Workers' World Today - Issue 13

October 2020 INSIDE

Trump’s Immigration Ban on Families ... 13

Breast Cancer Screening Is Still Important ... 20

Racism Has Always Played a Part in the US Presidential Elections ... 26

Issue #13

Could Employers and States Mandate COVID-19 Vaccinations? Here’s What the Courts Have Ruled

Do I Have the Right to Refuse Dangerous Work Related to COVID-19?

BY DEBBIE KAMINA THE CONVERSATION

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safe and effective vaccine could end the coronavirus pandemic, but for it to succeed, enough people will have to get inoculated.

Recent polls suggest that the U.S. is far from ready. Most surveys have found that only about two-thirds of adults say they would probably get the

BY NATIONAL COSH NETWORK continued on page 6

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his question is from a series of questions and answers on Worker Rights and Strategies for Staying Safe During COVID-19 created by National COSH to support workers during the pandemic. continued on page 7

Hot Topics and News You Should Know About

Early Voting Starts.

Stay Safe & Know Your Rights ... 7

Here’s What’s at Stake with this Supreme Court Vacancy ... 4

Governor Cuomo Signs Moratorium Evictions Extension ... 16

Labor-Related News - Nationally & Locally

Schools Often Fail to Identify Gifted & Talented Kids ... 12

Can You Save Your Marriage? ... 21

Recall Widens for Diabetes Drug Metformin

BY AARON GOULD SHEININ, WEBMD NEWS BRIEF

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he recall of extended-release metformin continues this month as 76 more lots have been flagged for a possible cancer-causing ingre-

AOC & Warren Refuse to Cross New Yorker Union’s Picket Line ... 3

Broadway Suspension Extended ...10

Subway & Buses Boss Pitches MTA Salvation ... 8

dient.

The FDA announced the latest recall, involving Marksans Pharma Limited and Sun Pharmaceutical

Photo credit: FDA

continued on page 19

www.workersworldtoday.com

October 2020

What can Labor do for itself? The answer is not difficult. Labor can organize, it can unify; it can consolidate its forces. This done, it can demand and command.

—Eugene V. Debs

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Contents

Labor History - October 12 The First Industrial Congress of the US (first US national labor congress) met in New York City. – 1845

In Solidarity: Elizabeth Warren & AOC Refuse to Cross New Yorker Union’s Picket Line...................................3

Also known as “Miners Day,” October 12 commemorates the seven miners killed in the “Virden Riot” of October 1898, when miners got in a shootout with mine guards attempting to bring in strikebreakers. The riot came in response to the mine owners refusal to accept the 8-hour day, offer raises, abolish the company store and recognize the United Mine Workers. Six security guards were also killed and 35 others wounded.

Workers’ Matters Subway & Buses Boss Pitches MTA Salvation as Help for Working Poor...........................8 Education Schools Often Fail to Identify Talented & Gifted Students...............................................................12 Workers’ Safety Use Your Phone to Fight COVID-19.............................13 Jobs & Recession Give a Professional Image.............................................15

Give a Professional Impression ....15

Photo courtesy NYC Central Labor Council

Musicians Play on Despite New Cancellation Announcements Musicians have kept up their spirits and their solidarity by continuing to perform in any way they can. A quartet from the New York Philharmonic recently recorded a Broadway classic to raise money for fellow musicians in need through the Local 802 Musicians' Emergency Relief Fund.

We all want to be the best at what we do and carrying ourselves in a refined way is important to that goal.

Love, Health & Travel Can You Save Your Marriage?......................................21

COLUMNS Money Matters .... 9 Overpaid Your Utility Bill?

That’s Probably a Scam Sorry but…not so fast. This is probably just another utility scam — or, at best, a marketing trick — to get your money.

Family: The True Modern Relationship .... 11 Workers’ Safety ....13 CIR/SEIU and Partners Create "We Keep Us Safe" Guide

Tips to Keep Your Family Healthy This Fall

Do you want more?

Visit www.workersworldtoday.com

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October 2020

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In Solidarity

Elizabeth Warren and AOC Refuse to Cross New Yorker Union’s Picket Line

S Supports Workers’ World Today

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ecently, I was in Albany fighting and seeking support of A1261/S1947, legislation that will create a clear definition of public work and level the playing field for New York’s contractors.

District Council 9 Painters and Allied Trades Union (DC9), the union for painters, prides itself on being a strong advocate for workers’ rights and safety. We are excited about this new publication, Workers’ World Today, which covers the issues of relevance and concern for all workers.

We are encouraged that all workers: blue and white collar will have a voice and platform.

Congratulations on your inaugural issue. We wish much success to the leaders and team of Workers’ World Today and pledge our support.p Davon Lomax Political Director, DC9

enator Elizabeth Warren and U.S. Representative Alexandria Ocasio-Cortez are standing in solidarity with The New Yorker Union. Represented

by The NewsGuild of New York, New Yorker Union members plan to hold an informational picket on Monday night to spotlight unfair labor practices at The New Yorker and to demand a just-cause provision in their first collective bargaining agreement. The picket coincides with a New Yorker Festival event scheduled to feature Representative Ocasio-Cortez and Senator Warren. Both have agreed not to cross the picket line, and to withdraw their participation in The New Yorker Festival, until New Yorker management agrees to the “just cause” standard of discipline that union members have proposed.

