The opinions expressed in entries in the LC Blog are those of the author, not of Lawyers Club of San Diego.
The concept of “choice” runs deep throughout the three waves of feminism. During the first wave (late 19th to early 20th centuries), women fought for the legal right to make social, political and economic choices that critically affected their lives. Hard to believe that women in this country could not even vote until 1920! Second wave feminism (1960’s continuing in the 1990’s) saw women exercising choice to work outside the home and in fields traditionally the province of men. The fight for a woman’s “right to choose” and control her reproductive rights and health also dominated during the second wave. (Women continue to battle today to preserve those hard-earned choices.)
During the period of third wave feminism, (early 90’s to present), the rhetoric of “choice” arose in another context as women (predominantly professional women) struggled to deal with the “work/family conflict.” Women discovered it was not easy to have it all. The resulting “mommy wars” pitted women against each other, as conflict arose between women who chose to be homemakers versus those who chose to pursue careers. You may remember the controversy around Hillary’s statement that “I suppose I could have stayed home, baked cookies and had teas, but what I decided was to fulfill my profession.” This conflict continues to threaten feminist coalitions. (And it glosses over the fact that most women, because of financial realities, lack the choice between working and staying home to raise a family--a larger topic for another day.)
Many have tried to unpack the notion of “choice” when it comes to women making decisions that affect their advancement in the legal profession. We’ve all heard stories about women “choosing” to leave their firm or stepping off the fast track because of the pull of home/kids or because they feel too stressed out to do it all. Professor Joan Williams and her colleagues at the Center for WorkLife Law at UC Hastings recently published an extensive report entitled “’Opt Out’ or Pushed Out? How the Press Covers Work/Family Conflict.” In that report, the authors analyze the “opt out” story and tell “the untold story of why women leave the workforce.” While the stories in the press pinpoint the pull of family life as the main reason women choose to quit or opt-out, Williams cites a recent study showing that 86% of women cite workplace “pushes” such as inflexible jobs. The report’s overriding conclusion? Women quit because they encounter “maternal wall bias”- gender bias triggered by motherhood. Such women are not freely opting out- they are being pushed out by family responsibilities discrimination.
Williams’ report highlights that the press invariably focuses on women after they leave the workforce and before they are divorced (in a country with a 50% divorce rate). I recently talked with a lawyer facing divorce after decades of marriage to a successful high-earning professional. She had always remained involved in her profession, but had foregone major career opportunities to support her husband in his career and serve as the primary caregiver for their children. Although she had a job at the time of the divorce proceedings, she asked for partial income equalization (i.e., spousal support) to retain her financial security. Her husband conceded that she supported him in his career and cared for their kids, but he claimed that she made the “choice” not to pursue more lucrative opportunities during their marriage. So in other words, it’s her own fault that she will be less financially secure than he after the divorce because of her “choices.” I shared in her outrage at that assertion.
So what’s the takeaway here? I say we quit talking about women making the “choice” to get off track or opt-out completely. We need to reject using the “choice” rhetoric to explain or validate (to ourselves and others) the hard decisions we make for the benefit of our families but to the detriment of our careers and economic security. When it comes to having “free choice” around career advancement, we are definitely still “chasing the last wave.” Let’s resolve to catch it rather than drown in it.
This blog post was authored by Molly Tami