Until recently, the interests of graduate students have largely been ignored by university “family friendly” initiatives designed to meet the needs of women on the tenure track who aspire to be mothers as well as scholars. So it shouldn’t be surprising that Stanford University announced its new Childbirth Policy for women graduate students with fanfare, nor that it was positively received by the national news media. What’s puzzling is how little attention has been paid to the huge gap between Stanford’s aspiration and its accomplishment.
The rationale for the policy is exemplary: “Stanford University is committed to achieving a diverse graduate student body, and facilitating the participation of under-represented groups in all areas of research and graduate and postdoctoral training. To increase the number of women pursuing … advanced degrees … it is important to acknowledge that a woman’s prime childbearing years are the same years she is likely to be in graduate school, doing postdoctoral training, and establishing herself in a career.”
Unfortunately, the policy itself -- which provides accommodation in the form of paid leave, extension of deadlines and reduced workload to graduate students “anticipating or experiencing a birth” -- sends an entirely different message.
While the phrase “anticipating or experiencing a birth” seems expansive enough to cover “anticipating” the birth of an adoptive child, that is not Stanford’s intention. Associate Dean for Graduate Policy Gail Mahood was brutally frank on this point: “The policy does not apply to women who adopt children.… Women can always put off adopting,” she told a reporter.
Apparently Stanford prefers grad students who create families “the old fashioned way,” leaving others to sink or swim without institutional support. So much for the message of inclusiveness and diversity! In creating this restrictive policy, Stanford seems to have lost sight of its original goal, confused means and ends, and conflated biology (childbirth) with social issues (family formation).
Ordinarily, women become pregnant as a means to start a family, not to “experience childbirth.” Other ways to accomplish this goal are adoption, surrogacy and becoming a foster parent. Absent some as-yet-undisclosed study linking female fertility to academic talent, it seems odd that Stanford would decide that only fertile women able to carry a fetus to term deserve institutional support for their decision to start a family during graduate school.
The privileging of birth mothers over adoptive mothers is as illogical as it is offensive to families who have struggled with infertility prior to adopting. Under the literal terms of this policy, whose avowed purpose is “to make sure that we retain in the academic pipeline women graduate students who become pregnant and give birth,” a graduate student who gives her child up for adoption immediately after birth could request accommodation, while the adoptive mother who cares for that newborn could not.
Equally, if not more disturbing, is the policy’s failure to support graduate student couples who want to share the task of balancing work and family, thereby promoting a traditional heterosexual family structure that has proved detrimental to women’s achievement. Recognizing that “[t]aking care of an infant is time-consuming and sleep-depriving so advisors need to have realistic expectations about rates of progress on research,” the policy denies the same compassionate recognition to other graduate student caregivers who might be equally in need of help -- e.g., biological fathers, gay couples, adoptive parents or biological mothers who used a surrogate to carry the fetus to term.
Thus, the only graduate student families who will benefit from the childbirth accommodation policy are those who choose to conform to the traditional gender role model of mom stays home to bond with baby while dad goes to work. This patterning of gender stereotyped roles is unlikely to prove advantageous to the woman’s future career.
One would have expected Stanford’s policymakers to heed the counsel of the late Chief Justice Rehnquist (a Stanford alumnus) on the importance of gender-neutral family leave benefits, in a 2003 case:
“Stereotypes about women’s domestic roles are reinforced by parallel stereotypes presuming a lack of domestic responsibilities for men. Because employers continued to regard the family as the woman’s domain, they often denied them similar accommodations or discouraged them from taking leave. These mutually reinforcing stereotypes created a self-fulfilling cycle of discrimination that forced women to continue to assume the role of primary family caregiver, and fostered employers’ stereotypical views about women’s commitment to work and their value as employees.”
Finally, by excluding everyone but the birth mom from accommodation, the policy may even override the woman’s own preference in the matter: Stanford seems not to have envisioned the possibility that the birth parents might both be graduate students, and that a new mother-scientist at a critical research juncture might choose to return to her lab right away, if only the policy were flexible enough to accommodate her partner’s desire to stay home and tend to the newborn.
