August 11, 2020

The First Recession for Women

Yes, this is not the first recession or depression to deeply affect women. Literally every economic downturn has had dramatic impacts on everyone. But 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. Welcome to the first women-led recession, or as Amanda Holpuch recently dubbed it in the Guardian, the “shecession.”

It is both cruel and entirely expected. Throughout the twentieth century, and especially during and after World War Two, women entered the workforce at ever greater rates. However, they have been systematically prevented from career advancement. For many, entering the workforce did not mean giving up parenting, but without universal healthcare women burned both ends of the candle or accepted gaps in employment to raise children. This put them at a disadvantage in a system that rewards consistent employment histories. For single mothers, an object of particular derision in American society, the choices were even starker.

Regardless of one’s field, however, women remain consistently underpaid and often siphoned into gendered, low-wage work with far fewer accoutrements of employment security, such as paid sick leave, health insurance, reliable childcare. Employment in service and hospitality swelled in the wake of the last recession bolstered by women workers who accepted precarious employment over none at all. Thus, when the pandemic and its attendant lockdowns and mass furloughs and lay-offs occurred, women were first in the firing line. And even those who could keep their jobs “voluntarily” left work due to child care concerns.

According to the Bureau of Labor Statistics, unemployment rates for women have exceeded 10 percent for the first time since the Truman administration when the BLS first started measuring women’s unemployment. The losses have been particularly devastating to Black and Latinx workers, the latter of whom saw 21% unemployment. Currently, one in six Black women remain unemployed. Additionally, as rehirings have occurred in May and June, women saw their highest gains in the sectors most likely to be affected by the surges in cases that seem to be crashing over the country like a swell breaking along miles of unbroken beach: hospitality and dining. Indeed, according to data one out of three workers rehired during the premature reopening have been laid off again, and more jobs are being permanently lost every week.

This is to say nothing of jobs like grocery store cashiers, social workers, nurses aids, and elderly care workers that have been deemed “essential” and represent large swaths of working women in the US. With the cratering of the largely privatized child care system in the US and most of the largest school districts opting for another round of online learning when schools reopen in the late summer, “essential” women have grim prospects.

Although it would be easy to fall into a deep pessimism, that would be incorrect. As Arundhati Roy remarked recently, the pandemic is a portal, “it offers us a chance to rethink the doomsday machine we have built for ourselves. Nothing would be worse than a return to normality.” Pessimism is in part a desire to return to something that no longer exists. But, do we want a return to a world of debt, precarious low-wage work, few employment rights when  we can imagine and enact a new one where things like universal childcare and paid sick leave are the default, not the rewards for advancing within a rigged system.

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: 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: 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

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