x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 1Fall 2008

Advancing Legal Rights for WomenT h e e q ua l T i m e s

Where to begin? With the excitement

attendant on the prospect of a new federal

administration, one that promises to be

more receptive to women’s rights? The

concern and uncertainty permeating our community, the country and

the world as we cope with economic turmoil? The disappointment that

LGBT families in California, Arizona, Florida and Arkansas were dealt

a cruel blow even as progressive causes triumphed in so many states?

The challenge of crafting our legislative priorities in Washington State

in the face of that economic turmoil?

Well, I’m going with excitement. The challenges and uncertainty are

significant, to be sure, but the heady promise of progress buoys us

up. We look forward to the prospect of the lifting of the global gag

rule, so international organizations that educate about – or even

provide – family planning may once again receive federal funds. We

anticipate progress in achieving more comprehensive paid family leave

in Washington. We’re enjoying the chance to work with our allies

in Montana to establish the principle of de facto parentage, so that

the rights of every parent (and every child) can be recognized and

protected under the law. We’re determined to make sure every family

in Washington gets complete legal recognition, and then to carry

those principles to Idaho, Montana and Alaska. (They’re ahead of us

in Oregon.) And, of course, we are absolutely committed to making

sure that women throughout the Northwest can receive emergency

contraception whenever they need it.

Sometimes it may appear as though we’re all about pharmacy

refusals here, just as a few years ago our work for marriage equality

so dominated the news that folks wondered if we did anything else.

(We did.) You’ll see throughout this newsletter that we have plenty

going on. We’re actively working to carry out each of the promises in

the Women’s Bill of Rights: eradicating discrimination, moving toward

economic equality, keeping women safe wherever they are, protecting

choice and families, and fighting for women’s and girls’ right to be

healthy and active. But it is true that lately the pharmacy refusal issue

has been particularly absorbing. Truth to tell, it’s absorbing our time

and our money. Lawyers for the anti-choice pharmacists and pharmacy

in the federal court case have taken the battle to a new level. They’ve

demanded that the Law Center turn over to them internal documents

– communications among staff, strategy discussions with our allies,

potentially even attorney-client documents. Of course we’re not giving

in, and we’ll do all we can legally and ethically to resist this harassing

tactic. That’s just what it is, of course. They want to cripple the Law

Center’s ability to carry out its mission.

But they’ve targeted the wrong organizations. We and our allies in the

pharmacy refusal struggle (Planned Parenthood, NARAL and many

others) are determined to continue standing up for what’s right. In our

case, that means that we will not back down from our commitment –

indeed, our mandate – to advocate for women’s rights. If every time

we successfully advocated for a rule, law or policy, we were required

to hand over all our internal documents to the other side, what would

that mean for women, for the Law Center, for democracy? It would be

bad news, is what it would mean. So, in the words of that sage, Sylvia

of comic strip fame: I don’t think so.

Of course, as we engage in this skirmish, resources are being diverted

from the rest of our work. (That’s part of the opposition’s goal too, no

doubt.) Printing, copying, and combing through all our documents,

identifying the ones that we believe are protected by our First

Amendment rights to speech, assembly, association and to petition the

government, takes a lot of time, effort and money that could be spent

on other cases and advocacy.

Still, the dawn of a new administration and the promise of renewed

democracy keep us stalwart. And while we know times are tough, we

also know that Law Center supporters and volunteers are loyal and

passionate, and that many people see blue sky on the women’s and civil

rights horizon for the first time in a long time. So we’re tightening our

proverbial belts, setting careful priorities, and digging in to make the

promise of equality come true. If that means doing more with less,

well, in many ways that’s how it’s always been. But I have hope and

confidence that our community will rally round and continue its long-

standing commitment to advancing women’s legal rights. Just as we

x x33333333333333333 33333333333333333 3333333333333333333

volume 28 : 2

Note from Lisa Stone, Executive Director

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 2 Fall 2008

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 3Fall 2008

will be steadfast in protecting not only women’s right to reproductive

health and freedom, but in their right and ability to advocate, and ours

to advocate with and for them.

The Law Center is privileged to have been a passionate voice for women

for 30 years. Now, when our ability to advocate is under attack, is no

time to become mute. And we won’t.

x Sta f fX

Sara Ainsworth, Senior Legal & Legislative Counsel

Laurie Carlsson, Volunteer Coordinator & Receptionist

Janet Chung, Legal and Legislative Counsel

Pam Crone, Lobbyist

B. Michelle Johnson, Director of Development

June Krumpotick, Lead Paralegal & Program Manager

Kelli Maguire, Director of Administration & Events

Chloë Phalan, Program Assistant

Rebecca Pogany,Development Officer

Lisa M. Stone, Executive Director

David Ward,Legal & Legislative Counsel

xBoar d of dir ectorSX

Heather Andersen

M. Allison Beezer

Johanna Bender

Kristina Silja Bennard

Amanda Brothers, Vice President for Development

Teresa Byers

Laura Clinton, Past President

Barbara Jung Hwa Gangwer, President Elect

Lee Kuo, Secretary

Emily Lieberman

Kathy Matthews

Julie Mayer, President

Tracy Sarich

design by: Tarsha Hall, www.thalldesign.com

T h e e q ua l T i m e s

x x3 3333333333333333333

A publication of the

Contact us:

phone: 206-682-9552

fax: 206-682-9556

web: www.nwwlc.org

email: nwwlc@nwwlc.org

Sav e t h e Dat eBelieve that women have the right to self determination? To be free from discrimination?

To be free from economic oppression? To be healthy, active and safe?

Join Us! Please attend the Northwest Women’s Law Center’s Lobby DayWHEN: Thursday, February 5th, 2009, 10:00 am – 3:00 pm

WHERE: Washington State Capitol in Olympia, WA

Lobby Day is your chance to speak with your State Representatives and Senator about issues that are important to women and girls in Washington, and to tell them where we stand on legislation up for a vote in 2009. They need to hear it from you!

No prior experience necessary – we will provide the information and materials you need.RSVP to Chloë at cphalan@nwwlc.org or (206) 682-9552 x. 102p

(Note from Lisa continued)

W e n eeD your Su pport to W i n the Stor manS caSe !

Beating back bullies has real costs. In order to comply with the subpoena served to the Law Center by our opponents in Stormans v. Selecky,

we’re being forced to hire a paralegal, print and copy thousands of pages of documents, and expend countless hours of staff time.

We’re facing least $19,000 in expenses before the end of 2008.You already know what the Law Center is all about: litigation and advocacy for

women’s legal rights. Working on this subpoena is time-consuming and expensive, but we’re still pursuing justice for women and their families

in the Northwest with our work on women’s right to safety, economic equality, freedom from discrimination and much more.

Will you help us meet this challenge so that we can continue our important work?The details of this case change almost daily and there could be some drastic changes down the road.

Your support will help us be ready to face whatever comes our way.

Visit our website to make a gift and find out the latest developments in the Stormans case: nwwlc.org/difference/PharmacyRefusals.htm

David Ward David Ward joined us in October as our new Legal and Legislative Counsel in charge of gender violence, family

law, and LGBT rights. David has extensive background in legislative work and domestic violence advocacy, and

we are pleased to welcome him onto our legal team.

Laurie Carlson Long-time Law Center friend Laurie Carlsson is the new Receptionist and Volunteer Coordinator. Laurie brings

with her many years of experience working with the public and with volunteers, and we are so happy to have her

at the front desk!

Rebecca Pogany Rebecca Pogany has joined the Law Center as our new Development Officer. Becky has been working in

development for three years, and has raised funds for affordable housing and social justice organizations.

We are thrilled to have her!

Jessica Tseng Fall legal intern Jessica Tseng has been with the Law Center since September. This Seattle University student’s

many talents are in high demand this fall: she splits her time between the Law Center and an internship at a local

law firm.

Jennifer Hill We wished a fond farewell to another fall legal intern, Jennifer Hill from Northeastern University, in early

November. Her many hours of work on our current cases and on the I&R phone line were absolutely invaluable,

and we’re sad to see her go!

Hello and Goodbye

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 4 Fall 2008

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 5Fall 2008

Some things remain predictable: people get sick, people grow older, families welcome

new children into their lives. But lately, with the economy in a downturn, these types of

situations more than ever can create a threat to families’ economic security. When a worker’s

child, spouse, parent, or other family member faces a medical crisis, or when a new baby

enters the family, workers often are forced to choose between providing care for their loved

ones and keeping their jobs.

