Sunday, September 20, 2020

“This was a time when the phrase gender bias didn’t exist, except gender bias existed,” - Stories of RGB's Law School Classmates

 An article in Slate, The Other Women In RGB's Harvard Law Class  from July of this year looks at the lives of the nine other women in Ruth Bader Ginsburg's Harvard class.  I started pulling out quotes to be teasers for people to read the article.  But what should I be highlighting - the discrimination they faced as women at Harvard Law and getting jobs?  Or should I focus on their accomplishments?  A little of both made sense, but then could I leave any out so I wasn't quoting so much?  Especially after yesterday's post that took a lot from Rosling's book?  

I've gone through and edited out most of what I'd highlighted.  You really should read the original article.  Or, down at the bottom of the article you can listen to it while you're doing something else.

All in all it's compelling reading.  Echoing some themes from the Rosling post

  • Things change so slowly that we don't really see the progress.  But an article like this helps make it clear.
  • Things can be both better and still bad.  The conditions for women are much better today, but there is still much room for improvement.



Carol Brosnahan, born 1934

She was accepted into Wellesley, where she studied economics. Then she took a job on Wall Street, researching investments for wealthy clients. “I wasn’t allowed to meet the clients, because women weren’t supposed to be managing their money,” she recalled.

She stayed at the job for a year, during which she got engaged. “My fiancé said it wouldn’t be appropriate for me to work, but I could go to school,” she said, which is how she began an application to Harvard Law School. 

But while she got along well with many of her male classmates, her professors often singled her out in humiliating ways. She recalled the night when Dean Erwin Griswold asked the women why they were there in law school, taking the place of a man. 

By the fall of 1960, Carol had stopped working altogether. She had three children in under four years. Between the second and third pregnancies, the family moved to the Bay Area for Jim’s job with the U.S. attorney’s office there. When her youngest daughter was still an infant, Carol took the California bar exam—her second certification, after Arizona—as she began to feel she was “going crazy” staying at home. So she took a job with the Continuing Education of the Bar, which provides training and publishes books for practicing lawyers. She began editing and writing books on the law, focused on poverty, bankruptcy, and tenant law. Jim was supportive, but “my husband didn’t change diapers,” she said. “He was a great dad, but the household and the children were my responsibility. It was a lot of juggling and not very much sleep.”

Even as she moved up in the agency, she found that her career growth was limited. “This was a time when the phrase gender bias didn’t exist, except gender bias existed,” she said. Though she had been at CEB more than a decade, she said the director refused to give her the same title as her male colleagues. “And that’s what got me to put my name in for a judge—gender bias.” Eventually, she got a call from a man in Gov. Jerry Brown’s office to inform her she would be appointed to the Berkeley municipal court. “And tell Jim you got this one on your own,” the man said.

Rhoda Solin Isselbacher, 1932–2015 

Her family thinks Rhoda entered Harvard Law as the school’s first-ever pregnant student. She once told an entire lecture hall that she couldn’t be expected to walk to another building to use the women’s restroom (the only one in the entire law school), and instead proposed that she could use the lecture hall’s men’s room, as long as she put a sign on the door. The men agreed. 

Rhoda had child rearing help—from nannies. In 1993, when Ginsburg was named to the bench, Jill Abramson wrote an article for the Wall Street Journal about how the careers of the other women in the class of 1959 were shaping up. Rhoda told Abramson the story of being pulled away from a client meeting to take one of her children to the hospital for a dog bite. “My husband’s a doctor, why isn’t he on his way to the children’s hospital?” she remembered thinking. “But fathers didn’t do that back then.”

In the mid-’70s, Rhoda became in-house counsel at the Dana-Farber Cancer Institute, then known as the Sidney Farber Cancer Institute. (Rhoda negotiated the deal that led to the name change.) She had recently undergone two years of chemotherapy for breast cancer, and the job felt personal. At the time, biotech was giving rise to knotty legal and ethical questions about patient rights, clinical trials, and intellectual property. “It was a new area of law she spearheaded,” her son Eric remembered. She set up one of the very first patient advocacy programs in any hospital in the country.

