January 8, 2021

Paid Maternity Leave Finds an Unlikely Champion, But Is That Enough?

On the heels of some important wins for paid leave in the 2020 election, paid maternity leave has found a new supporter. One who you might not have expected: conservative co-host of The View Megan McCain. She had her epiphany while dealing with medical-related complications after she gave birth. According to McCain, she realized how unfair it must be that people with similar experiences with maternity, but without her access to wealth and power, are forced to choose between their own health and drawing a paycheck. So, when she returned to her job, she asked her co-hosts to make paid maternity leave a priority for their work in 2021.

As the Washington Post columnist Monica Hesse notes, you don’t look the other way when someone comes on board to your political views, even when you may have strongly differing views on many other points. Another advocate with such a large following demanding politicians to make paid maternity leave a reality is important, and one we applaud. As we have noted more times than we care to recall, the United States remains the only OECD country to not have a comprehensive national paid leave scheme for new parents (nor paid leave schemes for workers in general).

The challenge is, Hesse notes, “how we can speed up this process so that it doesn’t require every leave-denier to personally birth a child before they also get on board.” Hesse, unfortunately, has no ready answers beyond the suggestion that “empathy is a muscle” that needs to be strengthened. 

It might be better if we see access to maternity leave as part of a larger constellation of rights necessary for a humane and dignified existence. Like a constellation, each part of this grouping of rights is connected to others. Quality universal medical care and childcare, robust unemployment programs, and equal access to education and other tools of enrichment are all members of this constellation. What we have to do is connect the dots, which allows people to recognize that while every individual has unique experiences, each is part of a larger sum, a society.


white line

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.

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.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.