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Supporting Employee Lactation: Do U.S. Workplace Lactation Benefit Mandates Align with Evidence-Based Practice?
Get PDFWithin the United States, there are governmental benefits and policies in place to support breastfeeding mothers as they return to work. However, the effectiveness and inclusiveness of these policies is not always clear. Because of this, breastfeeding at work, in general, and governmental workplace mandates, specifically, often receive negative press and social media attention as women struggle to reconcile their workplace and lactation demands. To provide evidence-based recommendations for how to best support breastfeeding employees, we use an organizational science perspective to review the existing research for evidence on the (1) effectiveness of the existing legal benefits and supports within the US, and (2) barriers or facilitators that impact benefit success. Through this, we identify areas for improvement and provide suggestions for policy
The Further Downfalls of DCFS During the COVID-19 Pandemic
Get PDFThe COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.https://scholarship.law.slu.edu/lawjournalonline/1049/thumbnail.jp
Taking Employment Contracts Seriously
Get PDFThe essay, written for the Symposium in Honor of the Work of Charles A. Sullivan, examines the honoree\u27s work on the employment contract. Rather than quickly moving past the common law of contract onto the many statutory regimes governing the workplace, Sullivan has repeatedly explored the nature of the employment agreement and the role of common-law doctrines in regulating this relationship. The essay explores Sullivan\u27s expeditions into the common law and compares his work with those scholars working in the private law and New Private Law traditions. In addition, I argue that the contractual approach has failed to appreciate the role of organizational law in employment and that this omission should be rectified
Legalizing Midwifery in Missouri
Get PDFTwo decades after the Missouri Supreme Court upheld an injunction against the practice of midwifery, two midwives became lobbyists for the cause and, with the remarkable cooperation of friendly legislators and lobbyists, got a provision inserted in a health bill legalizing the practice of tocology, a synonym for midwifery that went unnoticed by legislators who voted for the lengthy bill in which it was inserted. Medical associations sued to invalidate this stealth provision but their efforts failed when the Missouri Supreme Court declined to grant standing to the doctors to protect the interests of the public. Thirteen years later, the practice of midwifery in Missouri remains legal.Part I Mastering the Legislative Game With Stealth and Faith tells the story of lobbying the legislation; Part II The Physicians Go to Court; the Midwives Lawyer Up\u27 tells the story of the legal fight to uphold the validity of the legislation
Waging War Against Prior Pay: The Pay Structure That Reenforces the Systemic Gender Discrimination in the Workplace
Get PDFUsing Open-Source, Collaborative Online Reading to Teach Property
Get PDFWould you like students to read more before class? Read more deeply and critically? Help each other do that? Would you like a window into their thoughts, interests, and questions while they read? The ability to respond to them in real-time? Then read on.
Would you like more control over your course material? Stop hopping around the casebook? Speak directly to your students in their readings? Make their legal education more affordable? Then continue.
This Essay relates my early experiences in adapting an open-source (free of charge) book to my Property course and having students read it using a collaborative online platform called Perusall. While I believe this will particularly interest Property teachers, I also think it useful for anyone, teaching any course, intrigued by the questions above
Applying the Privileges or Immunities Clause to Gun Rights: A Framework to Depolarize the Debate and Strengthen the Federal Judiciary
Get PDFStructural Discrimination In COVID-19 Workplace Protections
Get PDFWorkers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage workers. This leaves them and their families more vulnerable to COVID-19 infection and death. In this context, structural discrimination refers to the ways in which laws are used to advantage those in power, while disadvantaging powerless workers. In the COVID-19 pandemic, the lack of legal protections for many workers is a reflection of structural discrimination
Resolving Tensions Between Disability Rights Law and COVID-19 Mask Policies
Get PDFAs states reopen, an increasing number of state and local officials are requiring people to wear face masks while out of the home. Grocery stores, retail outlets, restaurants and other businesses are also announcing their own mask policies, which may differ from public policies. Public health measures to stop the spread of the coronavirus such as wearing masks have the potential to greatly benefit millions of Americans with disabilities, who are particularly vulnerable to the impact of COVID-19. But certain disabilities may make it difficult or inadvisable to wear a mask./= / \u3e/= / \u3eMask-wearing has become a political flashpoint, putting people with disabilities at risk. There are reports emerging that people with disabilities have been challenged, excluded from retail establishments, and even threatened with arrest for not wearing masks. Some anti-mask activists encourage their followers to falsely represent themselves as disabled to confound mask requirements, which has the potential to amplify skepticism and mistrust of people with non-obvious disabilities. Reports of violent conflict over mask-wearing add to these tensions. The first lawsuit challenging a mask requirement under federal disability rights law was filed in late May, and more are likely to follow./= / \u3e/= / \u3eFederal laws like the Americans with Disabilities Act (ADA) prohibit discrimination on the basis of disability and require appropriate modification of public and private mask-wearing policies to accommodate the needs of individuals with disabilities. These laws, like other civil rights statutes, remain in force during the pandemic and should operate as a check against any discrimination that might result from a mask requirement. However, misunderstanding of and noncompliance with these laws limits their effectiveness./= / \u3e/= / \u3eThis article provides the first expert analysis of the federal disability law framework that applies to mask policies issued by state and local officials, as well as by stores, restaurants and other businesses that serve the public, and the often confusing interaction between public and private policies. It argues that contrary to some popular assumptions, mask policies can be employed in a manner consistent with the ADA and the Rehabilitation Act. Finally, it offers specific recommendations for the design and implementation of mask policies in manner that accommodates both the rights of people with disabilities and developing scientific knowledge of efforts to slow the spread of COVID-19