After 10 years, Rhoda was forced to resign when Kurt became the founding director of the competing Massachusetts General Hospital Cancer Center. To avoid any conflict of interest, she returned full time to the small law firm where she’d spent most of her career, Epstein, Salloway, and Kaplan—which later became Epstein, King, and Isselbacher.


Virginia Davis Nordin, 1934–2018

After graduating, Virginia found that potential employers were unwilling to take her seriously. She told the Journal in 1993 that in those early interviews, she was often asked if she had plans to get married or have children. “You’d end up discussing your theories on birth control and nothing about your credentials,” she said. She landed a job clerking for a federal judge in San Francisco and went on to work as in-house counsel to a New York shipping company—a job she loved but ended up quitting because, as she told the Journal, her boss sexually harassed her.


Wiltrud F. Richter, born 1935

There were warning signs from the start. During the application process, she was interviewed by a man who cautioned her not to get married and drop out. “Harvard thought it was doing a groundbreaking thing by accepting us. That was made very clear,” she said.

When classes started, she found that no men would even greet her, except for a few fellow Swarthmore graduates and one professor. “Nobody else, literally,” she said. “It was like living on an island by yourself. … They didn’t want women.” Trudy doesn’t remember ever interacting with her fellow female students. She lived alone, sharing a hallway and bathroom with an architecture student. “We exchanged a few words every day,” she recalled. “And that exchange was very important to me because otherwise nobody was talking to me.” Even her professors ignored her, she felt.

Her first job as a lawyer was with a legal services firm, working on its family law cases. She later opened her own practice for low-income clients—handling everything from family law matters to misdemeanor defense. She also represented minors needing approval for abortions, pro bono, and helped women fleeing domestic violence obtain court orders. But she wasn’t able to make enough to even cover malpractice insurance and had to close after a year.

She spent the next decade working for the Disability Rights Center of New Hampshire. While there, she filed an amicus brief with the New Hampshire Supreme Court in defense of a man who was convicted of a crime for having sex with a mentally disabled person under what she believed to be a discriminatory statute. The court agreed with Trudy and ruled that a person with a disability who is genuinely able to consent to sex can do so. Another time, she resolved a case involving two deaf parents and helped spare them from losing custody of their children. “I don’t think anyone would account for my life in terms of major legal successes because of the kinds of clients I had, and the kinds of issues we had,” she said. But she took pride in her “good legal imagination.” 

Her list of championed causes grew long over the decades. She campaigned to end the death penalty in New Hampshire, pushed to have her Unitarian Universalist church convert to solar power, and lobbied for legislative relief to undocumented immigrants. For five years, she supported a family from Bhutan as they transitioned to American life and used her legal training to draft a manual for other volunteers to do the same. The manual remains the one relied on by the church for its refugee program today. In 2018, at age 83, Trudy was arrested for participating in a die-in with the Poor People’s Campaign in New Hampshire. “Overall, it seems to me that the things I’ve done that I’m proudest of have not necessarily always been part of my work as a lawyer,” she said.



Marilyn G. Rose, 1934–2011

 “She had a real passion for serving the underprivileged,” her stepson Tim Childers said. “It was so much a part of her nature.” As a lawyer, she successfully argued a case that redefined how low-income people and people of color across the country could access health care, and its logic undergirds the entire health care law reform movement.

Marilyn never complained to her husband or stepchildren about her experience at Harvard. If anything, Tim and Teresa recall, she seemed to have thrived there. But it was also one of the first places she started advocating for systemic change—in her second year, she was denied membership in Harvard’s all-male public defenders program because women could not be sent to jails to interview male defendants. So she and fellow classmate Eleanor Voss publicly lobbied to have women allowed into the program, arguing that even without access to jails, they could still do plenty of work. Marilyn didn’t end up benefiting from her crusade, but the program opened up to women the year she graduated.

