Alba Conte:  

CLASS OF 1972
Alba Conte's Classmates® Profile Photo
Lawrenceville, NJ

Alba's Story

January 2016. After spending a couple years at the University of Connecticut, studying theater and dance and as a member of the Connecticut Dance Theater Workshop, I graduated from Douglass College, where I fell in love with Women's Studies. I subsequently graduated from the University of Pennsylvania Law School and opted to write legal treatises instead of practicing and have been doing so for 40 years. 😳 I wrote the first treatise on sexual harassment law, and my other books are on class actions (12 volumes!), court-awarded attorney fees and the legal rights of gays and lesbians. I used to consult in my areas of expertise, but decided that life is too short for that kind of stress. I love the solitude and flexibility of my work. It's been an amazing career, and I am so grateful for the opportunity. The sad note is that the co-author of the class action treatise, Herb Newberg, who launched my career when he asked me to write the second edition of the book with him, died at the age of 53 (!) while dancing at a wedding (poor bride!), leaving me with a broken heart and a half-finished manuscript for the third edition. I finished it, but came down with fibromyalgia as a result of the stress, an unnecessary tetanus shot given to me while I had a very bad flu, and a lingering back injury from a 28 foot fall from the grand stair bannister while in law school. (I was trying to slide down in sweat pants and went over instead.) (I am much luckier than I am smart.) It took me many years to get better, and the desert air, with its few barometric pressure changes, suits me best. I moved to beautiful Oregon where I lived for 15 years before moving to Santa Barbara for 10 years, and then to Maui, where the weather is nice but the population transient and the stripping of the culture distressing. After a couple of years I realized my heart was still in Oregon, and I bought a home there next door to my ex-husband in 2008. In 2013 I married a man whom I have known for 29 years, the brother of my three best friends, and we are living with our chihuahuas in Portland and in a vintage trailer park in Palm Springs, The mountains in Palm Springs take my breath away, as does the expanse of blue sky. October 2016. Because of the health of a family member, we are delaying migration to Palm Springs this year, but next week I am flying down to accept delivery of a brand new custom mobile home in the same park. This tiny house will serve as my office. Mobile home living is the best kept secret in expensive Palm Springs. The house will be on a large corner lot with a beautiful huge palm tree and mountain view. It is 400 sq. feet with a 120 sq. ft. loft. November 2016. I missed my 44th reunion for a number of reasons. My fibromyalgia makes it difficult to take short, time-zone changing trips. Variation from routine is exhausting, Not complaining! I am able to work out every day and can work and run my household. I also had a bout of melanoma in my arm, and after two procedures it was totally removed, I hope, but I don't want to push an already compromised immune system. My introversion also makes the thought of a crowd daunting. November 2017. Well, my best friend of 32 years died last year and I can't believe it will be a year November 19. I have never felt such a loss. We will be heading back to Palm Springs in December. The new office is great and I look forward to the warm sun after a miserable fall in Portland. Portland is also getting increasingly dense--apartment buildings are replacing single family homes all over the city, making the expanse of Palm Springs even more appealing. We lost our oldest dog, Lucy, this year. At 15.5, she had survived for five years with heart disease and pulmonary hypertension, as well as a disk injury, an intestinal obstruction that almost killed her, and an abduction that lasted a week. She was a tough little girl and we miss her a lot. They never live long enough. We lost the second oldest a few months later. Stella was the kindest, least assuming dog I have ever had. She even died politely, falling into a forever sleep on a folded towel. She never looked for trouble. I had her ashes placed in a brass heart. I was recently interviewed by my publisher. Suddenly everyone is interested in sexual harassment: EXPERT SPOTLIGHT—Clear policy, vigilance key to avoiding workplace problems, says sexual harassment expert Alba Conte Alba Conte, author of Sexual Harassment in the Workplace, sat for an interview with Wolters Kluwer to discuss the state of sexual harassment law in view of recent events. Conte graduated from the University of Pennsylvania Law School when there were only two women professors—one of whom was African-American and one of the two African-American professors—and the clinical program was not considered worthy of tenure-track positions. Conte has spent her entire career writing and consulting in her various areas of expertise. Writing and consulting often overlapped, and those were the cases of most interest to her, she said. She feels fortunate to have had the chance to collaborate with the late Herbert Newberg on the second edition of his treatise, Newberg on Class Actions, right after law school, during a time when there were few opportunities for the attorney who wanted to elude a corporate career. A rush to judgment? "Rushing to judgment" will be the biggest "pain point" for employers over the coming year, Conte said. In the entertainment realm, you have alleged serial harassers like Harvey Weinstein, whose vicious deals with actresses and conduct displayed the worst possible examples of what occurs in all work arenas. In his case, however, the pervasiveness of his conduct has been well-established in the public forum. Single unsubstantiated allegations in the public forum are enough to ruin peoples’ careers. An employer must be careful to quickly respond to complaints and conduct appropriate investigations, she said. If there is credible evidence to support the accusation, an employer must take effective action against the offender. Due process. There has been a lot of talk about due process, added Conte. We must remember that due process is not guaranteed in private settings but is a legal concept that applies to government action. There