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.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
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 First Recession for Women

August 11, 2020
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.

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.

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