August 24, 2020

The New Parenting

This week, we’re going to spotlight one of the hot button issues at the intersection of employment and pandemic: how parents are going to cope in a fall without schools. Since March, when the earliest lockdowns began, we were already concerned with what would happen to parents facing school and childcare facility closures, working from home, not working at all, having to make choices between work and care. And, in our round ups of weekly FFCRA complaints, a clear trend emerged with wrongful terminations often due to parents taking legally allowed leave to provide childcare. With the FFCRA protections scheduled to expire at the end of the year and in-person schooling extremely unlikely for most, parenting and the childcare sector more broadly are at a precarious crossroad.

So, starting with today’s post we are going to shed light on what parents are trying to do to provide some form of structured education to kids who can’t go back to the classroom. The solutions mostly serve to deepen the relief of how class,  race, and geography all continue to be important factors in the limits of parents’ abilities to provide children with a safe place to be while preserving parents’ energy and ability to work and care. They also demonstrate how care work is an infrastructure issue, because without care, parents - but mostly moms- are forced out of the workplace.

Over the course of the week we will look at the idea of pods, the costs of personalized teaching, what parents of children with special needs are doing, and how school districts are responding to the demand from parents to access teachers and educational resources for kids who have nowhere else to go.

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Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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.

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