May 2014 Moms
gutsysneakers
member
Ahhh, sexism & backwards thinking at its finest.
gutsysneakers
member
Sadly, this is not an Onion article.
https://abovethelaw.com/2014/10/judge-refuses-to-postpone-hearing-because-maternity-leave-isnt-a-good-enough-excuse/
https://abovethelaw.com/2014/10/judge-refuses-to-postpone-hearing-because-maternity-leave-isnt-a-good-enough-excuse/
M14 January Siggy Challenge: Resolution I have no intention of keeping...SHOPPING LESS!
TTC: 8/13; BFP: 9/11/13; EDD: 5/15/14
DD Born @ 40+4
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Re: Ahhh, sexism & backwards thinking at its finest.
I'm curious if she knew what the court dates were going to be when she took on the case. If she knew and just expected the judge to work around her anyway I do think it is a bit much. I also wonder if she could have had another lawyer fill in for her from her practice.
I declined a few projects that would have had to be presented during the time I was planning on being on maternity leave because I knew I would not be able to make it happen without having others bend over backwards for me.
Edit - I just reread the article. The lady is solo so she couldn't have had someone else step in, but she did know what the court date was before she took on the case.
That One Gal From Alaska
The rest of the topic notwithstanding, I'd love to know how one can just form a support system. Like that. As if it hadn't occurred to her. I know I need one, but I can't exactly approach randos at the grocery store about it. I'm actually in a tight spot with work for this very reason, and my only solution right now was to tell my husband to offer whatever amount of money it took to get someone from his work to come entertain our baby for a couple of hours after work tomorrow.
That One Gal From Alaska
The rest of the topic notwithstanding, I'd love to know how one can just form a support system. Like that. As if it hadn't occurred to her. I know I need one, but I can't exactly approach randos at the grocery store about it. I'm actually in a tight spot with work for this very reason, and my only solution right now was to tell my husband to offer whatever amount of money it took to get someone from his work to come entertain our baby for a couple of hours after work tomorrow.
I understand you can't just make people appear but she interacts with other lawyers, people in her office, and a lot of other places to get to know people. Also, there are ways to find reliable sitters. I'm sure she could have had her secretary sit outside the courtroom with the baby for the short time she would have been in there. Strapping the baby to her chest wasn't her only option.
First, an attorney cannot just jump into another case and pick it up. It doesn't work that way. You have to know the case. And it isn't just about attending the hearing...many times hours and hours of preparation go into it. A woman should not have to worry about that just a few weeks after having a baby.
Second, continuances are asked for and granted ALL.THE.TIME for reasons much less drastic than having just had a baby. Sometimes attorneys ask for continuances simply because they are busy with other cases and don't have time to prepare. They are common and no big deal.
Fortunately, I do agree with pp who said that this would be a complete and utter NON-ISSUE with 99.9 percent of judges (as it should be) because most judges would not hesitate to continue a simple hearing for a maternity leave. Most judges would not hesitate to continue an entire trial for a woman having had a baby. In fact, I have never seen or heard of a continuance for this reason being turned down...which is probably why this made the news!
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
Again, I just can't with some of the comments in this thread. I am so glad that I don't work for or with some of the posters. I guess this is why the stereotypes is that females are way harder on other females than men are on women.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
I feel like underlying all this is the idea that working moms should just get it together, figure it all out themselves, and heaven forbid if they need any accommodation. And then we wonder why so many women find it impossible to work and raise their kids. At the least, moms should support other moms trying to make it work.
As an attorney who practices litigation, it is not a big deal at all to get a continuance. In fact, I have never seen an unopposed motion for continuance (which this one was) NOT be granted. Ever. This judge was being a prick. Period.
