2008 Winter Advancesheet
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A Newsletter Published by Oregon Women Lawyers Volume 19, No. 1 Winter 2008 OWLS Recognizes Two Firms with Workplace Leader Award By Hon. Darleen Ortega and Paul Edison-Lahm n November, OWLS bestowed its 2007 It is no accident that both firms have managed President Workplace Leader Award on two law firms— to retain a proportionately high number of Kellie Johnson Farleigh Witt and women who are having Vice President, I President-Elect Bodyfelt Mount Stroup and raising children, Laura Caldera Taylor & Chamberlain. The and that these same Secretary award recognizes women have become Heather Van Meter innovative legal em- leaders in their firms. Treasurer ployers who actively Moderate billable Gwyn McAlpine promote the ideals Historian that are important hour expectations Alice Bartelt to OWLS members, In many, if not most, Board Members including maintaining law firms with a similar Sally Anderson-Hansell Nancy Cook a healthy work/life client base, a minimum Nicole DeFever balance, acquiring and billable hour goal of Dana Forman maintaining a diverse Photo by Jodee Jackson at least 1,800 hours Bethany Graham Shari Gregory workforce, and maxi- Attorneys from Farleigh Witt at the Nov. 2 event a year is the norm, Cashauna Hill mizing oppor- and often the Julia Markley expectation Hon. Adrienne Nelson tunities for Leslie O’Leary women and is that attor- Kathleen Hansa Rastetter minorities to neys will bill Concetta Schwesinger Cathey Susman succeed in significantly Hon. Katherine Tennyson the workplace more than the Heather Weigler and advance minimum. For Jane Yates to positions of two decades, Past Presidents influence and however, Far- Norma S. Freitas Kate A. Thompson Wilkinson leadership. leigh Witt has Jennifer K. De Wald The awards maintained a Sarah J. Crooks standard an- Elizabeth Schwartz were accept- Lori E. Deveny ed by Body- nual billable Debra Pilcher Velure felt partner Photo by Jodee Jackson hour expecta- Marilyn E. Litzenberger Attorneys, staff, and friends of Teresa M. Kraemer Deanna Wray Bodyfelt Mount Stroup & Chamberlain at the reception tion of 1,620 Patricia L. Heatherman and Farleigh hours a year, Julie Levie Caron Witt shareholder Karen Saul at a reception fol- and that is what most full-time attorneys actually Phylis Chadwell Myles Helle Rode lowing the OWLS Fall CLE on November 2 at the bill. Attorneys who work more are paid more, in Diana Craine Governor Hotel in Portland. Bodyfelt is located proportion to hours billed, but only up to 1,850 Kathryn M. Ricciardelli in Portland, and Farleigh Witt has offices in hours. After that, attorneys are not entitled to Agnes Sowle Katherine H. O’Neil Portland and Sisters. additional compensation, a practice that reduces the incentive to hoard work and influence, and Executive Director Both law firms have cultures that result from Catherine Ciarlo, 503.595.7826 the conscious choice to favor professional fulfill- that enhances the incentive to share work among catherine@ ment over maximizing profits. “Our founders all the firm’s attorneys. oregonwomenlawyers.org had the philosophy that you can’t be a good Similarly, at Bodyfelt, there is no set billable AdvanceSheet Editor trial lawyer if you’re not living a full life,” says hour requirement. Attorneys are encouraged to Elise Gautier, 503.292.2893 [email protected] Deanna. Both firms have moderate billable hour enjoy a good quality of life, which, in turn, results The AdvanceSheet is published expectations, openness to flexible hours and in better productivity and a high-quality work quarterly by Oregon Women part-time work, and transparent management product. “We never expect anyone to put work Lawyers, P.O. Box 40393, practices that give women a meaningful voice. Continued on page 6 Portland, OR 97240. OREGON WOMEN LAWYERS AdvanceSheet 1 WINTER 2008 President’s Message id you hear The five justices who joined in the more than female equity partners.” At Dthat? That Ledbetter v. Goodyear decision appeared firms with high hours requirements, sound was the to have ignored the defacto impact of the disparity between the male equity chipping away pay discrimination. The majority rejected partners’ pay and that of their female of the rights se- the view that each paycheck that reflects counterparts is even greater.2 We, women cured to women, the initial discrimination is itself a dis- lawyers, need to take a united stand and people of color, criminatory act that resets the clock on address this issue NOW! and other dis- the 180-day timetable, the time period Justice Ginsburg’s passionate and poi- enfranchised commonly known in the employment gnant dissent in Ledbetter v. Goodyear workers since sector as “paycheck accrual.” Justice has sparked a national call to action Kellie Johnson the 1964 enact- Alito wrote that “current effects alone