is no such thing as a legal due process right when it comes to getting fired by a private employer. But an alleged harasser can challenge discharge in a number of ways, and employers will have to be vigilant in protecting the rights of all employees and not act precipitously. Enforce a clear policy. Clear workplace policy is imperative, Conte claimed. The Producers Guild of America has released its "PGA Anti-Sexual Harassment Guidelines," which offer specific procedures to safeguard against sexual harassment on and off the set. Many employers have such procedures in place. Now they must be prepared to enforce them. Calls to crisis lines spiked when the #MeToo movement began in October 2017, with people waiting up to three hours to talk to someone at the country's largest one, the National Sexual Assault Hotline. The number of calls to the Rape, Abuse & Incest National Network hotline surged 25 percent in November from a year earlier, and another 30 percent in December. Its 209,480 total calls in 2017 were the most for any year since it was established in 1993. Effective training. The "wake-up call" is now, Conte said. A booklet of sexual harassment guidelines is inadequate without real life training. Years ago, Conte was involved in some of this training, and most people attending treated it as a joke. It is the employer’s responsibility to convey the seriousness of the issue, and the severity of the consequences, without the nudge and wink that used to accompany such training. The #MeToo movement has evolved into #TimesUp, and state and federal governments are recognizing that they must step up and join private industry in protecting their employees. Significant legal developments. Despite the passage over decades of federal and state laws that protect victims of sexual harassment, most women continued to suffer this humiliation in silence, Conte averred. Recourse has been an abstraction that holds little meaning when its prospect invites shunning and denials by those you thought were sympathetic workplace allies, and/or it is met by employers with yet another injustice—retaliation, she added. "We often do what we have to do to keep and advance in our jobs without even realizing the injustice," she noted. Those remarkable, strong Olympians who were assaulted repeatedly by their doctor could not even process the betrayal by both the physician and the organization that was supposed to protect them. Dawning recognition of harassment. Conte said she first tried to write Sexual Harassment in the Workplace around 1984, but there was little interest among publishers until the U.S. Supreme Court recognized sexual harassment as discrimination in 1986 with the landmark case, Meritor Savings Bank v. Vinson. People still seemed bewildered by the illegality of what they viewed as trad...Expand for more
itional, harmless workplace behavior. While Conte was writing Sexual Harassment in the Workplace, The Portland Oregonian published an article stating that a survey of 200 CEOs concluded that sexual harassment was not a problem in Oregon. She wrote a rebuttal that received little attention. Soon, however, Anita Hill would allege that she was sexually harassed by Clarence Thomas, and Oregon’s own Senator Bob Packwood, in his fifth term and long a supporter of women’s rights, would be charged with being a serial harasser, Conte said. Societal factors. Like the Clarence Thomas-Anita Hill hearings, the Packwood case brought the issue of workplace sexual behavior to the forefront in Oregon, noted Conte. An increasing number of sexual harassment suits were brought. But the underlying tenacity of certain societal factors kept discrimination alive. These include the power structure of employment relationships, resentment for women in the workplace, and the idea that women invite harassment by teasing or "setting up" male employees. Outside the workplace, other forms of sexism that hinder equality include emphasis on traditional marriage elements like the taking of the husband’s last name, she added. Status of women. A recent study indicated that 70 percent of Americans believe a woman should take her husband’s last name and 50 percent thought it should be a legal requirement for a woman to do so. The study found that lower-educated men believed a woman who kept her birth name to be a "less committed" wife than one who didn’t. This group also found that her husband would be more justified in divorcing her for her perceived neglect of the marriage when given a scenario where two women, one with her birth name and the other with her husband’s name, repeatedly worked late. The most common reason given by individuals who advocated for women's name change was the belief that women should prioritize their marriage and their family ahead of themselves. Women often use the notion of tradition to justify adherence to dated notions of marriage, including the use of the husband's last name. What makes it "hard" is the illusion of paperwork (there is none) and more importantly, the pushback by friends and family. This approach undermines progressbecause it reinforces the notions of inferiority and property rights of husbands, Conte claimed. It translates into the idea that women shouldn’t be able to tell men what to do at the workplace and that women can be controlled. Harassment is related to how society defines gender: Males learn a sense of superiority over females during childhood and reaffirm that notion into adulthood. If you subscribe to that notion, you won’t be able to work for women without consequences of some kind, she added. Workplace reckoning. Despite all the legal advances, the "old boys’ network" is still entrenched and self-serving, Conte said. The Harvey Weinstein revelations led to a day of reckoning for the women, most of us who had come to regard harassment, both at work and in public, as just another day, she added. The unique feature of the workplace, however, is the ability to hold alleged harassers financially accountable for their deeds. Agriculture is a particularly dangerous industry for women—80 percent of women farmworkers report having experienced some form of sexual violence on the job. According to Conte, the financial accountability for misconduct has been demonstrated in the Florida tomato industry by the Coalition of Immokalee Workers through its Fair Food