I have seen so many fellow female attorneys leave the field of law after they have kids. Women who were excellent attorneys. The last thing any working Mom needs is other women sitting in judgment on what is or is not an appropriate excuse for something that is common practice for men to do all the time...especially when we are talking about a woman who is 5 weeks post-partum.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
This is sexist because it is common practice in the legal profession for judges to reset hearings (especially when they are unopposed) for any minor reason whatsoever. There can be dozens of hearings in a case before its conclusion. It is not a big deal to reset a hearing. I have even seen judges reset hearings because attorneys were stuck in traffic before. To not reset a hearing because a woman just gave birth is basically him saying that childbirth and recovery from that (a situation that IS unique to women) is basically him downplaying the importance of that and perpetuating the negative stereotype that this is not only unimportant to our society, but that a woman should just be ready to go as soon as she leaves the hospital.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
Not sure why she'd want public attention, when she was humiliated...
DH is an attorney...hearings reschedule all.of.the.time - it's part of the job. DH said this judge (he does not know him) is very much in the wrong and he said he's sure the judge will have backlash and be reprimanded for being a dick.
Well, he in fact cited both reasons for his denial. "No good cause" and hearing date set prior to accepting representation. Again, in the legal field, it's very common to accept a case and then file a motion to continue to familiarize yourself with the case, or because you have other matters set for the same time, etc., so for her to assume he was going to approve it, is not unreasonable.
Seems to be like he just wanted to abuse his authority.
Honestly, I don't see how any of this has to with sexism or taking a step backwards. Was the judge being an ass? Yes. Was he overstepping his boundaries? No.
That One Gal From Alaska
Jurors will bring their kids sometimes, too...they usually get excused. In fact, in Harris County (Houston), being the full-time caregiver of a young child is an excuse that will get you out of jury duty.
Here is where the sexism comes into play: This isn't just about the fact that she could not get childcare. She was only 5 weeks post-partum. She had not even been released by her doctor to presume normal activities. Would this judge have denied a continuance as not a good excuse if a male attorney had had open heart surgery in the prior weeks? Or because he had some other major surgery or illness? Or because was having chemo? I doubt it. I HIGHLY doubt it. So why is child birth any different?
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
With respect to the former, America has some of the worst maternity leave laws. I think I read a statistic just the other day that only about 10 percent of women receive some paid maternity leave...that statistic is abhorrent and reflection that we don't value those (i.e. Mothers) who invest in the future of our country. Many other women don't qualify form FMLA and get no leave (paid or unpaid) at all. Further, we have some of the highest incidences of child-birth (and after birth) related fatalities among first world countries despite having some of the best medical care. I don't have specific stats, but I would be willing to bet that at least some of that is related to women pushing themselves to do too much too soon and not giving themselves proper time to heal.
When you make it difficult/impossible for Mothers to work, you lose valuable members of our workforce. It isn't good for our economy or our country as a whole. And it isn't good for the individual family unit.
Likewise, when you force women back into the workforce before they are emotionally or physically ready--in a time period when they should be concentrating on healing and bonding with their child--you fail to invest in our children...in the very future of our country.
So how is all of this relevant to the situation at hand? Here we have an example of a member of our JUDICIARY---a leader in the community by an definition of that word--basically perpetuating all of those bad things I said above with his outdated views. In my mind, that is unacceptable and something that every mother -- working or not -- should be upset about.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
I like to think of myself as a very compassionate person. However, I don't want taken advantage of. I will get pissed when someone makes plans and just assumes I will adjust my schedule accordingly. I'm guessing this judge is the same.
I would hands down agree with you if she was told she would not have a job had she not taken this case even though she was about to have a baby. Nobody forced her to take a case that would result in her having to figure out a way to show up in court right after having her baby. She made that decision on her own. Judge's can move dates, but they are not required to.
That One Gal From Alaska
I cannot agree nor disagree in regards about her money situation. I know a few truckers who make good money, and I know a few who are not. The article says nothing about their annual income. For all I know they have made a couple good investments and are rolling in money, or they could be barely scraping by.
That One Gal From Alaska
Oh and you effectively saying you would not being willing to make a small accommodation to your schedule for a new mother doesn't make the judge right. It just makes you wrong, too.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge: