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Women in Non-Traditional Jobs

 

The Department of Employment Security (DES) defines non-traditional jobs for women as “those where 75% or more of the people employed are male, and often provide: (DES website)

  • Higher Pay
  • Good Benefits
  • Career Advancement
  • Job Security

A number of states have vowed to help women become more financially independent by providing them with the training tools and experience to succeed in jobs of this nature.  I am essentially interested in this area because it would potentially enhance the lives of our women and future leaders.

Every week I will bring you a non-traditional role into this blog.  The goal is to tackle any misconceptions about the profession, position, vocation…you get the idea.  Many times we isolate ourselves from opportunities, unfortunately due to our ideas and not necessarily because of the truth.  I will provide at least one source of information to find out more about the role.

Stay tuned!!!!

The Importance of a Business Plan

How many times have you heard about business plans?  If you are part of the corporate industry, you will notice how SWOTs, strategic planning, business development, and essentially “business plan” become part of your regular vocabulary.  In order to achieve success through a business, there must be a step-by-step plan set by the organization.  It is not necessarily to maintain an iron fist on business relations, but rather to ensure there is a goal in common within team members.  Forget about the formalities for a minute; think about your own possibilities if you utilized this same approach to develop your career.  What would happen if you treated yourself as a such? 

The Small Business Administration states that individuals are unable to “eliminate the risks” when pursuing a business venture, but with good “planning, preparation, and insight” the probabilities of failing can become lesser.  A business plan allows people to see the bigger picture.  There are goals, projected outcomes, and even timelines that ensure there is accountability throughtout the process.  The same principles can be applied to a career in development, or as I would say, one that is undergoing remodeling.

  • Your vision - what are the goals and objectives you ”see” under your professional development.  Consider where you would like to see yourself in, let’s say, 5 years.  If you have already started the process, think about a year.
  • Conduct a SWOT Analysis (Strenghts, Weaknesses, Opportunities, Threats) - both internal and external.  For example, you have the education and experience to perform at supervisory level.  Unfortunately, the company prefers to promote its teammembers based on seniority.  The strenghts are what you bring to the table, anything that you have done for the company to improve business relations, etc.  However, the seniority part can be considered an externatl threat.  How would you turn this into an opportunity?
  • Become your objective - do you have what it takes to get there?  If you have made a decision to advance your career, change your career path, etc. then this is your moment.  Do not look back unless it is to assess the areas that need improvement, or weaknesses.  Keep in perspective that weaknesses are nothing but opportunity for growth.
  • Learn more about yourself - anything that can prove your skill in the area is important.  Maybe you do not count with the “paid” experience, but might have volunteered with a non-profit.  Hobbies can also represent a big part of your abilities.  You might be a waiter at a restaurant, a secretary, or a math teacher but your passion for gaming has given you the experience to come up with ideas and even design your own games. 

Success is more of a responsibility than a coincidence.  It takes courage, and understanding to find your purpose in life. 

If A is success in life, then A equals x plus y plus z.  Work is x; y is play; and z is keeping your mouth shut.”                 Albert Einstein (1879 - 1955), Observer, Jan. 15, 1950

Biofeedback

 

Biofeedback 

Biofeedback is normally known as a “treatment technique in which people are trained to improve their health by using signals from their own bodies,” (Bette Runck, National Institute of Mental Health).  However, due to the nature of its principles we can also apply it to the search of a fitting career.  The individual basically becomes more aware of his or her physiological self and is able to apply control to circumstances that produce stress.  Unfortunately, many researchers believe that this is more of wishful thinking rather than a realistic vision.  This might not be a well proven method to overcome “everything” but we can certainly learn to use it to our advantage.

Individuals learn to use relaxation techniques and how to pinpoint factors that give reason to their symptoms of stress.  If we take a closer look at these definitions we will see that we are clearly speaking about making self-assessments.  Any career coach will tell you that a self-assessment is truly necessary in order to find the career of your dreams.  It is almost impossible to enter a fulfilling career without learning about yourself. 

