Purpose:
AAUW’s Legal Advocacy Fund was conceived and implemented as a fund
that aggregates member contributions for investment in activities
that prevent and combat sex discrimination and promote gender
equity.
Concept:
The establishment and implementation of LAF reflects AAUW’s
philosophical commitment to advancing gender equity that is well
captured in our new Value Promise:
By joining AAUW, you
belong to a community that breaks through
educational and economic barriers so that all women have a fair
chance.
Approach:
Over the years, the LAF implementation strategy – to provide
members resources, tools, and tactics to address a wide range of
gender equity challenges through a three-pronged strategy:
- Building an extensive online resource library of accurate
background information, legal facts, statistics and credible
outside resources on issues of sex discrimination.
- Creating LAF Campus Outreach Programs as AAUW Branch-Campus
collaborations to prevent, identify and combat sex
discrimination, advance gender equity and empower women to
protect and advocate for themselves.
- Providing financial and moral support for legal cases
involving gender equity through:
- Financial case support for plaintiffs in sex
discrimination cases in the educational arena;
- Moral support for plaintiffs seeking redress for workplace
discrimination, such as, Lilly Ledbetter, with whom AAUW has
worked tirelessly on Capitol Hill for passage of legislation
to restore the rights of pay discrimination victims decimated
by the Supreme Court’s decision in
Ledbetter v. Goodyear Tire
and Rubber.
- Expertise support – AAUW participates frequently as amicus
curiae in cases affecting women’s rights specifically and
civil rights generally arising in a wide array of settings.
Summary of the LAF Transition:
For the past three years, AAUW has been engaged in a Strategic
Process (SP); the future of LAF has always been a feature of this
process.
- The SP has involved extensive input from members (25,000
pieces) and professionals (consultants in organizational
dynamics and viability, legal, etc.) provided to inform the
Boards for their action at the February 2008 Joint Board
Meeting.
- The Spring Outlook 2007 included an insert announcement
alerting members to SP discussion at the Convention, and a
subsequent Fall Outlook article further elucidated issues for
the membership.
- At the February 2008 Joint meeting of the AAUW and
Educational Foundation Boards, the decision was made to
transition LAF to a strategy consistent with the guidance of
members and the AAUW Strategic Priorities and that aligns more
closely to our Value Promise of breaking down
educational and economic barriers so that ALL women have a fair
chance.
Actions of the EF Board with respect to LAF: (LAF
had already been moved to the Foundation, making the EF Board the
voting body.)
- Staff will work with branches to expand the marketing of
Campus Outreach Programs to encourage more branches and colleges
to participate.
- Staff will continue to expand the online LAF Resource (FMLA
is the next priority area).
- LAF will continue direct case funding support for current
plaintiffs under existing procedures through December 31, 2008,
but will not post for new plaintiff applicants and will not
review any current new applicants.
Programmatic elements:
Current and past plaintiffs:
- LAF will continue funding current LAF plaintiffs under
established distribution procedures. We currently have funds
available for the remaining ten of the 14 plaintiffs funded in
2007-8, though that number will continue to dwindle as cases
terminate over the calendar year 2008.
- LAF will continue to provide travel grants and stipends to
LAF speakers this year and into the future as requested by
branches, and will work proactively with potential speakers to
encourage their participation, including those whom we support
as amicus curiae.
Plans going forward:
- AAUW will expand our LAF focus beyond the academic sphere to
the wider workplace in concert with our Value Promise that we
will break down educational and economic barriers so that ALL
women will have a fair chance.
- AAUW will continue, and expand, our long-term support as
amicus curiae in gender discrimination and other civil rights
cases, seeking, in particular, workplace-based cases.
- AAUW will work closely with other respected organizations
that are active in the gender equity arena to identify key cases
with significant issues that align with our mission and would
benefit by our expertise and credibility.
- As AAUW expands our LAF vision to include protecting the
rights of all women, we plan to
focus our direct case support strategically, seeking
cases that address significant
issues that will clearly will impact our fight for pay
equity and workplaces free of sex discrimination.
- AAUW will look to organizational partners and collaborators
to help us target cases in which AAUW’s voice will make a
difference.
- AAUW has been in the fight to combat sex discrimination from
the first; but with the Supreme Court narrowing our rights, and
pushing hard to rescind the gains we’ve made, we really are
going to have to fight to defend that legacy --
strategic litigation will
be critical weapon for us over the next few years.
- This will be a shift for LAF, which has focused more on
deserving individuals than on landmark cases with
precedent-setting potential to make a difference for all
women.
- AAUW has always had a powerful voice in the sex
discrimination arena, and we need to use it to reinforce cases
that will hold our ground and lead us forward.
- Our model for this strategy is the NAACP Legal Defense and
Educational Fund in the fifties that carefully selected the
cases to ensure maximum impact. They knew exactly what they
were doing when they chose to champion
Brown v. Board of Education. That model for deliberate
case selection based on critical issues that predict
precedent-setting change will help guide us as we select
strong cases for our support.
AAUW member financial support
will continue to be essential.
- To focus on strategic litigation, landmark cases that make a
difference for all of us, we will need to be financially
prepared.
- In the past, we have:
- provided limited funding for worthy individuals who have
suffered from discrimination in their academic workplaces,
- selected cases based on applications that came to us, and
- financially supported only those that arose in the
academic context.
- Relatively few of these cases were precedent-setting in a
national context, although LAF’s impact on college campuses
around the country is clear.
Summary:
Our members’ support is critical! If we are to broaden our focus
beyond the academic arena and target our resources to cases that
establish significant legal precedents, we must create a fund that
will support a significant attack when the “big case” comes
along. We will still need to support LAF travel grants and
program management, but the real need will be for a “war chest”
that we can call upon for strategic litigation.
There is a misperception among some about the staff and overhead
costs of LAF currently and in the future. Actually, these
expenses are – and will remain -- a very small portion of the LAF
budget. The lion’s share of our budget has always been
programmatic, and that will continue to be the case as we move
toward more strategic litigation.
Your continued help and funding support for LAF is essential if we
are to leverage our strength, reputation, credibility and
resources for strategic litigation that will truly help us
galvanize our commitment to gender equity and fulfill our promise
to break through educational and
economic barriers so ALL women will have a fair chance.