While federal and state laws guarantee job-protected, unpaid leave for some family and

medical situations, these laws cover less than half of America’s private sector workforce;

workers for smaller businesses (those with fewer than 50 employees) are not protected by

federal or Washington law. And even those employees who do have access to unpaid leave

very often cannot afford to take it. As a result, many families teeter on the brink of disaster,

just one illness away from unemployment.

Women are most vulnerable to these risks. Women are the ones who need maternity leave

and time to recover from childbirth. The U.S.’s lack of minimum paid maternity leave places

our country in the company of only four others, out of 173 countries in a recent study:

Lesotho, Liberia, Papua New Guinea, and Swaziland. In addition, women are more likely to

shoulder caregiving responsibilities for their ill family members. Being female doubles the

chance of experiencing job loss because of family illness. Low-wage workers are less likely

to have access to paid leave, and 59% of minimum wage workers are women. Women also

constitute the majority of part-time workers, and part-time workers are less likely to have

access to paid leave and other employee benefits.

Although businesses and governments everywhere are faced with tough financial choices,

establishing minimum paid leave standards and providing programs for wage replacement

are wise investments for everyone. Among the benefits of paid family and medical leave:

x Paid childbearing and new child leave improves children’s health outcomes. When parents have time to provide essential care for children, children are more likely to be breastfed, reducing the risk of infection; children are more likely to receive necessary immunizations; and more initial bonding time fosters positive children’s emotional development.

xWorkers and their families are healthier. Children recover from illnesses more quickly with parental involvement, and sick workers are less likely to come to work and spread contagious illnesses. Families are also better able to carry out treatment plans and obtain routine care with paid sick days, thus also reducing overall health care expenditures.

x Families’ long-term employment and earning prospects improve. Working parents are able to maintain employment, and women are not subject to paying a wage penalty (fewer lifetime earnings) simply for becoming mothers.

x Employers experience reduced turnover and lower and training recruitment costs. Employees with paid family and medical leave are more productive and less likely to leave their jobs. And replacing workers can be very expensive; even in the low-wage labor market, it can cost 43% of a worker’s annual pay to fill a position and bring a new worker up to full productivity.

The bottom line: Healthy workers can better contribute to returning our country’s healthy economy. Here is a snapshot of some current

federal and state developments relating to family caregiving and work responsibilities:

xWashington’s Family Leave Insurance Program. In 2007, Washington became the second state to create a family leave insurance program. Washington’s law provides employees of companies with more than 25 employees up to 5 weeks of paid leave, at $250 per week, to care for a newborn or newly adopted child. Although the program is due to begin paying benefits in October 2009, the legislature must still identify a permanent funding source. The Law Center and its allies in the Washington Family Leave Coalition are committed to bringing a proposal to the 2009 legislature that will identify a dedicated funding source and that may include expanded benefits for workers caring for seriously ill family members and their own serious illnesses. President-Elect Obama has committed to proposing $1.5 billion in federal funding to encourage states to adopt paid leave systems.

x New Regulations Restricting the Federal Family and Medical Leave Act. In February 2008, the Bush administration Labor Department proposed new regulations that would make obtaining FMLA leave more difficult and cumbersome for employees. The Law Center signed on to comments submitted in April 2008 by the National Partnership for Women & Families and a broad coalition of allies, urging DOL not to enact the restrictive proposed regulations. (For comments on the proposed rule, see http://www.nationalpartnership.org/site/PageServer?pagename=ourwork_fmla_FMLARegulations). While the DOL did limit some of its anti-worker recommendations, the final regulations still make it harder for employees to take FMLA leave by changing certain reporting, certification, and medical requirements; by giving employers more ways to deny or delay FMLA leave; and by making it more difficult for workers to use any paid leave they might have while on FMLA leave.

x Minimum Paid Sick Days. The proposed federal Healthy Families Act and other state and local initiatives around the country seek to guarantee a minimum number of paid sick days, which could also be used to care for sick relatives. Note: Washington’s existing Family Care Act does not require paid sick leave, but does require that employers allow employees to use paid sick leave to care for

sick children and family members.