The New Yorker is currently in the midst of a labor dispute as company man-

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Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Marilyn Silverman Charles Tabasso Victoria Falk Erin Telesford Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com

Rep Ocasio-Cortez Editorial credit: Phil Pasquini / Shutterstock.com

agement — led by editor David Remnick and Condé Nast CEO Roger Lynch — refuses to agree to just cause, a basic labor standard found in other Guild contracts that guarantees due process, promotes fairness and accountability, and creates consistent, transparent standards in the workplace. This is an especially crucial protection for workers at Condé Nast, which has recently faced a public reckoning over hostile work environments at multiple mag-

Senator Warren. Editorial credit: Rich Koele / Shutterstock.com

azines and a failure to fairly compensate employees of color.

“The NewsGuild and The New Yorker Union are fighting for basic dignity on the job, and we stand with them,” Ms. Warren and Ms. Ocasio-Cortez said in a joint statement to The New York Times. “We will not cross the picket line and attend the festival unless the New Yorker leadership agrees to the union’s demands — they should do so immediately.” p

Take Action: Stop CBS News Union Busting Contract Violations BEW Local 1212 needs your voices! Local 1212 has a collective bargaining agreement covering employees working for CBS News. In the early days of the pandemic, the union exhibited tremendous flexibility while CBS News tried to figure out the new normal.

TEAM

Yet months later, after layoffs impacting IBEW members, and despite the many grievances the union has filed, CBS News continues to violate the collective bargaining agreement by using non-union camera crews and third-party vendors to conduct interviews for their news programs in-

cluding "CBS This Morning”" and "Face the Nation."

Take Action by calling CBS News Vice President of Operations Rick Jefferson at 212975-8517 and telling him that CBS News must respect workers and let IBEW technicians do their jobs!p

Visit us at www.workersworldtoday.com

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s part of a robust member-to-member phone bank for the 2020 elections, the New York City Central Labor Council, AFL-CIO is conducting twiceweekly phone bank opportunities for NYC union members to reach out to other union households both in NYC and in battleground states, every Tuesday & Thursday from 11am-8pm. Volunteers will provide voters information on labor-endorsed candidates in their communities, as well as encourage members to call their legislators to ensure COVID-related legislation is passed and signed into law immediately.p

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October 2020

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Civil Rights

Here’s What’s At Stake With This Supreme Court Vacancy

BY JOSH BOXERMAN CIVILRIGHTS.ORG

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udge Amy Coney Barrett appeared before the Senate Judiciary Committee.

Chairman Lindsey Graham rushed to hold hearings on Barrett’s nomination to the Supreme Court. This is despite the Senate GOP’s failure to address the pandemic and provide relief to families and communities. Despite multiple members of the committee testing positive for COVID-19.

Despite the fact that Barrett was only nominated 16 days before the start of the hearing.

And despite the fact that – as of now – more than 22 million people have already voted for the president and senators they want to make this decision.

In this rushed process, it is difficult to fully comprehend Barrett’s record. This was our only chance to see a nominee interview for a lifetime position on the Supreme Court. But

Washington, D.C./USA- September 19 2020: People holding signs up for Ruth Bader Ginsburg outside her death after her death. Editorial credit: Eli Wilson / Shutterstock.com

the hearing was not open to the public, and we’re still discovering missing records she didn’t previously disclose. The stakes could not be higher, and let’s be clear: what we already knew about Barrett is disqualifying: Access to Health Care: While campaigning, President Trump promised that he would appoint justices to the Supreme Court who would overturn the Affordable Care Act (ACA). In Barrett, Trump has found yet another conservative extremist who passes this cruel litmus

test. Barrett opined that the ACA is unconstitutional and agreed with the four dissenting justices who tried to overturn the law in King v. Burwell.

Trump and 18 Republican state attorneys general are in court again seeking to overturn the ACA – and the Supreme Court is scheduled to hear that challenge on November 10. If confirmed, Barrett is expected to be the deciding vote to strike down the ACA, depriving millions of people of access to health care amidst the worst public health crisis this nation has witnessed in more than a hundred years.

Without the Affordable Care Act, we would lose the crucial improvements it made to our access to health care. Protections for 135 million people with preexisting conditions and people with disabilities and critical nondiscrimination protections are at risk. Coverage for 15 million people under Medicaid expansion and 2.3 million young people on their parents’ plans are on the chopping block. We could go back to the days when insurance companies could place caps and lifetime limits on care and charge women significantly more than men. Overall, 20 million people would lose coverage, with disproportionate harm to people of color, especially Black and Latino communities.

Reproductive Health, Freedom, and Rights: “Automatically” overturning Roe v. Wade was another part of President Trump’s litmus test.

Barrett has a decades-long record of vocal opposition to reproductive rights: she suggested in a 2003 article that Roe was “an erroneous decision” and signed a 2006 public letter calling for the end of the legal right to abortion.

She protested the ACA’s requirement ensuring comprehensive birth control coverage, and is associated with groups that oppose in vitro fertilization.

In her short time on the Seventh Circuit Court of Appeals, these views have already made it into Barrett’s jurisprudence. If given the chance to join the Supreme Court, Barrett would represent a direct threat to reproductive rights in the United States.

Voting Rights: At her nomination event and in her hearing, Barrett asserted that she shares a judicial philosophy with her mentor, Justice

Antonin Scalia. Justice Scalia was among the five justices who threw out key provisions of the Voting Rights Act (VRA) in 2013, which had protected voters in many states from blatant acts of voter suppression.

Scalia despicably called the VRA, one of the great achievements of the civil rights movement, a “racial entitlement.”

