I, for one, feel honored and awed to have been allowed the opportunity to meet Claire A. Manning and work with her on the Standing Committee for Women and the Law. Claire epitomizes the combination of attorney and woman that I strive to become. I know that I am better for knowing her, and I’m sure that I am not the only one who can make that statement with all honesty. I cannot think of any individual more deserving of the Honor of being chosen as an ISBA Laureate.
So…thank you, Claire. Thank you for setting the bar and providing all young, female attorneys with an example—an ideal example in a profession that too often falls short of that ideal. Thank you for forging a path for the rest of us to follow during those times that we have difficulty finding our own path. Thank you for making the legal profession a better place for all of us who come after you.
Thank you, Claire, and congratulations.
1. Minimum Wage
Since January 1, 2005, the minimum wage in Illinois has been $6.50 per hour. Effective July 1, 2007, this increases to $7.50 per hour.
2. Equal Pay
The Illinois Equal Pay Act (“EPA”) prohibits gender-based wage discrimination, similar to the federal EPA. However, unlike the federal statute, the Illinois EPA also provides employees with the right to inquire about and share wage information (which many private employers currently view as confidential), and imposes additional posting and record-keeping requirements on employers.
The EPA prohibits employers from paying men and women at different rates for: (1) the same or substantially similar work; (2) jobs requiring equal skill, effort, and responsibility; and (3) work that is performed under similar working conditions. The EPA permits wage differentials provided under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any factor other than gender or other protected classifications. The EPA also prohibits retaliation against employees who assert a claim or assist in an investigation or proceeding under the EPA.
Most significantly, the EPA prohibits employers from “interfering” with the exercise of an employee’s rights under the EPA. Thus, the EPA may require employers to provide employees with any information they may need to enforce their rights under the EPA, such as other employees’ wages, bonuses, merit increases or information concerning the employer’s wage administration systems.
3. English Only Rules
The Illinois Human Rights Act (“IHRA”) was amended to prohibit “English only” work rules unless an employer has a “viable” business necessity to impose such restrictions. The new law makes it a violation of the IHRA to prohibit an employee from using a language other than English when the employee is speaking about matters that are not related to his or her job duties.
4. Domestic Violence Leave
The Victims’ Economic Security and Safety Act (“VESSA”) provides eligible employees and family and household members with leave of up to 12 weeks during a 12-month period to enable them to: (1) seek medical attention for or recover from physical or psychological injuries caused by domestic violence; (2) obtain services from a victim’s services organization; (3) obtain psychological or other counseling; (4) participate in safety planning, temporary or permanent relocation, or take other actions to increase their physical safety or economic security; or (5) seek legal assistance or remedies to ensure their health and safety.
VESSA may be taken intermittently or on a reduced work schedule. Significantly, the leave will be in addition to the unpaid leave permitted by the FMLA. And, there is no initial waiting period before an employee becomes eligible.
VESSA also prohibits employers from discriminating against employees who are victims of domestic violence, employees or prospective employees who are perceived as being the victims of domestic violence, or employees who have family or household members who are perceived as being victims of domestic violence. The discrimination prohibition covers all conditions or privileges of employment, including hiring, firing, income, promotion, harassment, and retaliation. Therefore, the typical employer practice of firing a person involved in a domestic dispute for fear that the dispute will spill over into the workplace (e.g., the employee’s spouse bringing a gun to the office) is no longer lawful. Furthermore, VESSA requires employers to make reasonable accommodations for abuse victims, such as moving desks, changing telephone numbers, or relocating employees to different offices to protect them from stalkers.
The employer may require the employee to provide certification of the need for leave, including: (1) the employee’s sworn statement; (2) documentation from a victim’s services organization, member of the clergy or medical professional from whom the employee or family or household member has sought assistance; (3) a police report or court record; or (4) other corroborating evidence.
5. Sexual Orientation as a Protected Category
For many years, employers in Chicago and the entire Cook County have been restricted from basing any employment decisions on an individual’s sexual orientation. Recently, the Illinois Human Rights Act was expanded to cover this category as well (federal courts are split on the subject).
