September 10, 2021
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The DOJ Plays Whack-a-Mole to Try to Save Roe From Texas Abortion Law

   

A little more than a week after Senate Bill 8 (SB 8) went into effect in the state of Texas, most of us still have anxious questions about the unconstitutional law, not least of which is, what can be done about this?

Senior Associate Alex Berke, in another article for The Daily Beast, unpacks the Whack-A-Mole maneuver the DOJ is currently engaged in—and may be engaged in for a long time. She writes, “The DOJ is uniquely situated to argue that the law must be stopped from being in effect, because state law cannot violate federal law, and cannot directly regulate the activities of the federal government and its contractors.” Read the article here.

The Texas legislation seeks to upend Roe v. Wade by deputizing private citizens—instead of the state—to enforce a ban on abortions after merely 6 weeks of pregnancy (before most women even realize they’re pregnant). If you haven’t read Alex’s first Daily Beast piece which covers SB 8, you can read it here.

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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.

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