The Northwest Women’s Law Center has signed on to an agenda for Valuing

Families at Work: Priorities for Federal Action in 2009 and Beyond (initiated by the

Multi-State Working Families Consortium). In sum, the agenda proposes that the

next federal administration do the following:

x Guarantee a minimum number of paid sick days for everyone in the labor force.

x Ensure job-protected and affordable family and medical leave for all workers.

x Ensure all employees have the right to greater control over their work schedules

so they are not penalized for care giving responsibilities.

You can read a copy of the proposal here: valuefamiliesatwork.org/documents/ValuingFamilies_Agenda09.pdf

Spotlight

on pAiD

FA MilY

A n D

MEDiCA l

lEAV E

by Janet Chung

Legal & Legislative Counsel,

Northwest Women’s Law Center

To lear n mor e

For more information on family and medical leave initiatives,

check out these resources:

Economic Opportunity Institute www.eoionline.org

The National Partnership for Women & Families

www.nationalpartnership.org

The Institute for Women’s Policy Research

www.iwpr.org

Do you have a story to share about your need for family or medical leave?

If you are a business owner, what is your experience with family and medical leave?

Send comments to nwwlc@nwwlc.org, subject line: “Family Leave.”

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 6 Fall 2008

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Page 7Fall 2008

volu n t eer profi le : h elen W i n k ler by Laurie Carlsson, Volunteer Coordinator, Northwest Women’s Law Center

Helen Winkler can’t recall exactly what it was that originally brought her to the Law Center.

A champion of women’s rights since the ‘60s, she became a Law Center donor in the ‘80s and upon

retirement decided to donate her time as well. “One of my decisions was I should volunteer at those

places where I donated money,” Helen shares. “I wanted to see that my donations were being used as

I wanted them to be used. The NWWLC has passed my ‘test.’” Having been a young woman during

pre- Roe v. Wade America, Helen lists protecting a woman’s right to choose as the issue she feels

most strongly about. Her passion for women’s rights doesn’t stop there. “There are so many issues

still that it is hard to list them all. But I believe that the NWWLC and organizations like it are the

way that we have to go to get our rights.”

Outside of the Law Center Helen has myriad interests. Among them is volunteering for an organization called ElderFriends, where she visits

with an 86 year-old woman (who will be teaching her how to knit this winter). Helen is currently taking a class in Ancient Egyptian Art, in

preparation for a trip to Egypt she’ll be taking next March. When asked what else she would like to dabble with in the coming year, Helen’s

answers run the gamut, from wine classes to foreign language to learning to play the guitar. Helen feels the need to pass on her insight to the

next generation of women as well. “I also think of getting involved with young girls’ issues. I believe that those who do not know history are

‘doomed to repeat it.’” We wish Helen the best with all of her explorations, but hope that we can keep her on our team for as long as possible.

Thank you, Helen, for the amazing work you’ve done for the Law Center through the years! You are the reason that we are able to do the

work that we do.

V ic tor i e s ! Despite the challenges of a tough economic climate, the Law Center has celebrated a number of victories for women and the Women’s Bill of Rights in recent months:

x Jaime Nared dispute with The Hoop: We claimed victory in our challenge to an Oregon sports facility’s discriminatory policy prohibiting mixed-gender basketball teams. Jaime Nared is a 7th grade basketball player in Oregon who, with help from the Law Center, stood up to a sports facility’s discriminatory rules. By fighting on behalf of young athletes like Jaime, we are leveling the playing field for young women everywhere. We are going to bat for their right to be healthy and active.

x Lake v. Employment Security Department: A Thurston County Superior Court judge ruled that a worker who had to leave his job to care for his dying partner is entitled to receive unemployment benefits. Recently, a Thurston County judge ruled that it was illegal to deny benefits to someone who had to leave work to care for immediate family - even when that family wasn’t married. Dean Lake and Tony Sisneros had been in a committed relationship for 12 years, owned property together, had joint bank accounts, and were mutually dependent on each other financially. Mr. Lake used all of his available sick and vacation leave to care for Mr. Sisneros, who had terminal brain cancer. Mr. Lake’s employer denied him additional leave, so to continue caring for Mr. Sisneros, he was forced to leave his job. Our advocacy persuaded the judge to rule that Mr. Lake is entitled to unemployment benefits – proving that once again, women and men have the right to decide when and how to form and maintain their families.