Since that decision, which Justice Ginsburg famously described as “throwing away your umbrella in a rainstorm because you are not getting wet,” thousands of polling places have been shut down in areas that were formerly covered by the VRA. Many cases dealing with voter suppression are being argued in federal courts right now. Barrett, like Scalia, would be devastating for voting rights around the country.

Rights of Working People: Barrett has ruled in favor of corporations and against working people. In one particularly disturbing case, Barrett ruled against an AfricanAmerican worker whose employer involuntarily transferred him to another store. The dissenting judges who disagreed with Barrett’s unjust holding wrote that this position permitted a “separatebut-equal arrangement” where the company – AutoZone – was placing Black employees in Black neighborhoods and Latino employees in Latino neighborhoods.

Separate but equal is never equal. Especially after dozens of Trump judicial nominees refused to affirm that Brown v.

Board of Education was correctly decided, it is completely unacceptable to have a Supreme Court nominee who disregards one of the basic precepts of civil rights in order to rule in favor of a corporation.

Immigrant Rights: Barrett has a record of ruling against immigrants. She dissented from her Seventh Circuit colleagues to side with the Trump administration in a challenge to its public charge rule, a harsh policy designed to penalize immigrants who utilized public services like Medicaid or food stamps. She also ruled against an immigrant seeking asylum and upheld the denial of a visa continued on page 5

October 2020

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Civil Rights Supreme Court Vacancy/ continued from page 4 application to the wife of a U.S. citizen.

In June, the Supreme Court narrowly prevented the Trump administration from ending the Deferred Action for Childhood Arrivals program.

With Barrett on the bench, anti-immigrant extremists could have the five votes they need to open up hundreds of thousands of undocumented Americans to deportation from the only country they have ever known.

Disability Rights: In the Seventh Circuit public charge case, the majority held that the Trump administration rule discriminated against immigrants with disabilities in particular. Barrett disagreed in her dissent. And she joined a decision that would allow for the exclusion of children with learning disabilities from school districts based on their service needs. The logic behind that decision, if applied broadly, would grant legal immunity to many egregious and discriminatory practices and the erosion of civil rights for people with disabilities.

LGBTQ Equality: In recent years, the Supreme Court has made great strides in the recognition of the rights of LGBTQ people. Marriage equality became the law of the land in 2015 due to a 5-4 decision, and this year the Court affirmed 6-3 that LGBTQ people facing discrimination in the workplace are protected by civil rights laws.

Barrett’s views on these issues place her far outside the judicial mainstream: at an event in 2016, she lamented the outcome in Obergefell v. Hodges and agreed with the four dissenting justices, and asserted her personal view that transgender people are not protected by sex discrimination provisions of civil rights laws.

If allowed to link up with her ideological colleagues on the Court, two of whom stated this month that they believe Obergefell was wrongly decided, Barrett would be in a position to halt our progress, and chip away and roll back these hard-won rights and protections.

Criminal Legal System: As a judge, Barrett has a pattern of ruling for law enforcement and against defendants in criminal

cases and people in prison.

When the Seventh Circuit ruled to reduce a defendant’s sentence from 50 to 20 years, Barrett sided with the Trump administration’s attempt to keep the harsh sentence intact.

Barrett dissented from her colleagues to side with two prison guards who had significantly injured inmates with buckshot, finding their actions to be “reasonable.” And again in dissent, Barrett found no constitutional issue with a trial judge who had ordered a defendant’s lawyer to remain silent during questioning.

Bringing fairness and dignity to our legal system is one of

the most profound civil and human rights issues of our time. The unequal treatment of people of color and people who are low-income undermines the progress we have made over the past five decades toward equality under the law. Justice Ginsburg understood this. Our next Supreme Court justice must do the same.

Barrett on the bench would be devastating. But you can do something about it.

Chairman Graham and Majority Leader Mitch McConnell are doing everything they can to confirm Barrett before Election Day so she can be in a po-

sition to side with Trump on the ACA, election-related disputes, and more. We must do everything we can to stop this unprecedented process.

Call your senators – if they’re in the fight, ask them to do more, and if they’re not, hold them accountable. Engage with us on social media using the hashtags #OurCourt and #BlockBarrett. We are all in this together, and our rights are on the line. p

Josh Boxerman is the policy and research associate at The Leadership Conference on Civil and Human Rights.

www.workersworldtoday.com

COVID-19 Vaccinations/ continued from page 4 vaccine. While that might protect most people who get vaccinated, research suggests it may be insufficient to reach herd immunity and stop the virus’s spread.

As a law professor who has written about the legal questions around vaccination laws, employment discrimination and religious exemptions, I see four possible approaches that governments and employers can take to ensure enough Americans are immunized against COVID-19.

Which ones are legal might surprise you.

Can governments require vaccinations?

The most intrusive policy would involve government mandating vaccination for all Americans, with the exception of those with a medical exemption.

People are often surprised to learn that states would likely have the legal right to enforce such a rule.

In the 1905 landmark case Jacobson v. Massachusetts, the United States Supreme Court

October 2020

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sory vaccination laws is the religious or philosophical exemption, which some states have eliminated in recent years. In the aftermath of the recent measles outbreaks, both New York and California eliminated these exemptions from vaccination laws covering schoolchildren.

Courts have explained that while compulsory vaccination laws may burden religious practices, religious exemptions are not constitutionally required under the First Amendment’s free exercise clause since mandatory vaccination does not single out religion and is not motivated by a desire to interfere with religion.

upheld the constitutionality of a state criminal law that required all adult inhabitants of Cambridge to get a smallpox vaccine or be fined.

