Breastfeeding in the Workplace

Good morning! Today on The Feronia Project, we’re featuring a guest post from Kevin Sanderson, an employment attorney, talking about discrimination against breastfeeding in the workplace – and the efforts that the federal government is making to make it stop.

There has been an angry reaction to news of a recent U.S. southern Texas federal judge’s decision to dismiss a discrimination case brought by the Federal Equal Employment Opportunity Commission A mother balancing baby bottle and briefcase.(EEOC) on behalf of Donnicia Venters, who was not allowed to return to her job after giving birth, after she asked her employer about accommodations for breastfeeding in the workplace.

Ms. Venters left work December 1, 2009.  She gave birth on the 10th.  She suffered an infection from her caesarian birth that delayed her return to work and was not cleared until February 16 to return to work by her doctor. She told her employer that day she wanted to come back. She was fired February 10. The letter informing her of the termination was not sent until February 20.  The judge did note that Ms. Venters spoke with co-workers for a total of 115 minutes during a 30 day period while she was recovering from complication, She had not yet been cleared by her doctor to return to work but consistently told co-workers she wanted to and would return to work.

Pregnancy discrimination is rampant. So is family responsibility discrimination, which is what I believe this ultimately was.  This can happen to anyone: a spouse, parent, child, etc. who needs to care for an immediate loved one but also needs to be able to stay employed over the long term.  I think the “mistake” this 6 year employee made was informing her employer she was going to continue to be a “problem” after already taking medical leave for the pregnancy. (This is worth highlighting as any complication before or after a pregnancy or any other health related issue can easily cause a person to miss more than the twelve weeks a company may be mandated to hold the job open for the employee.)

The EEOC should be applauded for filing this case in the first place.  It appears they were trying to use this as a test case to establish precedence for the right to breastfeed in the workplace and the results backfired.  EEOC attempts to do good work with what resources they have, but they are notoriously and intentionally underfunded.  (Remember, this is the agency Ronald Regan appointed Clarence Thomas to prior to his appointment to the U.S. Supreme Court by George H.W. Bush – and it’s also where he worked with Anita Hill.)

Many people probably don’t realize the EEOC brings very few court cases compared to the large number of charges of discrimination they receive from employees every year.  They use their limited resources to go after the largest employers (such as Walmart) and rarely take cases on behalf of only one employee.  They must have felt this case was important enough to do so.

There is reason to believe that the EEOC wanted to highlight this topic. They recently held a public hearing with a panel of experts in D.C. on Unlawful Discrimination Against Pregnant Workers and Workers with Caregiving Responsibilities. The EEOC stated in its related press release that “Despite Laws, Guidance and Willingness to Work, Many Pregnant Women and Caregivers are Denied Job Opportunities, Workplace Modifications, Leave, and Equal Treatment.”

Kevin Sanderson is an employment attorney representing employees alleging discrimination in the workplace. He can be reached at (941) 244-0468 or at http://www.srqattorney.com.

Shit Girls Say: One Big Gender Stereotype

This week one of our editors suggested we take a look at the currently viral gender meme: Shit Girls Say, and the train of spin-offs of “things X say… to Y.” I was particularly excited with this assignment, since I though it was an interesting opportunity to showcase people “doing gender,” in hopes of better explaining what gender actually means.

Gender, as we’ve previously discussed, are a collection of attributes, both physical manifestations and social behaviors, that are assigned (traditionally) to either a MAN (assumed as male with penis) or a WOMAN (assumed as female with vagina). These assigned roles, norms, and values sculpt the cultural landscape of how “men” and “women” “should” or “do” act.

So, Shit Girls Say is a primary example of gender stereotyping, specifically about how white (seemingly middle-class) women act. I went into the videos expecting to be more offended than I actually ended up being.

So, take a look at the video that started all the meme-ory, then I’ll break it down.

Here are the norms I saw parodied:

1. “Girls” don’t understand computers
2. “Girls” ask for a lot of “huge favors”
3. “Girls” talk about their sleep intake (personal care)
4. “Girls” keep things in their purses (purses are a feminine-gendered bag)
5. “Girls” second guess themselves
6. “Girls” want you to listen to them
7. “Girls” make expressive faces/body language
8. “Girls” are excited to meet with their friends
9. “Girls” scream and jump with excitement
10. “Girls” complain
11. “Girls” try on clothes
12. “Girls” like matching their friends
13. “Girls” care about the way they look
14. “Girls” gossip
15. “Girls” are inconsiderate/loud chip eaters

I can’t say I’m surprised or really too offended. In reality, I’ve done everything on this list and it doesn’t make me incompetent or inferior. I’ve also known many men who have taken on these same behaviors – they’re just interpreted by society differently. Unfortunately, these videos exist in a media landscape that already degrades, dehumanizes, and demeans women and pits them against one another. When women and the things they do are portrayed as “silly,” society will continue to subjugate their intellect and perceived competency, further justifying patriarchal order. (Remember a few years ago when people kept saying that America wasn’t “ready” for a female president? Where do you think nonsense ideas like that stem from?)