Job searching, career switching, interviewing, and all of those areas are closely related to the rounded effort of finding a job.  I call it “career digging”.  It is already a challenging process, and maintaining a healthy mental-physical state should be considered an essential part of this path. 

Renowned author Richard Nelson Bolles, What Color is Your Parachute?, discusses the findings made by scientist Barbara B. Brown (who made this technique popular in the 70’s).  He explains how there is a three part process to help people make decisions.  I follow author Bolles’ guidelines to the “t” because they have helped me descover who I am and what gifts I can apply to my career of choice.

  • Write “everything you know about yourself, on one piece of paper” - It is imperative that you learn as much as you can about yourself.  It is amazing to see how much individuals don’t know about themselves.  It might seem tedious, but having this inventory will help you narrow down your interests.  Seeing it in paper makes the process more realistic, rather than just knowing it.
  • “Use some kind of graphic” - this is my favorite one because it is fun.  Use pictures, or draw your own.  The point is to get creative!  A graphic can help make this REAL.  If you are a visual individual, then this will be your favorite step.
  • “Put the information in order of importance” - finding that dream career will be so much easier if you can match it to your interests.

Consider biofeedback the way health professionals consider it, a “tool” that can be applied to your process and a way to learn more about yourself.  This might seem like a lot of trouble, but I guarantee you will learn a thing or twothat you never realized before.

Sister Study

 

The Sister Study, the only long-term national study of women aged 35 to 74 whose sister had breast cancer, has met its goal of signing up 50,000 women - but it still needs the help of 9to5 and its members.

African Americans, Latinas, Asian/Pacific Islanders and Native Americans, age 35-74, who have had a sister diagnosed with breast cancer, are still being solicited to enroll as participants in the study.  Also, any woman with a high school diploma or less, and any woman age 65-74, is encouraged to enroll.

Woman by woman and sister by sister, 9to5 members can help researchers discover the genetic, environmental and workplace links to breast cancer.  Visit www.sisterstudy.org to find out if you qualify for the study.  Or, call toll-free 1-877-4SISTER (1-877-474-7837) and a study representative will assist you.

(For further information visit www.9to5.org)

What originated the Lilly Ledbetter Fair Pay Act

Ledbetter, Lilly v. Goodyear Tire & Rubber Co.

Related Links

Docket: 05-1074

Term: 06-07

Appealed From: 11th Circuit Court of Appeals (Aug. 23, 2005)

Oral Argument: 11-27-06

Opinion Issued: 5-4 for Goodyear Tire & Rubber Co. (Alito-May 29, 2007)

Subjects: Title VII, sex discrimination, disparate pay, statute of limitations

Question presented: Whether a plaintiff asserting a disparate pay claim under Title VII against an employer that periodically reviewed and re-established her pay under a facially neutral compensation system may challenge pay decisions prior to the last decision immediately preceding the start of the statutory limitations period?

By Valerie Dowdle, Medill News Service

Lilly Ledbetter was almost 60 years old and on the verge of retiring when she first caught on that she was being shortchanged at work by what her lawyer called a “good old boys” network.

An anonymous letter turned up out of the blue and revealed to Ledbetter she was making substantially less money than male co-workers at the Goodyear tire plant where she worked.

A federal jury would later find she was owed almost $225,000 in back-pay over her 19-year career.

It was 1979 when Ledbetter was hired as a supervisor at Goodyear’s tire assembly department in Gadsden, Alabama. During the first weeks she spent on the job, her wages were exactly on par with those of Terry Amberson, a male employee working by her side.

As in any corporation, Goodyear employees’ wages are hush-hush, so Ledbetter didn’t know her first paychecks matched her co-workers’ paychecks. She just assumed they did.

But by 1998, when the anonymous note turned up, Ledbetter’s annual salary was lagging $15,000 behind Amberson’s. In fact, she was being paid less than all her male counterparts in the tire assembly department, even recent hires with far less on-the-job experience.

Ledbetter filed a discrimination charge with the Equal Employment Opportunity Commission less than a month after receiving the letter, but it was already too late. Title VII of the 1964 Civil Rights imposes a six-month limitations period on discriminatory acts, preventing her from even bringing the claim to court.

But the fiery mother of two just wasn’t content to see the injustice she says she bore go unanswered. In November 1998, Ledbetter filed suit to determine and recoup her losses.

At trial in the Northern District of Alabama, Ledbetter’s lawyers emphasized the disparity between her salary and those of males doing the same job. Two female employees took the stand, offering their own tales of woeful wages, further evidence of a gender-related pay gap in the Gadsden plant.

Such a clear difference between the wages of the sexes could only result from intentional discrimination, Ledbetter’s lawyers argued.

Goodyear’s lawyers countered with evidence that Ledbetter’s poor job performance was to blame.

The company, they argued, took pains to prevent prejudice when handing out raises. In 1982, the Gadsden plant implemented a system that made good raises contingent on good work. Each department manager was tasked with annual evaluations of the employees under his or her supervision.

Based on objective performance measurements and with each employee’s input, the managers ranked each worker in relation to the others. The managers would then recommend raises for those who deserved them.

In practice, the record showed, all but the bottom of each year’s barrel got raises. Consistently ranked among the worst, Ledbetter was skipped over for raises year after year. She was scheduled for lay-offs three times in 10 years.

In 1995, Ledbetter received her biggest raise, a 7.85 percent whopper, thanks to two performance-based awards from the recommending manager. But according to Goodyear, the awards were only granted to hoist her salary to a more respectable level.

And Goodyear had a trump card. Title VII’s timely-filing rule meant Ledbetter’s evidence was limited to events that took place after Sept. 26, 1997, or 180 days prior to her EEOC charge. The rule is meant to foster quick, efficient claim resolution and protect companies from being slapped with lawsuits from long ago.

Still, Ledbetter prevailed and was awarded nearly $4 million dollars in pay and punitive damages, which the judge reduced to $360,000.

“I was just as good as any of my peers,” Ledbetter told the Birmingham News shortly after the verdict was handed down. “I kept believing they would recognize the job performance as it really was and the right thing would be done.”

But her vindication did not last. Goodyear appealed, and the 11th Circuit Court of Appeals’ unanimous opinion tossed out the award and dismissed Ledbetter’s complaint altogether.

Citing the 2002 Supreme Court decision in National Railroad Passenger Corp. v. Morgan, Judge Gerald Tjoflat wrote Ledbetter’s Title VII claim must stem from some discriminatory act, either the issuance of an insufficient paycheck or a manager’s raise recommendation. Either way, the act had a 180-day expiration date.

Because she filed her initial EEOC complaint in March 1998, her claims before Sept. 26. 1997, were time-barred. Tjoflat concluded two decisions affecting Ledbetter’s pay fell within the limitations period, but she had failed to prove at trial that either was guided by gender animus.

Moreover, Tjoflat wrote, individual illegal acts that occurred before the limitations period began cannot be aggregated and introduced to demonstrate intent or to broaden the scope of damages.

Ledbetter’s petition for a writ of certiorari was granted on June 26, 2006.

The justices were being asked to decide whether the limitations period for a disparate pay claim can be extended or disregarded.

“The decision below is wrong,” argued Ledbetter’s lawyers in the petition. “The Title VII limitations period does not provide an employer license to continue pay discrimination in perpetuity whenever an employee fails to immediately challenge the initial pay decisions.”

In an amicus brief, the EEOC contended each inadequate paycheck Ledbetter received amounted to a discriminatory act actionable under Title VII, notwithstanding the time limitation.

The controversy arose in the wake of National Railroad Passenger Corp. v. Morgan, a 2002 Title VII case in which the plaintiff brought claims of a hostile work environment. The limitations period had run out, but the Supreme Court carved out an exception.

“Hostile environment claims are different in kind from discrete acts [of discrimination like disparate pay],” Justice Clarence Thomas wrote for the majority. “Their very nature involves repeated conduct.”

