Blatant employment discrimination and obstetric violence. Just two of the areas I constantly hear horror stories about in my daily life, from moms. Not to mention all the more “minor” bullying, harassment, and low-grade discrimination-that-somehow-isn’t-discrimination (because people know exactly what they’re doing).
And yet… most of the time, these moms “don’t have a case.”
Sound familiar?
It seems to me that moms get the short end of the legal stick on the regular. Or rather, it seems like moms get beaten with the legal stick on the regular.
That’s certainly one of the reasons I’m starting this business. I’m sick of being sick to my stomach hearing stories of moms who could have been helped by the legal system but who instead were trampled by it.
Sick of the bosses who, the moment a woman comes back from maternity leave, puts a previously stellar employer on a “performance review” and blatantly tries to edge her out because they prefer the temp who replaced her during her federally protected leave. (True story.)
Sick of hospitals that refuse to take accountability for a staff member who blatantly violates the human rights of people giving birth by giving an unnecessary (and un-consented-to) episiotomy. (Another true story.)
Sick of lawyers who say to moms who’ve been through traumatic birth, “But what are your damages?”
(Seriousness, get more creative, colleagues. You can easily spin a sob story for Joe Shmoe in a minor fender bender, but you can’t drum up a little jury appeal for a woman who is forever scarred, physically and mentally, by the birth trauma resulting from a day that was supposed to be the most triumphant one in her entire life?)
As a lawyer, I’ve essentially said this very thing to potential clients. “I’m sorry, but I don’t think you have a good chance of winning a lawsuit.” But you know what I’ve also said to clients?
“There are other paths that we might take.”
Maybe that’s an insurance appeal. A hospital or board complaint. Even an apology letter from someone who has done you wrong while you were in a vulnerable position during pregnancy.
We don’t have to jump straight to a Title VI lawsuit (although there is a time and a place for that option). And one of the reasons Your Legal Doula exists is to offer education and information that lowers the number of birth horror stories. But when they do happen, never let it be said that there is nothing that can be done. We just need to get creative. And loud!
We need to understand, assert, and protect our birth rights – through whatever legal means are available. I’m here to help you find those ways.