San Diego CA 6-24-2020 Tourists eating at Mexican restaurant with waitress wearing mask in historic Old Town State Park.

Improving Job Quality and Scheduling Predictability Can Advance Public Health and Reduce Racial Inequities

By DeAnna Baumle

The ongoing COVID-19 pandemic has thrown into sharp relief deeply rooted structural inequities in the United States. As U.S. government officials and media celebrate recent economic gains, women — especially women of color — are not recouping their economic losses. Further, the pandemic continues to kill nearly a thousand Americans daily and disproportionally affect Black, Indigenous, and Latinx communities. It is no accident that these communities have been left behind in the nation’s so-called recovery: racial capitalism has long excluded marginalized communities from economic and social gains.

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Medicine law concept. Gavel and stethoscope on book close up

Transdisciplinary Integration: The Only Way Forward for Public Health

By Scott Burris

As we look toward National Public Health Week amid two long years of a pandemic, reflection for us at the Center for Public Health Law Research has focused on how we move forward in a mostly broken public health system. We see public health law as a central component of a strong future for public health, where transdisciplinary partnership leads the way.

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Open front door.

Re-Imagining Work in the Post-Pandemic Era: An Arendtian Lens

By Xochitl L. Mendez

The coronavirus pandemic changed the world in countless ways, and for a moment it challenged the pre-pandemic separation of — in Hannah Arendt’s terms — the Private and the Public. To Arendt, the Public is defined as the sole realm where a human can live in full, as a person integral and part of a community as an equal. Being human is only fully procurable by the presence that a person achieves when acting among others. Contrastingly, to Arendt the Private is a shadowy space without the sufficient worth to merit “being seen or heard” by others. The Private is also the place where toiling with the endless necessities of providing for one’s body resides.

The COVID-19 pandemic challenged this separation. As many people and their loved ones fell seriously ill, an overwhelming portion of our nation found themselves for the first time living a struggle that previously was familiar mainly to those who suffer from chronic medical conditions. Millions were locked down and marooned at home — a radically novel experience to many, yet one that is sadly commonplace to a considerable number of individuals who live with disability and illness every day. Large portions of the workforce found themselves restricted to working remotely — a reality habitual to individuals who lack access to the workplace. All of these experiences suddenly stopped being private experiences — they became critical concerns discussed by a citizenry of equals, worth “being seen or heard” by others, and demanding policy and political action.

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Melbourne, Australia - 1st November 2021: A person wearing full PPE holds a vial of sotrovimab medicine covid-19 virus treatment. It is under an emergency use authorization to treat covid in Australia.

Litigation Challenges Prioritization of Race or Ethnicity in Allocating COVID-19 Therapies

By James Lytle

Recent guidance from the U.S. Food & Drug Administration (FDA) encouraged several states to adopt policies that prioritized race or ethnicity in the allocation of monoclonal antibody treatments and oral antivirals for the treatment of SARS-CoV-2.

The guidance proved to be highly controversial, prompting two states, Utah and Minnesota, to withdraw their guidance, and leading a third state, New York, to become the subject of two federal lawsuits that challenge the guidance’s legality: one (Jacobson v. Bassett) brought by a white, non-Hispanic Cornell Law Professor, William Jacobson, in the Northern District of New York (“Jacobson”) and a second (Roberts v. Bassett) initiated by Jonathan Roberts and Charles Vavruska, two white, non-Hispanic residents of New York City in the Eastern District (“Roberts”).

Public health and policy experts have published commentaries on the challenging issues underlying New York’s COVID treatment guidelines and others have offered more detailed guidance, including on this blog, on what criteria should be used in allocating scarce COVID treatments. What follows is focused on the litigation pending in New York and its potential impact on the broader issues at the intersection of the pandemic response and racial equity.

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3d render, abstract fantasy cloudscape on a sunny day, white clouds fly under the red gates on the blue sky. Square portal construction.

Workplace Accommodations in a Post-COVID Era

By Scott J. Schweikart

The silver lining of the COVID-19 pandemic is that it has opened the door to new opportunities to improve our society. For example, office changes brought about by the pandemic — e.g., remote working or telecommuting — made life easier for many workers with disabilities. However, as more of the workforce begins returning to the office, there are notable examples of employers pushing back on the increased accommodations realized during the pandemic, indicating that some gains in accommodation will continue to be hard fought. In an effort to rid our society of harmful inequities, the struggle for these rights has important value.

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Female freelance programmer in modern headphones sitting in wheelchair and using computers while coding web game at home.