The Supreme Court explained that an individual’s liberty rights under the U.S. Constitution are not absolute and the mandatory vaccination law was necessary to promote public health and safety.

While Jacobson v. Massachusetts is over 100 years old, courts continue to rely on the reasoning of the case. State governments still occasionally enact broad compulsory vaccination policies. In 2019, in the midst of a measles outbreak, New York City mandated that anyone over six months of age who lived, went to school or worked in several ZIP codes within the city had to be vaccinated against measles or be subject to a fine.

26 Court Street, Suite 701, Brooklyn, NY

Requiring people to be vaccinated against the SARS-CoV-2 coronavirus could similarly be justified by government’s need to promote public health and safety. In late May, the New York State Bar Association’s Health Law Section even recommended mandatory COVID-19 vaccination for all Americans.

Yet in the United States today, where even mask mandates are controversial, it is unlikely that many states will enact a compulsory vaccination policy for everyone. Additionally, there is a risk that heavy-handed public health tactics can backfire and escalate tensions, increase mistrust of government and unintentionally increase the influence of the anti-vaccination movement.

What if only some people must get vaccinated?

A less intrusive tactic would be for state governments to require COVID-19 vaccinations for only certain segments of the population.

All 50 states currently have some type of compulsory vaccination laws covering K-12 schoolchildren, and many states have compulsory vaccination laws covering college students. These laws typically allow for some type of medical exemption. States may also have mandatory vaccination laws covering employees in nursing homes and health care facilities.

If states required this type of targeted mandatory COVID19 vaccination, they could cover those most at risk and those most likely to be in contact with others in ways that could stem the virus’s spread.

Another approach would be legislation that requires proof of vaccination to obtain a passport, use public transportation or go to a gym.

One of the most controversial issues surrounding compul-

What can employers require?

Private employers have significant flexibility for requiring vaccination. Yet few businesses outside of health care facilities have done so, partly out of fear that employees would consider these policies to be unacceptable invasions of their personal lives.

There is a risk in a unionized workplace that a mandatory vaccination policy could be struck down if it violates a collective bargaining agreement. However, unlike government-mandated policies, these would not be subject to constitutional restrictions.

Employers may also be concerned that if policies do not include significant religious exemptions, workers could sue, claiming religious discrimination. However, it is unlikely that federal law would require employers to accommodate employees requesting a religious exemption to a COVID-19 vaccine. Under Title VII of the 1964 Civil Rights Act, the federal law prohibiting religious discrimination in the workplace, employers are not required to accommodate religious employees if doing so involves more than a de minimis, or minimal cost.

Certainly, in the midst of one of the worst public health and financial crises in recent history, there is a significant cost to having an unimmunized workforce.

Setting an example Beyond mandates and laws, employers, politicians and government agencies have other ways to encourage people to get vaccinated. In particular, the messages they send matter. That was evident in the public controversy over maskwearing after President Donald Trump and other prominent Republicans ridiculed the precaution.

In New York, Gov. Andrew Cuomo mandated wearing face masks in public, but he also successfully convinced New Yorkers to wear them by emphasizing that doing so showed respect for others, particularly essential workers, health care providers and high-risk individuals.

Government can similarly encourage Americans to get vaccinated through education campaigns led by trusted community members, such as religious leaders or celebrities. During the New York measles outbreak, the Orthodox Jewish Nurses Association was at the forefront of educating the Orthodox Jewish community on the safety and efficacy of vaccination.

Government and employers also could make vaccines free and available at convenient locations.

As the U.S. government fast-tracks the development of potential vaccines, it’s important to remember that a COVID-19 vaccine will stop the virus only if enough people get vaccinated.

Now is the time for governments and employers to develop policies to ensure it succeeds.

Debbie Kaminer is a Law Professor, Baruch College, CUNY

October 2020

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Know Your Rights

Early Voting Starts October 24: Vote Safely & Know Your Rights

Right to Refuse Dangerous Work/ continued from page 1 refusal. Also, any complaints related to retaliation from the employer have to be filed within 30 days of the reprisal.

•Your right to refuse to do a task is protected if all of the following conditions are met: •Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and You refused to work in “good faith.” This means that you must genuinely believe that an imminent danger exists; and •A reasonable person would agree that there is a real danger of death or serious injury; and

•There isn’t enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

Collective action is also bolstered further by workers’ right to “concerted activities for… mutual aid or protection” under the National Labor Relations Act, which governs most private sector employment. The Labor Board agrees that “participating in a concerted refusal to work in unsafe conditions” is protected.p

Early voters line up outside of the Brooklyn Museum before the polls open on Saturday, Oct. 24, 2020. Photo: Peter Senzamici/THE CITY

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lection season is upon us and in these unprecedented times, we need to ensure that we don’t waste our vote. Make sure to vote on or before Election Day: •Vote early between October 24 and November 1 •Vote-by-mail ASAP •Vote on Election Day on November 3 Your vote is your voice. Be heard this election. Learn more about early voting, vote by mail, and finding your polling place at voting.nyc.

What is early voting (EV)?

Early voting happens 9 days in a row before the election and allows you to vote in-person on weekdays, weekends and evenings, from October 24 through November 1.

What interpretation services are available?

