March 14, 2022

Remote Work a Boon for Pregnant Workers?

       

For most pregnant people, at some point, a pregnancy isn’t something they can hide. Starting to “show” unleashes a flood of questions from strangers, family, and friends about names, breastfeeding, and due dates that can range from simply innocuous to downright intrusive. More invasive is the unwanted touch–or, at work, the “well-intentioned” reduction of an expectant mother’s workload. 

But with the wholesale adoption of remote work, the situation has changed dramatically for working women, writes Sarah Kessler in the New York Times. While acknowledging that many pregnant women during the pandemic still had no option but to attend work in person, Kessler notes that for those fortunate enough to be able to work from home, the small box containing their faces no longer broadcasts impending parenthood. Instead, women are able to focus on work, an act of normalcy expectant parents who aren’t pregnant have always enjoyed.

Kessler writes that she could deal with her morning sickness and change in appearance without the intrusion of co-workers into what is often a private matter.  She was able to switch from pants to leggings without scrutiny and eat saltines to relieve her nausea off-camera. 

These circumstances may also have a positive effect on the illegal–but all too common–practices of not promoting or giving raises to expectant mothers, or worse, forcing them out of a job altogether. Expectant mothers also experience less mentorship or support at work once they disclose their pregnancy. 

Kessler’s article includes insights from many interviewees who describe how different their pregnancies were behind the mask of Zoom and it’s well worth reading to find at least a small silver lining in what has been a difficult two years for working parents.

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The First Recession for Women

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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

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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

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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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