June 27, 2022

Alex Berke for the Daily Beast: You Know What's Missing from the 'Dobbs' Opinion? Women.

                   

The US Supreme Court’s catastrophic and heartbreaking decision to overturn Roe v. Wade, which has guaranteed a woman’s constitutional right to an abortion for almost 50 years, has ignited a blaze of emotions across the country. From rage and fear, to sadness and pain, many of us are still coming to terms with how to process the events of Friday, June 24. This decision reaches far beyond a medical procedure and touches every aspect of women’s lives—especially those of women of color and women struggling with poverty.

As Alex Berke writes for the Daily Beast in her opinion on Friday, “women continue to be discriminated against after they give birth and are responsible for keeping their child alive.” Workplace discrimination is unlawful, but laws against it do very little to prevent it from happening in the first place. Women forced to be pregnant and give birth could be also forced to suffer discrimination that effects their ability to provide for the child they were compelled to raise.

Read Alex’s piece here for a discussion of other ways in which this decision hobbles women’s ability to stand as equal and free citizens in this country.

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.

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: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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