Interpretation services will be provided on the weekend before election day (October 31st and November 1st) across 25 sites in at least two languages per poll site. There also will be language assistance at 52 poll sites on Election Day. Check which poll sites support which languages at: nyc.gov/wearevoters In-person voting precautions If voting in person, follow simple precautions to protect yourself and others from COVID-19: •Wear a face covering. Face coverings are required to enter all polling sites.

Protect those around you and wear a face covering correctly (over your nose and mouth).

•Practice healthy hand hygiene.

Polling sites will provide hand sanitizer, and you can also bring your own. Use hand sanitizer before and after touching any shared surfaces,

and wash your hands with soap and water immediately after you get home. Avoid touching your face with unwashed hands.

•Practice physical distancing. Polling places will be set up to ensure physical distancing. Follow instructions and stay at least 6 feet away from others while at your polling site.

•Avoid long lines and crowds. If you can, vote early (before Election Day) or go when your voting center is less busy, usually mid-morning or early afternoon.

Stay home if you are sick. Voting is important, but it’s more important that you get well and keep New Yorkers safe!

Can I bring an interpreter with me into the voting booth?

In any election, you have a right to be assisted by any person of your choice (except your employer or union representative), including a trained poll worker, if you need help to vote. If you need an interpreter, interpreters are available to assist voters at selected sites.

Which languages is interpretation offered in?

The New York City Board of Elections provides language assistance in Spanish, Chinese, Korean, Bengali, Punjabi, or Hindi at select City poll sites.

Call 866-VOTE-NYC for information about which poll sites have language assistance available and for which languages.

The Civic Engagement Commission is providing language assistance in Arabic, Bengali, Chinese (Cantonese, Mandarin), French, Haitian Creole, Italian, Korean, Polish, Russian, Urdu, Yiddish at selected poll sites on October 31, November 1 and November 3.

To check which poll sites and languages, go to: nyc.gov/wearevotersp

IF YOU CAN’T TAKE

TIME OFF ON ELECTION DAY,

NO PROBLEM. YOU CAN ALSO

VOTE IN PERSON BEFORE ELECTION DAY FROM

SAT, OCTOBER 24 THROUGH

SUN, NOVEMBER 1

Visit voting.nyc to find an early voting location near you.

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October 2020

8

Workers’ Matters

Subway and Buses Boss Pitches MTA Salvation as Help for Working Poor

BY JOSE MARTINEZ, THE CITY

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he MTA’s push for $12 billion in federal funding to avoid staggering service cuts and layoffs is increasingly being framed by transit officials as a matter of equity for low-income New Yorkers — and as a call to action for business leaders.

Facing subway and bus service reductions of up to 40% — and with a federal stimulus package stalled until after the presidential election — the transit agency has begun more prominently playing up the role of public transportation as a “vital stepping stone” out of poverty.

“To walk away from New York City Transit is to walk away from every struggling neighborhood in New York City, and to give up on those who live there,” Sarah Fein-

New York City Transit President Sarah Feinberg at a news conference at the Atlantic Avenue-Barclays station in Brooklyn to promote mask wearing, Sept. 14, 2020. Marc A. Hermann/MTA New York City Transit

This is your city.

Do you know your zone?

Visit NYC.gov/knowyourzone or call 311 to find out what to do to prepare for hurricanes in NYC. #knowyourzone

KYZ2020_4.875x6.75_revised.indd 5 KYZ2020_4.875x6.75_revised.indd

5/29/2020 3:03:05 PM 5/29/2020

berg, interim president of New York City Transit said at an industry event recently.

Feinberg is making the case to transportation and city leaders that severe cuts to subway and bus service will disproportionately harm people in low-income communities — while appealing to companies and other organizations to assist the MTA. The transit chief said corporate help could be in the form of employers bringing workers back to their offices and the transit system or by joining the MTA’s campaign for federal funding.

“Industries and large companies struggle with their role and how they can contribute to a brighter future for all,” she said in her presentation. “Supporting transit can be that contribution.”

A survey of major employers by the Partnership for New York City found that 83% of workers plan to rely on mass transit when they return to their offices, but that only 8% had returned as of mid-August. Sources said that figure was closer to 15% by the end of last month, as some financial firms have begun calling more employees back to the workplace.

THE CITY obtained a copy of Feinberg’s Sept.

30 keynote speech at the virtual Oliver Wyman Forum on the future of urban mobility, in which she said the subway and bus system needs to expand on creating opportunities for New Yorkers.

She made a similar presentation alongside real estate and business leaders at a “Bringing New York Back” panel that will be shown this week as part of the 92nd Street Y’s virtual “City of Tomorrow” event.

A coronavirus-driven collapse in fare, toll and tax revenue has put the MTA on the edge of financial ruin. But pleas for a federal bailout have gone unanswered, while cuts to service and long-planned improvements loom.

‘Twiddling Their Thumbs’ With hopes for a rescue from the Trump administration dwindling, several MTA board members and budget watchdogs are prodding the transit agency to look for alternative revenue sources, including an increased gas tax.

“They can’t keep twiddling their thumbs with, ‘Oh, when will the feds step in to fix this all?’” David Jones, an MTA board member, told THE CITY. “We’re going to have to do something pretty dramatic here.”

Jones, who was appointed to the MTA board by Mayor Bill de Blasio, noted any cuts to subway or bus service would hit hardest among low-income commuters without personal vehicles.

“If you have longer waits for the train, you might think you’re better off just taking a cab to get to and from work,” said Carol Rivera, 46, of Harlem, who was waiting for the No. 1 train at 125th Street.