spearheaded by the National Women’s ment of Title cannot breathe life into prior, uncharged Law Center. The National Conference VII and the 1972 enactment of the Fair discrimination.” Finding that the case was of Women’s Bar Associations, the Na- Pay Restoration Act. The United States easily decided on the statute “as writ- tional Women’s Law Center, and count- Supreme Court’s decision last May in ten,” the majority rejected arguments less women’s bar associations across the Ledbetter v. Goodyear Tire & Rubber Co. regarding the real-world effects of pay nation were signatories to a resolution held that employees may not bring suit discrimination as a “policy argument” to persuade Congress to enact S.1843, under Title VII, the principal federal anti- without support in the plain language the Fair Pay Restoration Act. The Fair discrimination law, unless they have filed of the statute. Pay Restoration Act would reinstate the a formal complaint with a federal agency What about the real-world effect? The “paycheck accrual rule,” under which within 180 days after their pay was set. fact is that most people who draw a pay- each identified discriminatory paycheck The timeline applies, according to the check don’t know if or when they received would count as a separate and distinct decision, even if the effects of the initial less pay. In the real workplace, it is taboo act of discrimination that would trigger discriminatory act were not immediately to discuss one’s salary, bonuses, or raises. a different 180-day statute of limitations apparent to the worker and even if they The fact is that many women and people under Title VII. continue to the present day. of color don’t, or rarely, question the Did you hear that? Can you hear the The opinion, written by Justice Samuel amount of compensation they receive for chipping away? Do you hear the call to ac- A. Alito, Jr., effectively made it all the fear of causing a problem, being labeled tion? What will you do? Check out www. more difficult, if not impossible, for angry or disgruntled, and jeopardizing nwlc.org and let your voice be heard. women and people of color, who are most the very job they so desperately need. Respectfully, often the victims of pay discrimination, What about the secrecy and complacency to sue their employers under the federal of employers who conceal discriminatory anti-discrimination laws for pay discrimi- practices? What about that? nation. Justice Ruth Bader Ginsburg led What does this mean for us, women the dissent and, speaking directly from lawyers? Women lawyers are not immune Kellie Johnson, OWLS President the bench, stingingly remarked, “In our to pay discrimination. We may not be in a view, the court does not comprehend, fight for a $0.50 raise on our $10.00/hour or is indifferent to, the insidious way job, but we still have not obtained equal 1. Robert Barnes, “Over Ginsburg’s Dissent, in which women can be victims of pay pay and equal value in our profession. The Court Limits Bias Suits,” The Washington Post, discrimination. Title VII was meant to National Association of Women Lawyers May 30, 2007. 2. National Association of Women Lawyers, govern real-world employment practices, reports that as of March 2007 “male of- National Survey on Retention and Promotion and that world is what the court today counsels earn roughly $20,000 more than of Women in Law Firms: November 2007, 1 ignores.” In her dissenting opinion, females, male non-equity partners earn www.abanet.org/nawl/docs/FINAL_survey_re- Justice Ginsburg invited Congress to roughly $27,000 more than females, and port_11-14-07.pdf, a survey of the nation’s overturn the decision. male equity partners earn almost $90,000 200 largest law firms. OWLS Seeks Candidates for Board of Directors his spring, the 21-member OWLS actively on at least one working com- take office in May 2008 for a three-year TBoard of Directors will have several mittee. term. Meetings are held eight times a openings. If you would like to play a As a statewide organization, OWLS is year on Saturday mornings. leadership role in OWLS’ work trans- actively seeking board members from If you would like to help guide OWLS forming the practice of law, consider outside the Portland metro area. Re- through the coming years—and form serving on the board. Board members gional representatives serve as liaisons valuable connections with other attor- provide financial oversight and strategic to our chapters and help OWLS under- neys around the state in the process— direction, helping to shape the future stand and serve the needs of women please contact OWLS President-elect of OWLS policies and programs. Each attorneys around the state. Board elec- Laura Caldera Taylor at 503.228.6351 board member is asked to participate tions take place in April; new members or [email protected]. Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.