February 24, 2020

The Postpartum Ad the Oscars Wouldn't Run

Hollywood actors and executives talk a big game about the industry's ability to confront and address important social issues. One needs to look no further than the variety of causes Oscar winners stump for during their acceptance speeches. However, sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

Perhaps this should come as little surprise for an industry that still uses antifreeze-blue liquid as a stand-in for menstrual blood or a baby's dirty diaper, but it is disheartening nonetheless, especially in the present moment, when there is increased scrutiny on Hollywood workplace culture in particular, but also work culture more generally, that is in dire need of confronting the issues facing new mothers. 

The ad's champions have gone on record to highlight how accurate and important the ad's depiction was, and what was lost by not airing it. Principally, the ad would have been an opportunity to raise awareness not only about the struggles of postpartum life, but also highlighting how essential paid parental leave is. Leave policies need to be understood no simply as time away from work, but as an opportunity for parents to acclimate to a new stage in life without the stress of missed workforce participation. Additionally, clinical trial researchers have suggested that such leave policies lead to better health outcomes for parents and children.

The ad also had the potential to show others that such policies allow mothers the chance to heal, physically, from childbirth, something that Hollywood or the advertising industry rarely addresses in realistic terms that acknowledge the depth of change and the physical and emotional stress childbirth places on mothers. This is not to say that childbirth and motherhood does not have its joys as well, but only to acknowledge that there are real, concrete issues that new mothers face, and often face alone. 

By denying women's chance to recognize their experiences and realize that their challenges are shared by millions of other parents, we cannot push toward policies that make such a huge life transition as motherhood better for new mothers.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

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

July 31, 2020
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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.

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.

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