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 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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