According to her husband, Bobby, Marilyn graduated with honors and then watched male classmates with worse grades land jobs at firms that had rejected her. Some companies openly admitted that they didn’t hire women. So she “had to go work for the government, the only place that offered her a job,” Bobby said. After a stint at the National Labor Relations Board, she transitioned to the Department of Health, Education, and Welfare (now the United States Department of Health and Human Services). She found a comfortable fit in the Office for Civil Rights, where she helped desegregate hospitals and mental institutions.


Flora Schnall

After graduating, Flora remembers a frustrating string of interviews. “The only thing that kept me looking was that I knew that Ruth hadn’t gotten a job,” she said. “I felt if Ruth, who was first or second at law school, couldn’t get hired, I just had to keep looking.” Through connections, she landed a job as assistant counsel to Nelson A. Rockefeller when he was governor of New York. “It was just sheer luck,” she said. “I was the only woman in the office, and they wanted a woman in the office.” The job thrilled her. 


Betty Jean Shea, born 1934


Betty Jean was confident she would excel at Harvard, but since she had a friend who had been among an even earlier group of women there, she knew it wouldn’t be easy. “She said it was challenging, but she also said it’s sometimes fun to be the only girl there.” The experience could be fun, Betty Jean said, but for the most part she felt she was ignored by the professors, with the notable exception of Barton Leach and his “ladies’ day,” which left her feeling under attack. Her fellow students were no better, often asking her what she was doing there. “Young men would blithely ask that question to you directly,” she said. “I’d just say, ‘I’m interested in the law, and I couldn’t figure out a better place to go.’ ” She found solidarity with her roommates Flora Schnall and Carol Simon. “We could tell stories and laugh about a great many things that wouldn’t be so easy to laugh at if you didn’t have them with you,” she said. “It made it easier to take it less personally.”

 

Betty Jean’s first major job after graduation was as an attorney for the Federal Reserve Bank in New York, where she rubbed shoulders with influential New Yorkers. It was the best job she ever had, she said, but even there she faced discrimination: She said that she was hired by a man who felt “uncomfortable” hiring women and did so only to please his more progressive boss. She recalled that once, when attending a luncheon at the all-male New York Stock Exchange, she had to arrive through a freight elevator to a separate entrance, because the regular elevator was “for business, it was for men”—even though she was there to give a speech on a new regulation she had helped draft. Afterward, she called up the president of the New York Federal Reserve, whom she didn’t personally know, to complain. He promised not to send any more speakers to the exchange until they changed the policy. They did,

 

Alice Vogel Stroh, 1935–2007

Despite having excellent grades, Alice was rebuffed by almost all the firms she applied to. She eventually found an opportunity at the agrochemical company Monsanto, which at the time was looking to hire women. She landed a job in their legal department—one of just a few women at the time doing corporate litigation. She stayed for eight years.

She left the job after she got pregnant, but it’s unclear whether she quit or was simply taking her maternity leave. Her daughter was stillborn. A grieving Alice wrote to Monsanto, telling them she would “not have the joy of being a mother” and asking to return to her job. Monsanto had already filled the position with a man. “She was almost pleading for them to reconsider taking her back,” Elizabeth said. “She had worked so hard to get to where she was, but as soon as she stepped aside to have babies, then that door closed very quickly for her.” She adopted her first of two daughters that same year and left the legal profession to become a full-time mother.


Eleanor Voss, 1936–1958

On Nov. 13, 1958, Voss was riding as a passenger on a motorized scooter when it collided with a taxi cab in a Cambridge, Massachusetts, intersection, killing her. After her death, her friends and classmates from Goucher created a fund, the Eleanor Voss ’56 Fellowship, to send one graduating senior to law school each year. It continues today.


So many good reasons to volunteer or give money or both before November 3.   

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