x Danny v. Laidlaw: The Washington Supreme Court ruled that domestic violence victims cannot be fired for taking time off to protect themselves. With your support, we were able to fight for more than two years to assure that women like Ramona Danny received justice. Ms. Danny, a former employee of Laidlaw Transit, was demoted, then fired, after she took a two-week leave from work to deal with the aftermath of domestic violence. That’s right: Ms. Danny lost her job because she was caring for her injured son, attending criminal proceedings against her abusive husband and moving herself and her five children into a battered women’s housing program. Last month the Washington State Supreme Court ruled that employers cannot penalize the victims of domestic violence who take time off from work to protect themselves and their children. This victory came in addition to the legislation that Ms. Danny and the Law Center had advocated for and the legislature passed earlier this year, reinforcing our conviction that women have the right to be safe wherever they are.

r e ac h i ng ou t to Sen ior S by June Krumpotick, Lead Paralegal & Program Manager

The population over 65 is growing rapidly in Washington State, and is predominantly female with modest incomes.

xWhile 11.5% of the WA population was 65 or older in 2000, it is expected to grow to 12.2% by 2010 and 18.1% by 2030.

xThe majority of Washington’s seniors are women; 57.4% of WA residents 65 or older and 68.8% of those 85 or older are women.

xA high proportion of this population is poor: Senior Services of WA helped more than 56,000 seniors in 2006, of whom 72%

were women, and more than 71% were low-income.

Washington seniors have many rights and resources available to help them protect their health and economic security. But many in this large

and growing population are not aware of their rights, or cannot access the resources they need to enforce them. Last fall, the Law Center’s

Self Help Committee established a new workgroup to address these issues. By January, the Senior Outreach Workgroup (volunteers Breanne

Sheetz, Anne Bradley-Counts, Janne Endreo, and Deborah Dowd) had decided to develop a Senior Handbook, modeled on those in a few

other states. By summer, the project had expanded to plans for a new Legal Wellness Project for Senior Citizens in Washington State.

Through this project, we plan to increase the number of seniors who are aware of their legal rights and options, and connect more seniors

with legal and social services, particularly seniors who are disabled, live in rural areas, or have cultural/language barriers in accessing legal

information and assistance. We plan to:

x Develop and distribute statewide a first-time, comprehensive Senior Handbook for Washington State, a quick reference guide

to state and federal laws and to programs that assist seniors, to be published in English and Spanish.

x Create a Senior Legal Wellness Webpage at the Law Center website.

x Provide Legal Wellness trainings for seniors and family members, caregivers and service providers.

x Offer our free legal information and self help services to more Washington seniors.

x Engage in outreach to increase legal information and services for rural, disabled and immigrant seniors.

x Provide technical assistance to advocates in other states seeking to improve legal wellness for seniors.

We have applied for grant funding to launch this project, but the workgroup has already contacted colleagues for input on the topics we will

cover in the handbook, developed a style sheet and researched readability tips relevant to seniors, collected resources written by other legal

services organizations on specific topics, and started recruiting volunteer attorneys to write sections of the handbook. If this project is fully

funded, we plan to have the handbook ready to distribute by August 2009.

If you have expertise in an area of law that is particularly relevant to seniors and would like to help us with this project, please contact

June Krumpotick at (206) 682-9552.

x x33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333 33333333333333333

Fall 2008Volume 28:2

Advancing Legal Rights for Women

907 Pine Street, Suite 500

Seattle, WA 98101

p: 206-682-9552

e: nwwlc@nwwlc.org

Non-Profit Org.US POSTAGE

PAIDSeattle, WA

Permit No. 2607

Advancing Legal Rights for Women

Double your impact for women’s rights!

many companies offer matching gift programs that double (or even triple) their employees’ contributions to charitable organizations. you can increase your gift to the law center by

requesting a match from your employer for your year-end gift.

contact your human resources Department to find out if your employer provides matching gifts!

Questions? contact us at nwwlc@nwwlc.org