Absinthe
Living my life as an exclamation, not an explanation...

 

It should be noted by readers that Absinthe is not a lawyer, and anything posted in this blog should not be used as a substitute for professional advice from a lawyer













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  Friday, April 04, 2008



I got this message forwarded to me yesterday.  Kay Weber is fighting to overturn the order to dismiss her case.  Her lawyer thinks she has a good chance.  I've read the documents associated with her case on PACER and I think she has a good chance...the order to dismiss made by the judge had several procedural errors associated with it, and also completely ignored various items of crucial evidence that came out in discovery.

Kay has to file the appeal by the end of this month though and is in desperate need of money.  She is not only asking for monetary donations, but donations of items for an auction to raise money.  Please help her in any way you can.  I might add that networks of people donating to the legal fight against discrimination was the nucleus of the AAUW legal advocacy fund (which now supports my case)...the fund got started in 1981 when a group of women raised money to support the legal fees of the "Cornell 11".  Kay tried to get LAF support but was turned down on the grounds that our national laboratories do not consistute "academic institutions" (which isn't what Title IX says, but that is a whole other story...)

Here is Kay's message.  In her message, Kay refers to a blog and a website she has set up, along with information as to how you can donate money and/or items for the auction:

Those of you getting the first wave of this email probably know Kay Weber personally, but may not know the story that has been a main focus of her life for the past 4 years. Here is her story:

Kay worked at Fermilab (a Department of Energy Laboratory) for more than 18 years. She has a degree in Mechanical Engineering, is a Licensed Professional Engineer, has Master's Degrees in Computer Science and Psychology. When Kay was hired she was the first and only female engineer in her division. After a few years she was promoted to supervisor of the group responsible for the updating and daily operation of the world's most powerful particle accelerator. She supervised a group of about 25 male technicians and engineers. A few years later she started to experience sexual harassment. She found jock straps in her office, condoms in her mailbox, derogatory notes in her mailbox and written on public bulletin boards. As a result she was removed from her position and placed in other departments for several years (yes, she was punished). Eventually she was returned to her original department and forced to report to a technician - one who she had previously supervised. She was forced to undergo discriminatory treatment on a regular basis and she often complained. Finally she filed a grievance and her management immediately put into place a plan to fire her, which they did in 2004.

Kay filed a lawsuit in Federal Court for harassment, discrimination and retaliation. When such a suit is filed it is up to the person filing the suit to pursue it. This means a huge expense in time and money, but it is the only way to hold the offenders accountable. Fermilab is funded by the Department of Energy - your tax dollars. Fermilab spares no expense in using your money. Their plan is to not only ruin the lives of employees that complain of illegal activity, but to also bankrupt them in the process. At this point, Kay's case is up for appeal and if the appeal is granted then a trial date would be set. Currently Kay has used most of her retirement money (and the rest will surely be spent on the remaining legal bills), she cannot afford health insurance, drives a 13 year old car with 220,000 miles. Most months she struggles to make her mortgage payment and sometimes comes up short. She had a large balance still due her lawyers (who are giving her a reduced rate) but needs to make a substantial payment to move forward with her appeal, the filing deadline is at the end of April. If there is a trial it would be huge expense as well. The closer the case the get to trial, the more likely Fermilab would be willing to settle.

If you don't know a woman who has experienced some kind of rights violation at work, you are lucky. However if you have daughters, sisters, granddaughters, odds are they will know someone or had such an experience themselves. We have to stand together to help stop this kind of treatment. Check out the website and blog listed below to hear about other cases.

There has been a paypal account set up to help fund Kay and her case. There is also a website to track the progress of the case as well as provide information on the case as well as other cases against Fermilab and other DOE labs. Kay also has a blog about her case and other experiences. Links to both are at the end of this message. Please check both for more information.

While you alone may not make a big difference, together we can. How many of you buy a coffee drink every day, eat out for lunch, spend a few dollars here and there. Can you give this up for a week and donate that money?

Please use your network to see how big a chain of women we can create. Please send this message to at least 10 other women. Time is of the essence! Here is how you can help:

1) Send this email to all the women you know (men too). The more people this is sent to, the greater the support. If you belong to a professional organization or hobby group, feel free to share with them. If you have a website or blog, you can post this information there and/or link to the blog and/or website.

2) You can make a donation by going to www.paypal.com Click on 'send money' use the address webervsfermi AT hotmail DOT com as the account to send money to. When using paypal your financial information is not revealed.

3) Donate an item to the online auction. If you have a craft you enjoy, you can donate an item for auction. You can purchase a gift card to be donated. If you have a service, you can donate your service for auction. Send email to webervsfermi AT hotmail DOT com to offer an item for auction. The auction will be held on the website, the auction date to be announced later.

4) You can purchase an item on the online auction. Save the links to the blog and website and check for updated information or send an email to webervsfermi AT hotmail DOT com for an update.


9:36:18 AM    




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