Injustice Anywhere: The Need to Decouple Disability and Productivity

By Brooke Ellison

There is a profound need to deconstruct and actively reconstruct the interpretation of disability as it is currently understood.

The current framing of disability as inability — whether an inability to be employed or otherwise — has utterly failed not only people with disabilities, but also the communities in which they live.

This perception of disability is a relic of attitudinal and policy structures put into place by people who do not live with disability themselves: people who may have been ignorant to the virtues that living with disability engenders.

Current calls for attention to a disability bioethics or a disability epistemology have heralded not only highlighting, but also actively promoting, the qualities, leadership skills, and valuable character traits associated with surviving and thriving in a world fundamentally not set up for one’s own needs.

Before any meaningful movement can be made when it comes to the employment of people with disabilities — whether in the form of workplace accommodations, flexible work settings, recruitment practices, or limitations on earnings — the underlying assumption about the value of their presence in the workforce needs to change.

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Washington DC 09 20 2021. More than 600,000 white flags honor lives lost to COVID, on the National Mall. The art installation " In America: Remember" was created by Suzanne Brennan Firstenberg.

Depoliticizing Social Murder in the COVID-19 Pandemic

­­By Nate Holdren

Lire en français.

The present pandemic nightmare is the most recent and an especially acute manifestation of capitalist society’s tendency to kill many, regularly, a tendency that Friedrich Engels called “social murder.” Capitalism kills because destructive behaviors are, to an important extent, compulsory in this kind of society. Enough businesses must make enough money or serious social consequences follow — for them, their employees, and for government. In order for that to happen, the rest of us must continue the economic activities that are obligatory to maintain such a society.

That these activities are obligatory means capitalist societies are market dependent: market participation is not optional, but mandatory. As Beatrice Adler-Bolton has put it, in capitalism “you are entitled to the survival you can buy,” and so people generally do what they have to in order to get money. The predictable results are that some people don’t get enough money to survive; some people endure danger due to harmful working, living, and environmental conditions; some people endure lack of enough goods and services of a high enough quality to promote full human flourishing; and some people inflict the above conditions on others. The simple, brutal reality is that capitalism kills many, regularly. (The steadily building apocalypse of the climate crisis is another manifestation of the tendency to social murder, as is the very old and still ongoing killing of workers in the ordinary operations of so many workplaces.)

The tendency to social murder creates potential problems that governments must manage, since states too are subject to pressures and tendencies arising from capitalism. They find themselves facing the results of social murder, results they are expected to respond to, with their options relatively constrained by the limits placed on them by capitalism. Within that context governments often resort to a specific tactic of governance: depoliticization.

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Close-up of hands in white gloves pulling curtain away

Fostering Mentally Healthier Workplaces via Disability Advocacy: COVID-Era Strategies and Successes

By Zachary F. Murguía Burton

Can employers foster mentally healthier workplaces via theater?

Here, I discuss a mental health advocacy and inclusivity initiative built around a theatrical production, The Manic Monologues, with a particular focus on pandemic-era efforts to foster awareness, empathy, and connection around mental health challenges.

These efforts aim to promote healthier and more inclusive (and, by extension, more productive) workplaces in the face of the ongoing, escalating global mental health crisis.

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Ponta Grossa/PR/Brazil - July 15th 2020: Home office, working from home layout during covid-19 pandemic

Employers Should Bear Responsibility for Making Remote Work Environments Accessible

By Christopher A. Riddle

Remote work meaningfully facilitates inclusion of people with disabilities in the labor market.

But, to truly fulfill its promise, employers must also take steps to ensure that remote work accommodations are not made at the expense of the employee, simply because their labor is conducted in their own home.

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Person in nursing home.

Struggles Over Care Will Shape the Future of Work

By Andrew Milne

The future of work will largely be the future of care work. Health care is rapidly becoming the largest employer in the U.S., expanding to serve the fastest growing demographic, aging seniors. As a lawyer for seniors in need of free legal services, I see my clients struggle to access care made scarce by the for-profit care industry’s understaffing and underpaying of workers attempting to meet the growing need. The future of work and of aging will be shaped by struggles over care from both giving and receiving ends, perhaps against those profiting in between.

Recall that the first COVID-19 outbreak in the U.S. spread between nursing homes. These facilities, like most nursing homes, are for-profit businesses that pad their margins by cutting labor costs. The resulting understaffing has deadly effects in normal times. The pandemic intensified those effects, as underpaid care workers, forced to work at multiple facilities to survive, unintentionally spread the virus between facilities.

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