North Carolina Newspapers

n Thursday, November 11, 1982The DaUy Tar Heel5 "Women and the Law " seminar ecture deals with women's legal issues ( 0J J ) v-7 V -J' y By LISBCTII LEVINE Staff Writer Women may have come a long way, but legal problems in equal employment and discrimination have not disappeared. "Women and the Law," a three-part seminar con ducted by the Carolina Union this week, provides a mixed media and lecture presentation on controversial legal issues facing women today. , "The 14th Amendment was enacted in 1868. The pro mise of equality contained in the Equal Protection Clause remains a promise, said Elizabeth Defeis, a law pro fessor at Seton Hall University in New Jersey, in a videotape shown Tuesday night in the first part of the series. The Equal Protection Clause found in section 1 of the 14th Amendment to the Constitution, states that no state "shall deny to any person within its jurisdiction the equal protection of the laws." Technically, women can achieve equality under the Equal Protection Clause, but it requires a Supreme Court ruling, said Meyressa Schoonmaker, an attorney and president of the North Carolina Center for Laws Affect ing Women. Two videotapes, "The Equal Protection Clause," and "Title VII: A Case Study," as well as Schoonmaker's lec ture, comprised the first seminar of a three-night series dealing with women's rights. Schoonmaker said the Supreme Court has never ap plied "strict scrutiny," which requires that the state prove a compelling interest for the law in a case involving women under the EPC. A heavier burden of justification is required for the state under strict scrutiny cases, according to the legal definition. If a case comes before the court, then the state, in defending itself, has to justify the discrimination with solid proof. But in a minimum scrutiny case, just a reason, not "solid proof," is needed to justify discrimination. Minimum scrutiny is most commonly used to determine the constitutionality of state laws, Schoonmaker said. If a law has a reasonable basis, it will be upheld under minimum scrutiny, even if it discriminates against women. There are very few state laws which fail to pass the minimum scrutiny test, Defeis said in the videotape. The tape cited two examples in which strict scrutiny was used. One case occurred when the legislation1 affected a fundamental interest such as the right to vote. Strict scrutiny was also, used when the case involved a suspect classification such as race or creed. Sex has never been considered a suspect classification by the courts, Defeis said in the tape. "We're striving for a court interpretation of strict scrutiny," Schoonmaker said after the presentation. Women do not have the full force of the Constitution behind them because "the court has never definitely decided that women are entitled to equal protection under the 14th Amendment," she said. "It appears at this point that the only way we will get strict scrutiny is through the ERA," Schoonmaker said. Defeis said during the videotape that "ERA puts the force of the Constitution behind the effort to obtain equality for both sexes." In the 1973 Supreme Court case Prontiero vs. Richard son, Justice William Brennan Jr. stated that sex was a suspect class. . , jV The case involved a servicewomanvho wanted to claim her husband as a dependent in order to obtain increased benefits. A woman had to prove that her husband was dependent on her for more than half of his support, while a serviceman could automatically claim his wife as a dependent. Although the court decided the case in favor of the woman, the other justices, did not agree with Brennan's opinion. "Sex, like race and national origin, is an immutable characteristic determined solely by the accident of birth," ; Brennan wrote. "The sex characteristic frequently bears no relation to the ability to perform or contribute to socie ty." Pefeis, in her argument to ratify the ERA, said, "it seems doubtful that the Equal Protection Clause is ade quate to eliminate sex-based classification." The . ERA would invalidate any state laws which discriminate on the basis of sex. North Carolina has several- laws which distinctly discriminate against women, Schoonmaker said. She cited health insurance policies, property taxes and the Equitable Distribution Bill as examples. The other subject discussed was Title VI, a section of the Civil Rights Act of 1964 which prohibits discrimina tion in employment on the basis of sex, race, color or religion. The videotape examined the American Telephone & Telegraph Co. case. The Equal Opportunity Employment Commission found AT&T guilty, of sex discrimination, resulting in more than $75 million in back pay to female employees. "Although AT&T is a very large case, there are smaller cases all over (the country) that deal with very similar issues," . Schoonmaker said. Schoonmaker also discussed comparable pay, which adjusted the pay scale according to the contribution of a particular job to the whole work effort. "Comparable pay would benefit women the most," Schoonmaker said. "For instance, secretaries com parable output is much greater than what they're being paid' Somewhere along the line, she added, they were relegated to a low paying scale, probably by men. mber of children. For working women, Schoonmaker called Tible VII, "the most important piece of legislation that relates to improvements. Memorial From page 1 have brought to NCMH kidney dialysis and transplants, sophisticated intensive care units, open heart surgery, chemotherapy, genetic counseling, premature infant care, CT scanners and others. In