June 2, 2020

Antiracism Resources

Our Firm is saddened and angered by the killings of and violence against Black people by government authorities, as well as efforts to limit peaceful protest. In our legal practice, we fight against race discrimination in the workplace using the law, but these tragic events invite the law to do better now than in the past to provide justice and healing to those affected personally, and to our society as a whole.  What does it mean to do better? For our Firm, it means deepening our antiracism practice by working to recognize, name, and dismantle racism that we see around us, even when it may make us feel uncomfortable to do so.

We take this opportunity to share some of the many resources available to help us on this journey. These resources can deepen our understanding of the structural racism in American society, and help us to take steps as lawyers, and as human beings, to dismantle that structure:

Fordham Law School’s Dean Matthew Diller made this poignant statement in response to current events, which resonates with us today:

“As lawyers, we have a special commitment to work toward the principle of equal justice under law – the principle that demands that African Americans are entitled to live safely and without fear; the principle that makes evident that New Yorkers should be able to enjoy the pleasures of Central Park without harassment or fear of arrest. The events of the last weeks reinforce that which is apparent in the string of injustices that continue to happen both here in New York and throughout our nation – much work needs to be done.”

In the weeks and months ahead, we look forward to deepening our knowledge and redoubling our efforts to advance the principle of equal justice under law, in the workplace and beyond.  Please join us in this important conversation.

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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.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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