He went on: “The ‘unlawful employment practice’ therefore cannot be said to occur on any particular day. It occurs over a series of days or perhaps years and in direct contrast to discrete acts, a single act of harassment may not be actionable on its own.”

Before Morgan, the circuits were split on this issue, with a clear majority choosing to allow these retroactive claims.

But Morgan muddied the water. Due to its focus on the aggregation of separate occurrences that are not, on their own, unlawful, it confused whether the aggregation of separate illegal actions can be grounds for a retroactive claim.

In their petition to the Supreme Court, Ledbetter’s lawyers pointed to the 2nd and D.C. circuit courts, which considered and rejected the idea that a plaintiff can never bring a Title VII claim based on discriminatory decisions that took place outside the limitations period.

Paul Secunda, an employment law expert and professor at University of Mississippi, believes the Supreme Court will affirm the 11th Circuit judgment.

Secunda said he thinks the Court will require a plaintiff like Ledbetter to state a claim within the time period because “the unlawful employment practice can be said to occur on particular days as opposed to over a series of days or years.”

Such an outcome would provide a clear, bright-line rule and help foster judicial efficiency in hearing and disposing of Title VII cases, Secunda explained.

On the other hand, said Secunda, “Such a decision would probably also hamper other interests served by Title VII, such as the eradication of discrimination from society and providing a remedy for those who have actually suffered discrimination.”

On May 29, 2007, a divided Supreme Court upheld the 11th Circuit�s decision, finding that the limitations period for a disparate pay claim cannot be extended or disregarded.

�Current effects alone cannot breathe life into prior, uncharged discrimination,� Justice Samuel Alito wrote for the majority.

�Ledbetter should have filed an E.E.O.C. charge within 180 days after each allegedly discriminatory pay decision was made and communicated to her. She did not do so, and the paychecks that were issued to her during the 180 days prior to the filing of her E.E.O.C. charge do not provide a basis for overcoming that prior failure.�

While acknowledging that the 180-day deadline is �short by any measure,� Alito reasoned: �This short deadline reflects Congress�s strong preference for the prompt resolution of employment discrimination allegations through voluntary conciliation and cooperation.�

Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy joined Alito in the majority.
Justice Ruth Bader Ginsburg, writing for the dissenters, noted: �the ball is in Congress�s court,� and urged lawmakers �to correct this parsimonious reading of Title VII.�

Ginsburg, who was joined by Justices Stephen Breyer, John Paul Stevens and David Souter, expressed her displeasure with the majority�s holding by taking the unusual step of reading the dissenting opinion from the bench.

The majority�s decision �is totally at odds with the robust protection against workplace discrimination Congress intended Title VII to secure,� Ginsburg asserted, adding: �In our view, this court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination.�

Professor Secunda of the University of Mississippi criticized the majority opinion and seconded the dissent�s call for legislative clarification.

�This decision is inconsistent with the purposes of the Title VII to both make victims of discrimination whole and to eradicate employment discriminatory practices from society at large,� Secunda noted, adding: �It leads to an absurd situation where employees either must bring pay claims prematurely when there is not enough evidence that there has been unlawful pay discrimination or wait to a later time when there exists more substantial evidence of pay discrimination and be barred from bringing such claims by the statute of limitations.�

Attorneys in this case:
Kevin K. Russell
Goldstein & Howe, P. C.
(202) 237-7543
4607 Asbury Place, N. W.
Washington, DC 20016
Party name: Lilly M. Ledbetter

Robert L. Wiggins Jr.
The Kress Building
(205) 314-0500
301 Nineteenth Street, North
Birmingham, AL 35203
Party name: Lilly M. Ledbetter

Attorneys for Respondent:
James P. Alexander
1819 5th Avenue North
(205) 521-8348
Birmingham, AL 35203
Party name: Goodyear Tire and Rubber Company, Inc.