6. Obligations when using Temporary Employees
Effective 1/1/06, Illinois employers who use temporary agencies to provide employees for assignments (even if only one day involved) must comply with the Illinois Day and Temporary Labor Services Act. The majority of the obligations relate to the staffing agencies. However, clients of those staffing agencies are required to be sure that the agency is registered with the Illinois Department of Labor before entering into a contract with them. A third-party client that contracts with a non-registered staffing agency may be subject to penalties of $500 for each day of the contract.
7. Nursing in the Workplace
Illinois employers are required to permit nursing mothers to receive reasonable amounts of unpaid break periods each day to express milk. Employers also are required to provide a private location in the workplace for this purposes and it is not reasonable for an employer to require the employee to nurse in the restroom only (although the mother may prefer to do so).
8. Arrest Records vs. Record of Conviction
The Illinois Human Rights Act prevents a covered employer from making any employment decision on the basis of an “arrest record”. The employer may however rely on records of a conviction and/or based on independent information unrelated to the arrest record itself. Additionally, last year, the law was expanded to state that employers cannot rely on an arrest record that has been “expunged or sealed” and employers are required to expressly state this in any written application form.
9. Privacy in the Workplace Act
The Privacy in the Workplace Act prevents an employee from basing any employment decision and/or otherwise “disadvantaging” an employee based on his/her off-duty use of lawful products (i.e., alcohol or cigarettes). However, an employer may, under certain circumstances, pass along to the smoker, the additional premium costs actually charged to the employer in order to cover the smoker.
10. School Visitation Rights Act
This law provides for the granting of leave for employees to attend school conferences or classroom activities of their children when such activities cannot be rescheduled during non-working hours. This law is applicable to employers with 50 or more employees. The employee can be granted up to eight hours during any school year; no more than four hours may be taken at any one time. The employee must provide the employer with a written request for leave at least seven days in advance. In an emergency situation, 24 hours of advance notice is required. The employer may require an employee to exhaust all paid time off options before taking leave under this Act.
11. Employee Blood Donation Leave Act
Since 1/1/06, Illinois employers with 50 or more employees are required to provide full time employees (who have worked at least six (6) months with the employer) with PAID time off for the purpose of donating blood or platelets. An employee may receive up to one hour of PAID time off for this purpose every 56 days to donate blood. An employee may receive up to two hours of PAID time off to donate platelets.
12. Family Military Leave Act
Since August, 2005, an Illinois employee who has been employed for at least 1,250 hours in the past 12 months and has worked for the employer for at least 12 consecutive months is entitled to “job protected” time off under this new law. This law provide eligible employees unpaid time off to spend time with or assist a spouse or child who is called to military service for a period in excess of 30 days. Employers with 15 to 50 employees are entitled to up to 15 days off for this purpose; employers with more than 50 employees in Illinois are entitled to up to 30 days for this purpose.
13. Organ Donor Leave Act
A covered employee may receive up to 30 days leave WITH PAY in any 12 month period to serve as a bone marrow donor or organ donor.
14. “Oldies But Goodies”
* Non-exempt employees are REQUIRED to take a 20 minute rest break during each shift which lasts at least 7.5 hours. The break must begin no later than five hours after the start of the shift. This cannot be waived.
* Vacation Pay accrues and “vests” on a daily basis like wages once the services are performed. Employees are entitled to a pro-rata share of the annual vacation at termination.
* FMLA provides for job protected time off for paternity reasons. Also, an FMLA qualifying condition may occur with even one day of absence or hospitalization.
* In Illinois, it is unlawful to make any deduction from an employee’s paycheck (including final paycheck) unless the employee freely consents to the deduction AT THE TIME OF THE DEDUCTION. There is a limited exception for a loan/cash advance/vacation advance if the agreement is signed at the time of the loan, and includes a repayment schedule.
If you have questions or concerns about any of the above-mentioned issues, or any other labor and employment law issues, do not hesitate to call Jill P. O’Brien at (312) 467-9800.
__________
*Jill is a partner with the firm of Larner-Muchin (www.lanermuchine.com) in Chicago. Jill concentrates in the area of labor and employment law.