addition to this technology, the hospital operates the North Carolina Jaycee Burn Center, the most com prehensive burn center in the nation. Memorial's Hand Rehabilitation Center, where people who have damaged their hands can regain motion of the limbs, was the first in the United States. The hospital's Labor and Delivery Suite can accommodate both routine and high-risk pregnancies. NCMH's new Same-Day Surgery Facility allows pa tients undergoing minor operations 1 to have the surgery and leave the hospital in one day. Assistance to Safety and Traffic program. Operated from Fort Bragg, the program can bring critically injured patients from throughout the state to the hospital by helicopter if NCMH is the closest facility to the emergency. The Neo-Natal Trans port Team of specialized doctors can br ing premature infants from remote areas to the hospital to receive specialized care. Even though the great advances in medical care have improved treatment, this technology does have its dark side. Health costs have risen substantially since 1952. For example, the hospital's budget in 1952 was 2.1 million dollars; now it is 118 million dollars. Two hundred and five dollars a day pays for a single room and bath that cost $27 daily 30 years ago. "The subject of health care cost is a complicated one," Munson.said. "Most articles about the escalation look at To nharx3itsmergenwcare.the-thealth care costs in avacuum without 'hospittl 'partidpates-with-thcrmy in :tjie& looking at clinical outcome and tech- Poles nologjcal advances in medicine. "It is easy to be critical of cost when one is healthy and doesn't need hospital and medical care. On the other hand, when one becomes sick or injured, one insists on the best health care available, regardless of the cost. This is a societal expectation. It is a healthy expectation but an expensive one," Munson said. Whether health care costs continue to rise depends on if sodety is willing to pay for the new technology developing in. medicine every day, Munson said. An ex ample of this, he said, is the availability of kidney dialysis. This treatment was not readily available until the government underwrote the program that now costs 3 million dollars per year. "This is an ex ample of where sodety, through govern mental apparatus, said that this technology , should be available," Mun ,. son said. Y-ylong the same line of health care costs, federal cutbacks in Medicare and Medicade threaten further expansion of NCMH mainly because the facility is a teaching hospital that treats many pa tients on these programs, Munson said. "The government created a market that has developed an expectation of the availability and access to health care. Now the government is cutting back on Medicade and Medicare and the impact is particularly felt by . a hospital like Memorial," he said. To offset these reductions, people with private health insurance are being burdened with extra taxes, Munson said. "In my judgement, this is a form of dou ble taxation," he said. Nevertheless, NCMH will continue to fulfill its four goals and meet the needs of the community "in a manner that is con sistent with our being here," Munson said. From page 1 people," adding: "One can imprison pro testers, dub and disperse demonstrators with tear gas or water cannons, but the specter remains: never again will the self appointed representatives of the workers be able to pretend that they represent anyone but themselves. An estimated 3,000 Poles massed at the courthouse where Solidarity was registered two years ago, and police in helmets and plastic shields chased them about two miles to Warsaw University, where the demonstrators dispersed under barrages of water cannons, tear gas and flares. Students demonstrated fpr 15 minutes in Warsaw and Krakow earlier in the day and steel workers idled part of a mill in Czestochowa," Western reporters said. They also said security forces with fixed bayonets massed near the shipyards in Zeta Tau Alpha's (Oct. '82-Sept '83) Now Only liiTEia Pit abis3 Dorms Proceeds go to Special Olympics & Crown Development Trust Fund. Gdansk, where Solidarity was launched more than two years ago. Solidarity was suspended with the im position of martial law Dec. 13 and was outlawed Oct. 8. Workers in many Warsaw factories, visibly nervous and fearful, either refused to talk to reporters or said that few pro tests inside their plants had occurred. "Nearly everyone worked," said a grizzled worker outside the Ursus tractor factory, a Solidarity stronghold, outside Warsaw. "People are afraid and don't want to get locked up." Workers at the Huta Warszawa sted. works outside the capital claimed managers had told them of sabotage at one mill, and reported brief strikes at a rolling mill and sheet mill. The strong presence of police outside some factories seemed to frighten workers into submission. "I have never seen anything like this before," said a woman outside the shipyards in Gdansk. "It's hard to take one step without bumping into them." WMogrje (DptHcIaimo 1 PRESCRIPTIONS FILLED LENSES DUPLICATED . CONTACT LENSES i fitted - polished - cleaned SUNGLASSES "X prescription - non-prescription J OVER 1,200 FRAMES PW: 94' JOHN C. SOUTHERN - OPTICIAN wmm C L L , Z Jim Craft, student, Reformed Theological Seminary, Jackson, MS Randy Pope, pastor. Perimeter Presbyterian Church, Atlanta, G A - Randy wanted consistent, reformed theology in an academic atmos phere. Jim, on the other hand, needed a school where he could con tinue to apply his learning on a caring, one-to-one basis. 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