Stanford deserves some credit for being the second nationally prominent graduate school to attempt any accommodation for grad students who become parents. (MIT was the first.) But the progressive impulse that spawned this “breakthrough” has been undermined by using “childbirth accommodation” as a proxy for easing the burden on new mothers. If the goal is truly to achieve diversity by increasing the number of women pursuing advanced degrees, surely a Class I research institution can craft a policy more likely to fulfill its intended purpose -- one not limited to the “June Cleavers” in its grad student population, but generous enough to encompass 21st century parenthood in all its diversity.
Charlotte Fishman is a San Francisco lawyer known for her expertise in the areas of academic discrimination and gender stereotyping. She is Executive Director of Pick Up the Pace, a nonprofit organization whose mission is to identify and eliminate barriers to women’s advancement in the workplace.
Never before in its 91-year history have the officers of the American Association of University Professors heard the call to be arrested in the line of duty. But there we were -- Cary Nelson and Jane Buck, incoming and outgoing AAUP presidents and close friends -- on a New York street on April 27 waiting to be handcuffed and taken to a police station and booked. The AAUP, adding a professional to a basic human right, long ago joined the United Nations in recognizing that all employee groups have the right to choose for themselves whether to be represented collectively. It is not the responsibility of university administrators to decide what is best for their employees. The employees have the right to decide for themselves. NYU graduate employees have twice voted to affirm their decision to engage in collective bargaining.
The National Labor Relations Board appointed by Bill Clinton confirmed the first vote, and the NYU administration negotiated a contract with the union. Then, in a blatantly political move, George Bush's NLRB reversed itself and gave the university the option of withdrawing recognition of the union. Although nothing compelled NYU to do so, it stopped negotiating with its employees. That much is unambiguous, and that alone would have been enough to put us on a New York street blocking traffic, but the crisis at hand was still broader.
The AAUP is concerned not only with the present but also with the future of higher education. We try to articulate principles and set precedents. And we are very much concerned with the precedent this New York struggle is setting. The NYU administration has recklessly ramped up the intensity of the conflict with its graduate students, most of whom had inadequate salaries and health care when the union drive began. So long as those conditions exist across the country, the movement to organize working graduate students will not disappear. But the expectations of what each side can and will do to win have been dramatically increased by the NYU example.
University administrations resisting collective bargaining will now consider it normal and reasonable to retaliate against employees in ways the NLRB would consider flatly illegal in cases where it accepted jurisdiction. And graduate employees will have to counter with more widespread and comprehensive nonviolent civil disobedience. Graduate employees who want some say in their salaries and working conditions will have to bring operations at institutions like NYU to a halt. That is the new and immensely regrettable future the NYU administration has made a reality.
So we sat down in the street north of Washington Square, faculty members from Delaware State University and the University of Illinois at Urbana-Champaign, in a last ditch effort to give the NYU administration a wake-up call. We would prefer a future of rational negotiation, a future characterized by the productive working partnerships graduate employee unions have established with universities across the country. We are concerned that NYU is calling forth a different future -- one of antagonism and opposition.
NYU quite possibly represents a turning point in the history of efforts to improve working conditions in higher education. Especially after nearly 30 years of a steadily growing national trend toward the increasing use of poorly paid contingent labor to do most undergraduate teaching -- a trend in which higher education mirrors the now radical disparity between CEO salaries and the salaries of those on the shop floor -- NYU's effort to decisively disempower its more poorly paid teachers heralds a future of bitter labor conflict in the industry. While it was inspiring to stand beside the courageous students at the forefront of this struggle, it was sobering indeed to realize matters may now get much worse on many other campuses.
Cary Nelson and Jane Buck
Cary Nelson is president-elect and Jane Buck is president of the American Association of University Professors.