Program, which puts market pressure on tomato growers to enforce a strict code of conduct in their fields. The code was developed by workers themselves and sets various human-rights standards, one of which is zero tolerance for sexual assault. It requires immediate firing for unwanted physical touching. Severe economic consequences go to the grower who does not respond to complaints. The code covers more than 90 percent of Florida’s $600 million tomato industry. The coalition has established legally binding agreements with 14 of the world’s largest retail food corporations that purchase tomatoes. These corporations must cut off purchases from farms that are out of compliance with the code. This success was hard won—the coalition educated consumers about the plight of farmworkers via hunger strikes, marches, and direct action. Every new employee immediately receives a trilingual pamphlet and watches a CIW-produced video about the code, and then participates in worker-to-worker education sessions in the fields. This is a heartening approach which should be extended to other industries. Other interests. Conte said that she’s always loved research and writing. In law school, she published the Women and the Law Handbook, as well as a monthly newsletter. They were supported by alumnae contributions and Xeroxed and hand-bound with her own original cartoons. Over 35 years later, she is developing a web site that she hopes will be a similarly comprehensive collection of current issues facing women in the law. The best years of her life were those spent dancing and performing as a member of the Connecticut Dance Theater Workshop, Conte claimed. Over the years she’s traveled to Paris and London to do research on women’s legal issues in Europe and returns to Paris when possible to satisfy her other passion, photography. Her original goal to elude that corporate career was a good one, she said. She cherishes her flexibility and has had the wonderful opportunity to work with people who have devoted their lives to civil rights. Her assistants over the years, Kim Lakin and Kathe Koretsky, were the self-starters everyone dreams of. It’s been a rewarding, if modest, career, she concluded. With over 35 years’ worth of publications, Alba Conte is an expert in sexual harassment, class actions, the legal rights of gays and lesbians, and court-awarded attorney's fees. Her path to writing the first legal treatise on sexual harassment was paved with first-hand experience as a diner waitress. Inspired by the degradation she witnessed in the workplace, she went on to earn a degree in Women’s Studies at Douglass College of Rutgers University and a law degree at the University of Pennsylvania, where she was awarded the Alice Paul Award for her contribution to the legal status of women at the University with her publications. She continued her writing after law school, as the co-author of Newberg on Class Actions, and the author of Sexual Harassment in the Workplace: Law and Practice, The Legal Rights of Gays and Lesbians and Attorney Fee Awards, as the author of a number of legal articles, and as a contributing author to other works. She has been consulting and providing expert testimony in these areas for over 25 years, and her work has been cited a number of times by the United States Supreme Court, in cases including the discrimination class action Wal-mart Stores, Inc. v. Dukes, Amchem Products, Inc. v. Windsor, Comcast Corp. v. Behrend, Standard Fire Ins. Co. v. Knowles, Smith v. Bayer Corp., and Ortiz v. Fibreboard Corp., and by hundreds of other federal and state courts. (That was the boring article.) update 2022: Dodged a covid bullet so far. Having worked in a home office for 40 years I didn't feel trapped and I love my husband so much it was great being with him all the time. We are starting to venture out a little but always admit that we prefer being home. We are trying to buy a little lot on a peninsula in Baja, 800 feet up with a breathtaking view of the Pacific, so we can be even more isolated. 😂. Everything takes sooooo long in Mexico, doubly so because of Covid and the role of the government when foreigners want to buy coastal property. The time goes by so quickly now and I am grateful for every day. I am also mourning the fact that the Supreme Court has decimated a lot of the work that I have done for over 50 years. June 2023 We bought the lot but decided that the risks associated with building and the exorbitant cost of building materials didn't make such a project viable right now, so I had been keeping my eye on a secure expat community north of San Felipe, Baja on the Sea of Cortez. A sweet house became available and we bought it, though it took seven months to close because of the complications surrounding foreign ownership of coastal properties. Like the lot, it is deeded property, but the title is held in a trust. Our darling sellers invited us to spend the night in the casita the night before closing, so they could show us how everything in the house worked. It is about 8 blocks to the beach, with an amazing view, Bill calls it Alba's Great Adventure. It's never too late to embark on one. We are packing up the Portland house to sell, with no regrets or second thoughts. It's time. October 2023, House in Portland is sold and we have moved into the house in Baja, It is a dream come true. Except for the big tarantula we encountered on the beach. Our Portland furniture, always a little tight in our house there because the rooms are small, looks like it was made for this house.
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Alba Conte's Classmates profile album
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Alba Conte's album, San Felipe
Colorado River, Blythe CA
A beautiful day at Timberline.
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
There is still time to help get people to register and vote in Georgia! Go to Votefwd.org!
Thanksgiving is over. Time to put away the ghouls. Maybe.
Thanks Pamela Donison!
Kitchen coaches.
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
Firefighters.
Too soon?
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
Alba Conte's album, Mobile Uploads
Alba Conte's album, Mobile Uploads
Alba Conte's album, Timeline Photos
Alba Conte's album, Timeline Photos
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