May 20, 2020
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Americans Still Uncomfortable Returning to Work or Being in Crowds

Along with the rest of the world, we’re continuing to watch the reopening efforts unfolding. In countries like France and Iran, which have reopened in recent weeks, there have been setbacks as new outbreaks pop up; something that epidemiologists and public health experts expected.

Here in the U.S., reopening has been left largely up to choices on a state-by-state or even county-by-county basis, often with states reopening while not yet meeting CDC guidelines regarding insufficient testing regimes or too many daily cases to make contact tracing logistically feasible.

One of the major hurdles to reopening, as we have noted in previous blog posts, is ensuring that employers have taken appropriate safeguards to protect their workers. As we learn more about the virus, one thing that is increasingly clear is that many of the major outbreaks are occurring at the workplace, with significant hotspots at prisons, call centers, meat processing facilities, and warehouses where many people are crammed together in poorly ventilated areas. At the end of April, 66% of workers were not comfortable returning to the workplace.

At this point, without firm guidelines, and a Senate majority leader blocking any progress on a new round of stimulus unless employers are exempted from liability regarding workplace safety, there is still too much uncertainty regarding employees safety at work. On top of that, some states are trying to force workers off unemployment rolls by making them ineligible for benefits if they are invited back to work by the employers, regardless of whether the employers have taken COVID-specific health and safety precautions.

Ultimately in the U.S., it will be up to individuals to make these determinations. In April, the Associated Press reported that 94% of Americans were avoiding large crowds, and according to former Obama-era official Andy Slavitt, that number has barely budged, with 70% saying it will take months for them to feel comfortable in crowds of 10 or more.

“She-cession” Global, Not Local

March 10, 2021
Gender Discrimination
Whether it is increasing the number of hours spent working, picking up the slack in domestic life, being forced to quit to take care of children or other family, or leaving the job market entirely, women in the US have taken the brunt of the pandemic’s resulting economic crisis, so much so that it has been dubbed the first “she-cession.” The Financial Times has released a survey demonstrating that this is an issue for women internationally, not just in the United States.

Alex Berke Quoted in New York Times Article on the Pregnant Workers Fairness Act

March 5, 2021
Pregnancy Discrimination
The pandemic may be creating a path for the Pregnant Workers Fairness Act, which was first introduced in 2012 to become law. This law will help clarify and define the rights of women to receive accommodations in the workplace.

Laurie Berke-Weiss Quoted in NY Law Journal Article about Investigation into Sexual Harassment Claims Against Governor Cuomo

March 3, 2021
Sexual Harassment
As New Yorkers follow the sexual harassment allegations against Governor Cuomo with interest, the New York Law Journal explores “What’s Next for the Investigation Into Sexual Harassment Claims Against Cuomo.”

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