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Full-Text Articles in Law
Without Accommodation, Jennifer Bennett Shinall
Without Accommodation, Jennifer Bennett Shinall
Indiana Law Journal
Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job Flexibilities Module, I …
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink
Utah Law Review
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Faculty Scholarship
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
University of Cincinnati Law Review
No abstract provided.
Employment Status For "Essential Workers": The Case For Gig Worker Parity, Miriam A. Cherry
Employment Status For "Essential Workers": The Case For Gig Worker Parity, Miriam A. Cherry
Faculty Publications
The continuing misclassification of gig workers as independent contractors has been problematic for over a decade. Several misconceptions have contributed to this marginalization of on-demand workers: technology that often obscures the work that is being performed; the view that platform work is a side hustle; or that platform work exists only for customer convenience or frivolous requests. During the coronavirus pandemic these myths about gig work were turned upside down as on-demand workers were recognized for their efforts and labeled essential workers. With that recognition came newly-awarded benefits, like pandemic unemployment assistance and paid sick leave. As such, the events …