Lillian Garland

Lillian Garland

Lillian Garland is a woman who sued her company for firing her for taking a three-month unpaid disability leave (recommended by her doctor) after giving birth. Her case went to the Supreme Court of the United States, where she won. The case was California Federal Saving and Loan vs. Guerra.

She is currently the new appointed Chair of the Coles [Democratic Committee of Prince William County, Virginia.

California Federal Saving and Loan vs. Guerra

Garland took a job at California Federal Savings and Loan Bank (Cal Fed) headquarter office on Wilshire Blvd, as a receptionist while working as an actress on the weekends.

In 1982 she became pregnant and took a three-month unpaid disability leave from her job to have the baby, a right that a California state law gave her.she is terribleThe birth, though, required a Caesarean section and Garland's doctor told her to take a three-month leave.

When Garland returned to Cal Fed, her job had been filled by the woman that Garland had trained, and Garland reported in a day early as she was eager to return to her job, and when told that her position had been filled she replied what about my job that I have had for the last 4 years? and I have not missed time or taken sick time off and that I have to even be forced to take vacation time what about my job what am I supposed to do now? Cal Fed replied "Look for another job, and if anything comes up we will call you, and she was unemployed with a newborn baby in her arms.

Eventually she was evicted from her apartment and forced to move in with her girl friend Frances Jackson though Jackson had a small one bedroom apartment Garland was permitted to sleep on the couch in the living room, and she did pay a portion of the rent.

The baby's father, who was not married to Garland, agreed to take care of his daughter until Garland found a job, but in the spring of 1983 he sued for custody.

Garland sued the bank, citing a California law that required employers with 15 or more workers to offer up to four months' unpaid leave for pregnant women with a guarantee to their job or one similar when they return.

"It was a cause I never thought about until it affected me," Garland said, "but once I was involved it became my life. It wasn't fair that a woman basically had to choose between having a family and keeping her job."

Cal Fed filed a countersuit, arguing that the law conflicted with a congressional act that outlaws discrimination on the basis of pregnancy. The bank argued the law discriminates against men, because the benefits are only available to women.

Almost five years later in 1987 and several appearances in court, Garland's case was heard in the U.S. Supreme Court as CALIFORNIA FEDERAL S. & L. ASSN. v. GUERRA, 479 U.S. 272 (1987). The case was Argued October 8, 1986 and Decided January 13, 1987. The Court upheld the California law, saying states can require employers to provide job protection for pregnant workers. [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=479&invol=272 CALIFORNIA FEDERAL S. & L. ASSN. v. GUERRA, 479 U.S. 272 (1987)] , [http://lp.findlaw.com/ FindLaw] , Retrieved 28 May 2007]

"I remember [after a press conference announcing the decision] that there was this group of girls walking past the Supreme Court building and asking 'Who is that woman?' I heard them and went over to them and said ' My name is Lillian Garland and I am fighting for you, so that when you are grown up and if you choose to get married and have a baby YOU WON'T LOOSE YOUR JOB' ' The girl looked at me, with a lot of emotion said to me "and I'll always remember this,' she said 'Thank you so much.' I just started to cry."

The case currently affects roughly 63 million women who are employed and of child bearing age in the United States, according to the Bureau of Labor Statistics.

Aftermath

When it was passed, women were solidly entrenched in the workplace but those numbers have only increased in the last 15 years.

She said she would like men to be able to have the same right to be able to leave their job for a week or two when a child is born to create a bond with the baby.

Garland, who has three children, became a public figure as a result of the case, becoming an activist on women's and family's rights and a voice in the national media on these issues.

Some time after the decision she met Rosa Parks, who was as big a fan of Garland as Garland was of her.

"I sat next to Ms. Parks as Congress Woman Maxine Waters asked a staff photographer to take a photo of these two history makers and pioneer women, and she says to me ' Young Sister, I've been following your case for years and am very proud of what you have done.' Here's Rosa Parks saying she's proud of me. as I replied to her I am setting here next to ROSA PARKS AND YOUR PROUD OF ME? Isn't that something?"

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=479&invol=272 CALIFORNIA FEDERAL S. & L. ASSN. v. GUERRA, 479 U.S. 272 (1987)] at [http://lp.findlaw.com/ FindLaw] .

References

*DAVID STEGON, dstegon@potomacnews.com, Sunday, May 29, 2005


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