California should pass AB1119 to protect the work rights of family caregivers

From today’s Los Angeles Times:

As travel ground to a halt in April 2020, the janitorial staff at a hotel chain were furloughed. When business resumed, everyone was called back — everyone, that is, except the mothers.

In a pandemic layoff at another company, only two people lost their jobs — one was a new mother, the other was on maternity leave.

When a woman complained about insufficient COVID-19 protection at a warehouse distribution center, her bosses retaliated by rescheduling her, making it nearly impossible for her to supervise her children’s remote schooling and do her job at the same time.

We see discrimination against parents at the UC Hastings Law School Center for WorkLife Law during normal times, but calls to our hotline increased sevenfold as COVID-19 took hold.

It’s no news that workers are vulnerable because of the weakness of American employment laws, but it may be news that their family responsibilities may put them at greater risk.

Employers prefer “ideal” workers, the kind whose home lives don’t impose on workdays or require even occasional flexibility. The pandemic upended the notion that cookie-cutter rigidity is a work prerequisite, but it also gave some bosses cover to stick with the old mindset, as the workers who’ve been calling us discovered.

California is considering legislation that would push such employers into new thinking.

Assembly Bill 1119, now under committee consideration, would amend the state’s Fair Employment and Housing Act in two ways: It would make it illegal for employers to discriminate against people seeking, obtaining and holding work based on family caregiving responsibilities. And it would require employers to give regular caregivers — those with “direct and ongoing” responsibilities for children and other family members — simple accommodations, such as the right to arrive a few minutes late when school or childcare becomes unexpectedly unavailable, unless the accommodation imposes an undue hardship on the employer.

Read the complete article here.

New Evidence of Age Bias in Hiring, and a Push to Fight It

From today’s New York Times:

Across the United States, mammoth corporations and family businesses share a complaint: a shortage of workers. As the unemployment rate has tunneled its way to a half-century low, employers insist they must scramble to lure applicants.

The shadow of age bias in hiring, though, is long. Tens of thousands of workers say that even with the right qualifications for a job, they are repeatedly turned away because they are over 50, or even 40, and considered too old.

The problem is getting more scrutiny after revelations that hundreds of employers shut out middle-aged and older Americans in their recruiting on Facebook, LinkedIn and other platforms. Those disclosures are supercharging a wave of litigation.

But as cases make their way to court, the legal road for proving age discrimination, always difficult, has only roughened. Recent decisions by federal appeals courts in Chicago and Atlanta have limited the reach of anti-discrimination protections and made it even harder for job applicants to win.

It is complicating an already challenging juncture of life. Workers over 50 — about 54 million Americans — are now facing much more precarious financial circumstances, a legacy of the recession.

More than half of workers over 50 lose longtime jobs before they are ready to retire, according to a recent analysis by the Urban Institute and ProPublica. Of those, nine out of 10 never recover their previous earning power. Some are able to find only piecemeal or gig work.

“If you lose your job at an older age, it’s really hard to get a new one,” said Richard Johnson, an Urban Institute economist who worked on the analysis.

Read the complete article here.

Record numbers of folks age 85+ are working. Here’s what they’re doing.

From today’s Washington Post:

Seventy may be the new 60, and 80 may be the new 70, but 85 is still pretty old to work in America. Yet in some ways, it is the era of the very old worker in America.

Overall, 255,000 Americans 85 years old or older were working over the past 12 months. That’s 4.4 percent of Americans that age, up from 2.6 percent in 2006, before the recession. It’s the highest number on record.

They’re doing all sorts of jobs — crossing guards, farmers and ranchers, even truckers, as my colleague Heather Long revealed in a front-page story last week. Indeed, there are between 1,000 and 3,000 U.S. truckers age 85 or older, based on 2016 Census Bureau figures. Their ranks have roughly doubled since the Great Recession.

America’s aging workforce has defined the post-Great Recession labor market. Baby boomers and their parents are working longeras life expectancies grow, retirement plans shrink, education levels rise and work becomes less physically demanding. Labor Department figures show that at every year of age above 55, U.S. residents are working or looking for work at the highest rates on record.

At the lower end of the age curve, the opposite holds true. Workers age 30 and younger are staying on the sidelines at rates not seen since the 1960s and ’70s, when women weren’t yet entering the workforce at the level they are today.

Read the complete article here.