September 13, 2021
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Trends in Covid-Related Litigation

       

Fisher Phillips has been tracking the changing face of legal developments as Covid-19 continues to affect the employment landscape and they have uncovered some important trends in employment law since the beginning of 2021’s “hot summer.” 

According to the FP tracker, the summer saw a huge uptick in employment-based litigation, a trend FP does not foresee slowing down as the country has failed to adequately deal with the rise of the Delta variant and the Biden administration adds new wrinkles with vaccine mandates. This summer, FP saw a more than 50% increase in workplace lawsuits compared to 2020, and this surge seems strongly correlated to the rise of the Delta variant, just as previous spates of lawsuits corresponded to national Covid spikes.

Among the other insights in the report, were which sectors of the economy saw the greatest number of lawsuits as well as which types of lawsuits were most popular. The healthcare industry continues to experience the major share of Covid-related lawsuits with 718 cases. Retail, manufacturing, government, and hospitality rounded out the top five.

Remote work or leave issues, employment discrimination and retaliation or whistleblowing suits comprised 78% of the caseload. FP noted that they have only just started tracking vaccine-related claims, but warned that these would most likely rise sharply in the face of stricter government and employer mandates.

The Postpartum Ad the Oscars Wouldn't Run

February 24, 2020
Pregnancy Discrimination
Paid Family Leave
Sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

Associate Alex Berke quoted in Mother Jones on Defamation and Sexual Harassment

February 18, 2020
Sexual Harassment
Alex Berke, an employment lawyer in New York, says she asks men what their goal is when they come to her after being accused of sexual harassment. Will a lawsuit really stop people from talking about them?

The Rhetoric of Choice Obscures Our Social Obligations to Parents

January 30, 2020
Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

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