“But who has that type of money to spend every day on a cab? I would have to walk.”

That’s why, Feinberg said during her presentations, transit needs to be seen as the “access point to a better life” as well as to education, work and healthcare.

“It’s the engine of our economic development, but it’s also a lifeline,” said Danny Pearlstein, policy director for Riders Alliance, an advocacy organization. “I think it’s important that we consider who needs transit the most.”

In Harlem, Miguelina Sarante, 62, who commutes from The Bronx terminal of the No. 1 line to 125th Street and then onto a bus to her job at a store, said service reductions would be disastrous for working New Yorkers.

“People would get to work late and my 45-minute commute now would get closer to two hours,” she said. “That’s time I don’t have, that no one has — it would affect us all.”p

This story was published on October 12, 2020 by THE CITY.

October 2020

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Money Matters

Overpaid Your Utility Bill? That’s Probably a Scam

cial Security number, account details, or...well, just don’t tell them anything. Scammers can use almost any information you give them to make a buck at your expense.

•Call your utility company, using the number on your bill.

Tell them about the call and — if you still wonder— ask if the call was for real.

BY LISA LAKE, FTC

Y

ou get a robocall saying you paid too much on a utility bill. To make up for this mistake, they say, you’ll get a cash refund and a discount on your future bills.

All you have to do is press a number to get your money and discount. You say to yourself: “What luck!” You might think this strange surprise will help you save some muchneeded money.

Sorry but…not so fast. This is probably just another utility scam — or, at best, a marketing trick — to get your money. In the unlikely event you really did pay more than you owed on your bill, utility companies don’t usually give cash refunds. Instead, they

•If you want to consider using a third-party utility company, check with the utility regulatory agency in your state to understand your rights and how these companies are supposed to work. credit the extra money to your account. As for the future discount on your bill, not likely.

At best, this could be a thirdparty service provider claiming you’ll save money if you switch to their service. But sometimes these services come

with catches that could actually have you paying more on your bill — or even two bills at once: your utility company’s and the service provider’s.

So if you get one of these calls, here’s what to do:

•Hang up. Don’t press any numbers or respond to any instructions. If you press or respond, you’ll probably wind up getting more unwanted calls like this.

•Tell the FTC at ftc.gov/complaint if you spot this or any other scams.p

Lisa Lake is a Consumer Education Specialist, FTC

•Never give the caller your So-

Creditors’ Harassments!

Lawsuits! Foreclosures!

Get the legal help you need NOW! Call 718-222-3155!

FREE BANKRUPTCY CONSULTATION Save Your: *Home *Business *Car *Peace of Mind/Health *Marriage/Relationship

Documents Required: *List of debts *Your most recent tax returns *Correspondence from creditors *Lawsuit documents *Social Security and ID *List of assets

Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!

The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.311bankruptcy.com

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October 2020

10

Union In Action

Actors’ Equity Association Responds to Extended Suspension of Broadway

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ew York: Actors' Equity Association, the national labor union representing professional actors and stage managers in live theatre, released the following statement regarding the Broadway League’s announcement that the Broadway suspension would extend through May, 2021.

“My heart breaks for everyone who works on Broadway or depends on it to make their living. Today the Broadway League made the difficult but responsible decision to put the safety and health of their workers and audience first.

This is a deeply painful time for everyone who depends on the arts for their livelihood. We are at this moment because, seven months into the pandemic, our nation still lacks a coherent national strategy for masks and testing which could help bring the virus under control,” said Mary McColl, executive director for Actors’

Equity Association. “Too many in the industry need help now as we face another six months without work. The ongoing lack of work in the arts means we face a critical need for a federal COBRA health insurance subsidies, renewed federal unemployment benefits and arts funding. Washington must act.”

Equity has been fighting for a governmental response to an arts industry shutdown since March, when it first asked for an economic relief package for an industry in crisis. The union then fought for the passage of the CARES Act in March, helping expand the bill to apply to arts workers who lost future work.

While Equity members have largely been without work weeks that would allow them to qualify for union coverage, the union has been fighting for increased access to affordable health insurance. In April, Equity called for a COBRA sub-

sidy as unemployment began to skyrocket in the arts and entertainment sector.

In May, Equity then set its sight on the HEROES Act, which passed the House and has yet to pass the Senate. Last month, House Democrats introduced a new version of the bill, that Equity also supports.

It includes, for example, these provisions that protect Equity members: •$10 billion in emergency arts funding would be made available via an updated “Save Our Stages” Act that also includes

new, critical worker protections.

•An additional $135 million in funding for the National Endowment for the Arts. More funding was also allocated for the National Endowment for the Humanities and Corporation for Public Broadcasting.

•New provisions to ensure that workers who earn a mix of traditional (W-2) and independent (e.g. 1099) employment income can fully access the unemployment assistance provided in the CARES Act.

Equity members and supporters have collected 26,000 signatures on relevant petitions, sent nearly 80,000 emails and text message and made 3,000 calls to Congress to advocate for the passage of the HEROES Act. Equity drafted a letter calling for additional supplemental arts funding, and over 260 employers signed on. It was delivered to Congressional leadership on September 17.

