Legal Momentum In Brief, September 2010

Briefing Highlights Harsh Impact of Sanctions on Nation’s Neediest Families

Legal Momentum held a Congressional Briefing to discuss the implications highlighted in Legal Momentum Senior Staff Attorney Tim Casey’s recent report "The Sanction Epidemic in the Temporary Assistance for Needy Families Program." The briefing also provided an opportunity for Legal Momentum to call for the reauthorization and reform of the TANF Program, which has been temporarily extended through December 3, 2010. Speakers discussed how the federal TANF program perversely grants states incentives to sanction TANF participants. These sanctions can also result in TANF recipients losing other vital benefits, he noted, including Medicaid and Food Stamps.

To learn more about the briefing, click here.

To read "The Sanction Epidemic in the Temporary Assistance for Needy Families Program," click here.

New Law in New York Offers Long-Overdue Protections to Domestic Workers, Many of Whom are Women

Just before Labor Day, New York Governor David Paterson signed the historic Domestic Workers Bill of Rights into law. The law is the first of its kind to be passed in the United States, and will make major strides toward workplace protection. In certain circumstances, the law will guarantee paid sick and vacation days, overtime pay, and one day of rest per week, will affect New York’s 200,000 domestic workers. Until now, these basic workplace rights that are afforded to traditional, full-time employees have been denied to domestic workers, who were forced to work with little to no legal protection.

Ninety-three percent of domestic workers are women and 95% are women of color, particularly immigrants from the Caribbean, Asia, Africa and Latin America. A study by Domestic Workers United found that 26% of domestic workers make less than minimum wage and live below the poverty line. 33% say they have been abused verbally or physically. Sixty-seven percent reported receiving overtime pay sporadically, if at all, and only 10% receive health insurance coverage from their employer. Thus, it is the already marginalized communities who are the ones most affected by workplace conditions.

The passage of the Domestic Workers Bill of Rights is a major step towards ensuring the protection of these workers, who are largely made up of women and people of color. As we move forward, labor rights must incorporate all workers, not only members of the traditional workforce. When domestic workers are overlooked, it is overwhelmingly women of color who suffer.

To read Legal Momentum’s blog piece on the historic law, click here.

To read ColorLines' “Domestic Workers Lead the Way to 21st Century Labor Rights,” click here.

For more information on the bill, read The New York Times's “For Nannies, Hope for Workplace Protection" here.

Number of Poor Rises to All Time High, Women Hardest Hit

In September, the Census Bureau released data showing that poverty in the U.S. is at an all time high. More Americans now live in poverty than during the 51 years in which poverty has been measured. 43.6 million Americans lived below the poverty level of $22,000 for a family of four in 2009. More than one in five children lived in poverty, and one in three for African American children. According to the Center on Budget and Policy Priorities, these rates would be even more alarming if it were not for unemployment benefits. Without unemployment benefits, the number of people in poverty would have been higher by 3.3 million.

Poverty hits women hardest, and a large gender poverty gap has persisted since poverty measurement began. Adult women were thirty two percent more likely to be poor than adult men in 2009, with a poverty rate of 13.9% compared to the 10.5% rate for men. 16.4 million adult women were poor, compared to 11.7 million adult men. A report by Legal Momentum, entitled "Reading Between the Lines: Women's Poverty in the United States, 2009," details this disparity.

Yet as millions of Americans suffer from poverty, especially women and children, those most in need are often unable to access government assistance. Temporary Assistance for Needy Families (TANF), the main federal welfare program, has repeatedly failed to serve as a safety net for these individuals. Interim Legal Momentum President Rachael N. Pine states, "The increased poverty and the continuing gender poverty gap underscore the need for a social safety net that is accessible and adequate. Currently, Temporary Assistance to Needy Families, the national welfare program for families with children, is neither: only a minority of eligible poor families are receiving benefits and the assistance provided fails to cover even the most basic essentials of food and shelter."

To read Legal Momentum’s blog piece, “Number of Poor Rises to All Time High, Women Hardest Hit,“ click here.

To read Legal Momentum’s report, "Reading Between the Lines: Women's Poverty in the United States, 2009," click here.

To learn more about Legal Momentum’s work to strengthen the social safety and reform TANF, click here.

To read Legal Momentum’s report, "Battered by the Storm: How the Safety Net is Failing Americans and How to Fix It," click here.

Legal Momentum Applauds Senator Baucus' Call to Reform TANF

In September, the Senate Finance Committee held the first of what is expected to be a series of hearings on the Temporary Assistance for Needy Families (TANF) Program, its Chairman Senator Max Baucus (D-Mont) decried TANF’s shortfalls and urged Congress to improve the Program.

Senator Baucus understands that TANF has failed the American poor in this recession: "A welfare system focused on jobs can work when there are plenty of jobs," he stated. "But that kind of system poses harsh realities when a recession sets in." He explained that while other safety net programs – such as Food Stamps and Medicaid – have automatically expanded to meet the needs of Americans affected by the Great Recession, TANF has not. In his statement, Senator Baucus also called for "a new conversation on women and poverty," insisting that Congress, "talk about how we can hold those who need help, and not turn away."

Legal Momentum applauds Senator Baucus for addressing TANF’s shortfalls, particularly for women and families. We agree with Senator Baucus that “A safety net to prevent poverty is only as good as it is in hard times.” The Great Recession has proved that TANF is not an adequate safety net. Congress must improve the TANF Program so that all Americans have access to this safeguard in hard times.

To read more about Senator Baucus’ remarks, click here.

National Judicial Education Program's First Regional Team Meeting a Success

Legal Momentum’s National Judicial Education Program recently held its first Regional Team Meeting in Alexandria, Virginia. With participants from jurisdictions across the Mid-Atlantic Region – Delaware, Maryland, Pennsylvania, Virginia, and Washington DC – the meeting was a resounding success.

NJEP educates judges and justice system professionals about the ways gender bias can be a factor across all areas of the law and how to prevent it. A particular focus of NJEP’s work is adult victim sexual assault, cases often beset with deeply held stereotypes and misconceptions that can undermine the judicial process. Because of the challenging nature of these cases, NJEP seeks to integrate and sustain judicial, probation, and community education about adult victim sexual assault cases in jurisdictions throughout the country over the long term.

To learn more about the meeting, click here.

To learn more about the National Judicial Education Program, click here.

Learn more about the National Judicial Education Program’s sexual assault resources here.