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June 4, 2020

A Generation of Working Mothers Face Employment Disparities

This week, the New York Times reports that the temporary setbacks to gender parity in the workplace are in danger of being close to permanent, leaving a whole generation of women behind their male cohort in the workplace. There has been a decade of fragile progress since the Great Recession, and in February, women represented a majority of civilian, non-farm workers employed in the country. 

But that changed as soon as the lockdown hit, and also laid bare how tenuous such a milestone was with much of the job gains in the last decade in industries vulnerable to any crisis, let alone one of this magnitude.

As layoffs have continued, and the unemployment ranks swell toward 40 million, women have been affected disproportionately and mothers are affected doubly so as they were already more likely to handle the majority of childcare responsibilities and require them to make greater financial and time-related sacrifices.

One major hurdle, according to the Times, is that employers tend to favor hours logged at work, and as the economy starts reopening women are at a numerical disadvantage from short-term layoffs. However, longer-term issues also plague their chances as women are more likely to leave the workforce for a period of time for childcare, and without federal guarantees over employment and parental leave, women can find themselves permanently behind.

In addition to the financial issues, the pandemic has exacerbated problems for those who can work from home, but who also have children. Suddenly, women are performing all of the childcare duties that were previously performed by school, daycare or domestic workers while still working full-time. 

One of the women, whose husband was still working as a delivery driver, was interviewed by the Times reported spending all day doing childcare, and only after children were in bed could she start her 8 hours of work as a digital librarian.

As we’ve argued before, without proper universal childcare policies in the United States, what is, thus far a temporary problem will turn into a full-blown crisis for women who want to remain in the workforce. We can ill-afford to go backwards after the gains women have fought hard for.

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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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