Jay D. St. Clair
Bradley Arant Rose & White LLP
(205) 521-8000
One Federal Place
1819 5th Avenue North
Birmingham, AL 35203
Party name: Goodyear Tire and Rubber Company, Inc.

Related Links:
Supreme Court opinion (May 29, 2007)

11th Circuit opinion (Aug. 23, 2005)

Feature - The Court and 77 cents on the dollar

Brief in opposition of certiorari - Goodyear Tire and Rubber Co.

2002 Supreme Court opinion in National Railroad Passenger Corp. v. Morgan

Lilly Ledbetter Fair Pay Act

Senate Expected to Vote Soon on Fair Pay Bill

Update: On Wednesday, the Senate voted on a motion to advance the Lilly Ledbetter Fair Pay Act, a key bill that would have a major impact on the lives of women who’ve been subject to pay discrimination. While we didn’t get the 60 votes necessary to move to the next big step — scheduling a debate and vote on the bill itself — the fight isn’t over. Tell your Senators the bill deserves fair consideration on the Senate floor.

Background: Women in the United States are still paid only 77 cents for every dollar earned by men. For women of color, the numbers are even worse - African American women earn 63 cents and Latinas earn 52 cents for every dollar paid to white men.

Equal Pay Day - the point in 2008 when the average woman’s wages finally catch up with what the average man earned in 2007 - will be recognized on Tuesday, April 22. To commemorate Equal Pay Day, the Senate is expected to vote soon on a key bill that would make it easier to ensure justice for employees who have been subject to pay discrimination. The Lilly Ledbetter Fair Pay Act would give all employees a better shot at a fair workplace, making it easier to ensure justice for those who have been discriminated against based on sex, race, ethnicity, religion, disability, and age.

The Latest News on the Fair Pay Act:

 

  • NWLC Co-President Marcia Greenberger told CNBC why the Lilly Ledbetter Fair Pay Act is good for business. Watch the video.
  • Sen. Ted Kennedy appeared alongside Lilly Ledbetter on CNN to discuss the importance of the bill. Watch the video.
  • The Washington Post and New York Times both came out with editorials in support of the Fair Pay Act.

For more information on this matter, go to the National Women’s Law Center at http://www.nwlc.org/fairpay/index.html

Should I Stay or Should I Go

 

You probably love your career of choice; it is exactly what you always wanted to do.  The hardwork of going through college to attain that education, and even working on an advanced degree gave you the ability to step safely on the ground.  The earning potential is tremendous, and you have thrived beyond your own expectations. 

This seems like the perfect success story; but what happens when you loose interest?  It happens every day, even to the most successful professionals at the very top of their game. 

Then one day, REALITY strikes mercifully and we realize how bored we are.  I would compare this to a runner’s injury called Iliotibial Band Syndrome.  The pain occurs normally half-way through the run or towards the end of the run.  There are several causes, but the one I will highlight here is running on a circular track.  Doctors often recommend a reduction in training and the addition of stretches.  We see how the lack of variety in the athlete’s routine can bring bigger issues; therefore, changes become the best recommendation to fix the issue.

The same goes for your career.  Variety is essential for people to continue thriving.   Hitting a rut is detrimental to anyone’s health because it takes a toll on our focus and even on our bodies.  Recommendations to avoid this will fluctuate anywhere from asking for more responsibilities, setting up different goals, switching careers, and even taking a vacation just to name a few.  The problem might be simpler that you believe; so don’t start changing your career just yet.  Today I will make a very different recommendation. 

  • Fall in love again.  No, I’m not talking about starting an office romance.  This would probably get your fired or a sexual harrassment complaint.  Something made you fall for this path, so why settle for a divorce right away?  Try reminding yourself about what exactly made choose this area, why are you working for this firm?  What exactly made you hire the company?  Please remember that the hiring process went both ways:  the hiring manager knew you were the right fit.  However, you also knew this company was the right one for you.  Be an on-the-job-thrillseeker and examine your options.