Equity will continue to prioritize Congress taking action to approve relief for workers and the industry. p ACTORS' EQUITY ASSOCIATION, founded in 1913, is the U.S. labor union that represents more than 51,000 professional actors and stage managers. Equity endeavors to advance the careers of its members by negotiating wages, improving working conditions and providing a wide

range of benefits (health and pension included). Member: AFLCIO, FIA. www.actorsequity.org #EquityWorks

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October 2020

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11

Family: The True Modern Relationship

Tips to Keep Families Healthy This Fall

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or many families across America, fall is viewed as a time to reset and create new rituals, especially with key moments like back-to-school.

We all know common routines have been disrupted due to the COVID-19 pandemic, which makes parenting more challenging than ever. This year, preventing illness at home is part of everyone's focus. A simple runny nose could mean anything from the common cold or allergies to something more serious like the flu or COVID. "This fall, parents' #1 priority should be keeping their family healthy," says Dr. Wendy Wright, adult and family nurse practitioner, owner of two family-health clinics and spokesperson for Advil. "In addition to COVID-19 concerns, there's the typical cold and flu season to consider, with these dual threats unlike anything we've ever faced before. By being proactive and knowing smart steps to treat illness, you'll help support your family's wellbeing."

Wright recommends these three tips to help keep families

healthy this fall: 1. Wash and disinfect daily Whenever you and your family re-enter the home, wash your hands right away with soap and water. Wash hands well for 20 seconds, or about the time it takes to sing "Happy Birthday" twice. Washing your hands is one of the easiest, most effective ways to prevent the spread of germs.

If soap and water aren't readily available, the CDC recommends an alcohol-based hand sanitizer that contains at least 60% alcohol. You should apply the hand sanitizer gel in the palm of your hand, rub your hands together and then rub the gel on your hands and fingers for 20 seconds until they're dry.

You should also disinfect commonly touched items. For kids attending school, this means wiping down backpacks, lunch boxes inside and out and folders used to bring paperwork to and from school each day. If done according to directions on the disinfectant, this helps kill germs and can further lower the risk of spreading infection.

2. Monitor and treat a fever This cold and flu season, monitoring and treating fevers are more important than ever to reduce the spread of germs. Readings at or over 100.4 F indicate a fever and may be a sign of underlying illness. Keep family members at home if they have a fever and treat as necessary with Advil to reduce fever and relieve minor aches and pain associated with the common cold or flu. There are different types of Advil that your entire family can use to ensure everybody in your home has options.

3. Set routines to prioritize health Routines bring structure to the day, something that will be key this fall when kids are back in school, be it in-person, at-home

or a hybrid approach. Now that kids are waking up earlier, they also need to go to bed early, so it's important to set a sleep routine for your family. Adequate sleep provides energy, helps students focus at school and supports a healthy immune system.

The CDC recommends these sleep guidelines depending on your child's age: •Preschool 3-5 years old: 10-13 hours •School-age 6-12 years old: 9-12 hours •Teen 13-18 years old: 8-10 hours A well-balanced diet is also important for a healthy household. The CDC recommends the following healthy eating habits:

•Provide plenty of vegetables, fruits, and whole-grain products • Include low-fat or non-fat milk or dairy products, including cheese and yogurt •Choose lean meats, poultry, fish, lentils, and beans for protein •Encourage your family to drink lots of water •Limit sugary drinks •Limit consumption of sugar and saturated fat Parents should also ask kids how they are feeling both mentally and physically and note any symptoms. Of course, if someone feels ill or is showing signs of sickness, stay home and seek immediate medical attention from your family doctor, local pharmacist or other healthcare provider.

"This fall will be different than what we're used to," says Wright. "With a positive attitude and proactive planning, you can support your family's wellness and help them thrive educationally."p(BPT)

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October 2020

12

Education

Schools Often Fail to Identify Gifted and Talented Students – Especially If They are Black, Latino or Native American Having reviewed national data in detail as scholars of gifted and talented education, my colleagues and I have found that inequities like this exist across the country and in most school districts.

BY JOHN LOGAN THE CONVERSATION

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bout a decade ago, I was working with a large, urban school district on creating a gifted and talented program that would include all kids, regardless of their race or income.

In this district, Black children and children from poor families were rarely identified for gifted education services.

These services include enrichment, special classes and focused projects intended to help students excel in areas in which they show signs of exceptional potential and talents.

I visited one school, near a prestigious university in an upscale neighborhood, where 48% of all students received

services for gifted and talented students. There, about 50% were white, 22% Black and 12% Asian. Few were being raised in low-income families. At another school I visited a short 10minute drive away, no students were identified.

This school was located in a poor neighborhood. Ninety-eight percent of the students were Black, and all of them qualified for free or reduced-price meals.

State report cards First, we examined census data from the Office of Civil Rights for the years 2000, 2012, 2014 and 2016 regarding gifted students from every U.S. public school to see how many students attend schools that identify youth with gifts and talents. We found that 42% of public schools did not identify a single student.

Then, we looked for patterns regarding race and ethnicity and income levels among the schools that do screen students and designate some of them as gifted and talented.

When we published our findings in 2019, we issued report cards for every state and for the U.S. overall. We gave 17 states failing grades because fewer than 60% of their public schools identified anyone as gifted and talented. Six more got a D. Racial and ethnic disparities Interestingly, we found that Black, Asian, white and Latino children were equally likely to attend schools that identified gifted students, although Native American students were less likely. As a result, we determined that access alone does not explain why Black and Latino students are underrepresented in gifted education.

I consider these racial inequities to be staggering.

About 15% of all students are Black, but only 8.5% of students identified as gifted and talented are Black. Roughly 27% of students are Latino, yet only 18% of the students determined to be gifted and talented are Latino.

