October 22, 2020

Breastfeeding in the Era of Zoom

If you’ve been a long-time reader of our blog, you’ll know that pregnancy and motherhood issues have been a source of many of our posts, long before coronavirus upended home and work life. High among the myriad issues related to employment and motherhood is that of breastfeeding. Many workplaces do not provide mothers with appropriate facilities or time to pump or nurse and others publicly shame mothers and even fire them. It has been the source of several lawsuits that we’ve covered, such as this one brought against Frontier Airlines by women flight attendants and pilots.

Obviously, things have changed dramatically since we wrote about the Frontier Airline suit, but one thing that hasn’t changed is how triggering breastfeeding seems to be. And in the era when many office jobs and classrooms have transitioned to video conferencing software and the home/work boundary continues to blur, it has become a source of major contention. Case in point is a recent story that caught our attention involving a student at Fresno City College, who was publicly called out by her professor for simply asking if she could turn her video off during a lecture to feed her 10-month old.

Not only did the professor, who instituted a requirement of video remaining on during the entirety of his 4-hour lecture, deny her request, according to Marcella Mares, the mother, he discussed the issue in a lecture, referring to it as one of a number of “inappropriate things” not allowed during class. Upon investigation by the college, it was clear that Mares’s rights under Title IX and California State law had been violated.

The switch to remote work since the pandemic began has been a period of rapid adjustment for many office workers and students. There are endless lists and think pieces about proper Zoom etiquette or attire, not to mention the trend toward women being heard even less. Should I eat while my professor lectures? Do I need to wear a tie to the team meeting? Can I turn my video off because there are other people in the house? Breastfeeding is indeed among these questions and with the workplace and the home now virtually the same thing, we foresee this not being the last time we read about mothers put on the spot because someone isn’t comfortable with a mother feeding her child.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
Disability Discrimination
The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

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