November 1, 2022

Labor Market Strong for Workers with Disabilities

For many workers in the US, the pandemic has reshaped the employment landscape. Fully remote and hybrid work have become normal. This shift in the landscape along with a serious tightening in the labor pool over the past year, has had a huge effect on a group of workers previously marginalized in the job market: workers with disabilities.

Whether it was the taxing commute or an inability to get proper accommodations in an office setting, employers’ shift to remote work has led to a significant uptick in employment levels for workers with disabilities. In fact, it has rocketed the group to levels not seen even before the pandemic began, according to a recent article in the New York Times. While employment for workers without disabilities has plateaued at roughly pre-pandemic levels, employment for those with disabilities is up by more than 10%.

But, according to the article, it’s not a simple matter of employment. Many interviewees responded that they are getting more and better job offers, partially because remote work means companies have less incentive to put up a fight over legally required accommodations, or to disqualify candidates during the hiring process because of a disability, something that violates federal employment law, but remains far too common.

Historically, employers turn to those with disabilities when labor markets are strong and ditch them during downturns, but according to advocates and observers remote work might bring an end to this discriminatory employment cycle.

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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.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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