August 23, 2021
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Another Tough School Year on the Horizon

Although the latest wave of Covid, fueled by the Delta variant, is cresting in some places, its impact has been felt, including by parents who were relying on schools being open for in-person sessions this fall. After a year and a half of stop-start at schools, the fall semester is already being hampered with many schools having to close or quarantine significant portions of their population.

This is especially bad news as there has been little headway made by legislators or the private sector in finding ways to provide parents with paid leave to deal with care-related emergencies, most notably by the sudden closure of schools. In a recent article for The Romper, Eliot Haspel argues that businesses must develop flexible and equitable strategies to help alleviate the burden on parents who may be forced to resume full-time childcare when Covid outbreaks occur.

Haspel suggests policies like “dependent COVID leave” which would allow workers with dependents to bank time. He also notes that care needs to be paid to providing workers, and especially managers, with proper training to understand why there is a need for such contingencies.

Even with the Pfizer-BioNTech vaccine receiving full FDA approval, setting up a gargantuan fight over vaccine mandates, and school systems, such as New York City public schools, requiring all employees to be vaccinated, this seems unlikely to be enough to prevent outbreaks in the short term, especially as vaccination efforts have stalled and breakthrough cases increase. Thinking realistically, this pandemic is far from over, and we think Haspel’s ideas have real merit for alleviating the stress for people with dependents.

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.

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.

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