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.

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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