This pattern also holds for Native American and Native Hawaiian students.

Nearly 59% of gifted and talented students are white even though only 48% of all students are white. Asian students are even more disproportionately represented: They comprise 5% of all students, but nearly 10% of students identified with gifts and talents.

Along with racial and ethnic patterns, we found that poverty played a role.

High-poverty schools are slightly more likely to identify students as gifted than others. Despite that, they identified only about 58% as many gifted students as low-poverty schools – those largely attended by more affluent children.

Nationally, only 8% of the students attending high-poverty schools were identified, versus 13.5% of students of students enrolled at lowpoverty schools.

‘Missing’ students There were 3.3 million U.S. students identified as having gifts and talents in the 2015-2016 school year. Based on our findings, we estimate that even more – another 3.6 million –

ought to be designated this way.

These students are missing from the official data because their school does not identify any students as gifted and talented, they attend a highpoverty school or because they are Black, Latino or belong to another underidentified group.

For example, only 276,840 Black students were identified as gifted and talented in 2016.

We estimate that as many as 771,728 would be identified this way if systems were working properly.

Fixing the problem Many students benefit when they receive gifted and talented services at school. They become more motivated to learn and more likely to earn good grades, while developing positive social and emotional skills.

In previous research, my colleagues and I found that students from underserved groups who receive gifted and talented services at school benefit even more than their affluent classmates.

One way schools can make the process more equitable is by letting students qualify for these programs in multiple ways. This helps because a single test, on which privileged students may outscore others, does not serve as the only or the most important avenue to being identified as a gifted and talented student.

I believe that all schools should examine their current systems for identifying students with gifts and talents with an eye toward equity. If needed, they should step up their efforts to ensure that students from underserved communities get a fair shot, and also develop programs to nurture these students – as the school district I advised a decade ago eventually managed to do.p

Marcia Gentry is a Professor of Educational Studies; Director, Gifted Education Research and Resource Institute, Purdue University

October 2020

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13

Workers’ Safety

Use Your Phone to Fight COVID-19

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he The fight against COVID-19 is one that we can win if we work together. Each and every one of us knows to wear a mask, wash our hands and keep a social distance. These simple steps can keep our communities safe. Now, you can add your phone to the fight against COVID-19.

New York has launched COVID Alert NY – the official Exposure Notification App created by the New York State Department of Health in partnership with Google, Apple and Bloomberg Philanthropies.

This is a free smartphone app available to anyone 18+ that lives and/or works in New York. The app uses Bluetooth technology – not GPS navigation – to quickly alert users if they have been in close contact with someone who has tested positive for COVID-19. Once alerted, users can quickly protect themselves and others by self-quarantining, contacting their physician and getting tested. Users can also log their symptoms daily and stay updated on the fight against COVID-19 in New York.

Amazon Plows Ahead with Prime Day Despite Dangers to Workers

Editorial credit: Silver Wings SS / Shutterstock.com

A The app does not compromise privacy or collect any personal information. Use of the app is completely anonymous and the app does not track location. COVID Alert NY puts the power in your hands – and on your phone – to fight back harder against the virus. The app is free via the App Store and the Google Play Store. p

CIR/SEIU and Partners Create "We Keep Us Safe" Guide

mazon moved forward with its Prime Day shopping event this week, despite a report by Reveal, from The Center for Investigative Reporting, showing that the week around last year’s Prime Day was the most dangerous for Amazon fulfillment center workers.

"During normal times it’s a grueling period for workers. During a global pandemic it may well push workers beyond their limit,” said Stuart Appelbaum, President of the Retail, Wholesale and Department Store Union (RWDSU). p

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In addition to being eligible for workers' compensation, you may also have a claim against a party other than your employer. That is why it is so important to seek assistance from our experienced team.

T

he Committee of Interns and Residents/SEIU teamed up with partner organizations Forward Together and Last Mile to create the guide "We Keep Us Safe" to address the systemic inequities that exist when accessing healthcare during the coronavirus pandemic. The guide is designed by and for Black, Indigenous, Latinx, people of color and LGBTQ communities that provides tips, advice, and resources for anyone who thinks they may have COVID-19 or cares for a loved one that may be-

come sick. Topics include information on symptoms, testing and prevention, kids and COVID-19, reproductive justice, advocacy for COVID-19 safety for essential workers, advocacy and organizing in the workplace, how to vote and protest safely, and much more.

To get the Guide, go to forwardtogether.org. Individuals and organizations can also request printed copies from the digital version to distribute.p

Workers who know their rights and speak to a lawyer put themselves in a better position to obtain a recovery.

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October 2020

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14

In the News

You Can Help Stop the Layoffs

Guggenheim Union Greets Museum Members at Reopening With Protest

Photo courtesy NYC Central Labor Council

Photo courtesy DC37

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C 37 launched a campaign to highlight the invaluable services our members provide and demand the state Legislature take action to stop the proposed layoffs of 22,000 city workers.

Please visit www.dc37everydayheroes.com to watch the video and click the link to email your elected officials and

urge them to support the various job-saving proposals under consideration.

We are at a critical juncture. It is vital that the state Legislature take action to save the jobs of members, who as essential workers have already sacrificed so much during this COVID-19 pandemic.

Please share this message with coworkers, family, friends-- anyone who is willing to stand with us! We are essential to New York City. Layoffs are simply not an option. Visit: www.dc37everydayheroes.com to email your legislators.p

2020 Local 3 Legends St. