November 1, 2021

Gender Bias Adds Up

       

In 2021, hiring and pay discrimination based on gender are at least on people’s radars, not to mention illegal. But what if the discrimination is more subtle and quotidian? The everyday kind of discrimination that doesn’t add up to a lawsuit can be just as damaging to women’s careers as any landmark hiring settlement, but is ignored by the law and marginalized by HR. This is Jessica Nordell’s argument, which she lays out in a recent New York Times op-ed describing the research for her recent book The End of Bias.

Nordell contends that, although much of the discrimination women face in the workplace would never lead to formal complaints on their own, the effects are the same, marginalization, being frozen out of decision-making, and being passed over for promotions.

In the op-ed, Nordell describes a model she and several computer scientists developed to simulate what would happen to cohorts of workers over a 10-year period based on a set of rules that incorporate the kind of gender bias discussed in the research literature Nordell reviewed. Her findings, while not surprising, are certainly dismaying, with women less likely to make it to the highest level in her workplace simulation and more likely to spend more time getting there than male counterparts.

Unfortunately, what is to be done is not entirely clear. Generally, Nordell says that leaders need to be fully committed to overhauling practices and culture, but the specific interventions, unlike in her simulation where they imposed quotas which had some effect on bias, are still so dependent on the profession, social pressures beyond the workplace and who is actually involved in the decision-making process.

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With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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