April 1, 2022
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Confirmation Hearings Descend into Farce as Nominee Ketanji Brown Jackson Remains Steadfast

                   

With an unimpeachable public record, Ketanji Brown Jackson’s Senate confirmation hearings, predictably, veered into farce as Senate Republicans grandstanded for cable news, trotting out various electoral bogeymen, especially Critical Race Theory, and tried to smear Jackson by association.

As Elie Mystal and others have written about, there was one moment, when Ted Cruz, a classmate of Jackson’s at Harvard Law School, tried to provoke her into torpedoing her nomination, that exemplified the tremendous calculation faced by “nearly every Black person and ancestor” as to whether or not to throw everything away to confront white provocations. 

When Cruz asked if Jackson believed that babies were racist, she could have taken the bait, but her long pause before simply answering the question was all she needed to muster to demonstrate how ridiculous the shadow attacks on her were.

For Mystal, Jackson’s pause highlights the indignities that Blacks face in the workplace and his ruminations are recommended reading.

Court Rejects Amazon Warehouse Workers’ Safety Complaints

November 5, 2020
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A Federal judge in New York has rejected a lawsuit from Amazon employees, ruling that OSHA, not courts, should determine what constitutes workplace safety and safe practices.

New Lawsuit against Uber Alleges Civil Rights Violations

November 3, 2020
Race Discrimination
Uber is no stranger to accusations of labor and consumer rights violations, including charges of monopoly behavior, racial bias in poor neighborhoods, wage violations and preventing workers from accessing social welfare during the pandemic. Now, adding to this list, is a new lawsuit filed by former driver Thomas Liu alleging Uber violated non-white drivers’ civil rights protected by Title VII of the 1964 Civil Rights Act.

Employment Litigation Dips during Covid

November 3, 2020
Sexual Harassment
According to a new analysis by Lex Machina and reported on by Law360, workers filed 2,700 fewer federal complaints or lawsuits through the first three quarters of 2020. The report notes that the drop-off has been particularly apparent in the second and third quarters.

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