I will say, I am grateful for this video because it has evoked some much-needed discourse surrounding racism and xenophobia through spin-off videos, like Shit White Girls Say… to Black Girls and Shit White Girls Say…to Arab Girls. In a society where so many talking heads are claiming that we are a post-racism country, this viral push-back was more than needed.

Overall, my hope is that videos like these, like them or not, get discussions going that will examine oppressive stereotypes and progress us toward a more understanding, accepting, and inclusive society.

Outdated: Binary Categories of Sex and Gender

Today is a guest post from one of the other members of our affiliate, who has a background in sociology, that wanted to share something creative with the internet.

One of the most informative and compelling factoids that I have ever heard regarding the difference between sex and gender states that, “sex is between your legs, gender is between your ears.” This idea immediately stuck with me because it did an excellent job of summing up some of the basic differences between sex, a category of biological distinction, and gender identity, the byproduct of social and cultural influences and power relationships. Up until the mid-1950s, the notions of sex and gender were used interchangeably. They both served to categorize people in a binary system; you were either a man, or a woman. You were either masculine or feminine. Without a doubt, these models are extremely outdated. People and their interactions just aren’t that simple.

Biological sex refers to the organs, chromosomes and hormones that you possess and can measure objectively. Being a male means having an Adam’s apple, testes, a set of XY chromosomes and, if everything works correctly, the ability to impregnate females. Being female means having a vagina, ovaries, a pair of X chromosomes, and the ability to bear children. However, models which suggest that every Homo sapien falls neatly into either one of these categories exclusively is outdated and overly simplistic. These models fail to recognize the existence of millions of intersexed individuals, whose sexual or reproductive anatomy doesn’t fit binary definitions of male or female. According to the Intersex Society of North America, “Intersex is a general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male.” For more information regarding the prevalence of intersex, I suggest visiting this informative website.

For example, an intersexed individual might appear to be a female on the outside, but has mostly male anatomy. Or a person might be born with genitals that seem to be in between the usual male and female types. A boy might be born with a noticeably small penis, or a girl might be born with a noticeably large clitoris. Sometimes these differences won’t manifest in a person until they hit puberty; sometimes they won’t go noticed at all.

Dichotomous categories that lump people into one or the other are a product of our language, worldview, and the institutionalization of these ideas – which is to say, these classifications aren’t inherent or innate. We just see them reproduced every day, which normalizes our culturally acquired view of society. What makes these categories so compelling, and so seemingly natural, are the routine mechanisms embedded in society which enforce this type of thought. We experience these categories every time we use public restrooms marked ‘men’ and ‘women.’ We encounter it in print on official documents from the United States government, on the federal and state level, where we have to mark whether we are a man or a woman. People that would fall under the category of intersex get left out entirely. This is no fault of their own, but instead, a problem of the way that we think about biological sex in relation to one another and the ways in which these thoughts translate into action in the public sphere.

Like biological sex, gender identities are enforced by the categories of ‘men or women,’ ignoring the reality that there are millions of gender-queer people that don’t fall into either category. Gender-queer is a term indicating an individual doesn’t identify exclusively with the expectations and social norms associated with being a man or a woman. Some gender-queer also identify as transgender. There are two main components of gender, its ideological construction and a behavioral component. Gender is constructed ideologically when men and women believe that certain qualities characterize one gender rather than another. Gender is constructed behaviorally in the activities men and women do, the way they do them, and the way they are experienced during interpersonal interactions. This is a great resource for relating to the concepts of sex, gender and sexual orientation.

Men and women make themselves by actively constructing their gender identities within a social and historical context, defined largely by cultural norms and power relationships. Gender gets expressed by individuals through a performance of symbolic gestures learned through previous interactions, called scripts. One’s sex might be male, for example, but his gender identity is developed through a complex process of interaction with his culture, where he learns which gendered scripts are considered to be appropriate to his culture, and in his attempt to modify those expectations to make them attainable to him. Your gender identity is actively forged by the behaviors you engage in, and how you think about yourself in relation to those around you. How you perceive yourself regarding the societal roles of ‘woman,’ ‘man’ or somewhere in between the two is your gender identity.

The problematic aspects of having binary systems of categorization regarding an individual’s sex or gender comes from the fact that they implicitly create and subsequently disempower the people who fall into these categories. By presenting these fallacious dichotomies and regarding them as being legitimate and ‘natural,’ millions of Americans become regarded as ‘unnatural.’ These dehumanizing categories are still heavily stigmatized; something which can affect people’s interpersonal relationships. Like we discussed in earlier posts, people identified as being in nontraditional categories can be met with vehemence and violence. This type of foul behavior, stemming from ignorance and prejudice, cannot be tolerated on any level. People’s sexual and gender-related differences are natural, and they should be accepted with open arms and a greater understanding.