 

  • Post it on the calendar.  You got this right; write on the calendar a specific date when you should feel satisfied.  Stress might try to take over if you don’t set a standard.  Events coordinators maintain calendars to ensure they meet deadlines.  They know exactly what needs to be accomplished, and how to get there.  Why not try the technique with your career?  This will keep you focused on the goal; keep your eyes on the prize. 

 

  • Question the job.  Are you able to release the “creative” you?  Can you offer new ideas without fear?  Are your supervisors willing to listen?  Lack of creativity might be one of the reasons you feel this way.  Ensure that your entrepenurial spirit maintains its light. 

At the end, if you feel the date has come forward and you are still unhappy, it might be time to move on.  Switching jobs is the last thing I would recommend to anyone, but if there is no fire in your current job relationship, then this might be the only way to change your situation.  Please do not move without ensuring you have assessed all the areas starting with yourself, and moving on to those with the power to change your situation.  Moving on sounds challenging, but this might be the missing spice in your professional life.

Extreme Yoga Poses

One of the first questions people ask me about my yoga practice is if I can do “crazy things” with my body. This is one of those, allow me, “crazy” misconceptions about the practice. To many, yoga becomes nothing more than a circus show. While I am not against a circus act, which I respect deeply, the two should never be confused.

However, with this post I seek to feed the eye of the curious and those who are in love with the practice. Enjoy!

 

 

 

 

 As usual, share your stories and pictures.  These are some of my favorite pictures.  Be blessed in your journey!

Let’s fight Breast Cancer together!

I’m participating in the Susan G. Komen National Race for the Cure®.

Susan G. Komen for the Cure® is the world’s largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures.

$3 million of the funds raised through the 2007 Race remained in the Washington, DC, community – including metro-area counties in Virginia and Maryland – to fund outreach programs and initiatives that address the specific unmet breast health needs of the area. Washington, DC, has the highest breast cancer mortality rate in the United States.

Did you know?

• Three basic screening methods are used to detect breast cancer: mammograms, clinical breast exams, and breast self-exams.

• Men are also at risk for developing breast cancer?

• Having no children, or a first child after age 30, are among some of the risk factors for breast cancer?

As part of the Race, I’ve created my own Personal Pledge Page where you can make a pledge of $25, $50, $100 or any amount. Simply follow the link below or you can visit www.nationalraceforthecure.org. Click “Registration” then “Pledge to a Participant” (left side) and search for my name.

Or click “Registration” and then “Register Now” (left side) and join me for the Race itself, taking place on Saturday, June 7, 2008.

Thanks for all your support!

Raise your voices for healthy choices
I AM THE CURE. ™

Detoxify with Yoga

Yoga happy!

Turn on your television and you will see that detoxification has attained almost as much attention as fad dieting.  Everything from “reshaping” to “natural cleansing” can be heard from such commercials.  Most of these products promise to do miracles with you, and plenty times we fall for their advertisements.  However, I am not going to be another individual telling you that these are all false claims.  I do believe there is a lot of products that DO work; but if you are looking for a fully natural way of doing this, then I have some ideas for you.

My personal choice promotes wellness while increasing your self awareness.  I have been practicing detoxification through yoga for three years now, and would not change my choice for anything.  Below I have provided you with illustrations of some of the positions that I personally use to attain the detox effects.  Please ensure you speak to a doctor before trying any exercise program.  All of the shown illustrations were taken from the Yoga Journal (www.yogajournal.com), a great source of information.

 Legs-up-the-Wall pose

Legs-up-the-wall

Revolved Triangle (Abdomen) pose:

Revolved Triangle

Half Lord of the Fishes pose:

Lord of the Fishes

Camel Pose:

Camel

Reclining Hero pose:

Reclining hero

Bridge pose:

The bridge

Restorative twist:

Restorative bridge (modified)

Tune into www.yogajournal.com for more information on each pose.  Remember that pretty much every yoga pose can be modified to fit individual fitness standards.  Yoga should never be painful. 

Please feel free to share your own yoga detox positions and comment on this pose.

Be blessed!