May 14, 2020

New Research Demonstrates Women of Color Hardest Hit by Pandemic’s Economic Catastrophe

It’s another Thursday, which means the nation’s employment reports are out, and they show a further 3 million people have filed jobless claims, taking the total on the unemployment rolls north of 36 million Americans. But, just as the coronavirus itself has not affected the general population proportionally, its economic consequences haven't either.  

ColorLines has a new post that highlights recent research about the impact the unemployment catastrophe has had by gender and race. Conducted by Forbes, the research concludes that women of color have experienced “disproportionate job losses.” The reasons for these disproportionate losses are the result of numerous factors and historical causes that far predate the pandemic, but have been exacerbated by it.

As ColorLines’s N. Jamiyla Chisholm highlighted, women of color have entered low-wage service work at large levels, and these jobs in restaurants, retail, homecare and other lines of work have been some of the hardest hit by unemployment. Additionally, Chisolm notes that those who remain employed are often in some of the riskiest jobs as far as infection rates go, such as cashiers, warehouse workers, and meat processors all come with low wages and little ability to social distance.

Both Christian Weller, author of the Forbes article, and Chisolm call for better data tracking with more granular information about those impacted by the economic crisis. This can lead to better policies to protect people who were already marginalized and vulnerable to economic crises before coronavirus and who now face profoundly more difficult choices about employment, safety, and the health of their families.

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New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

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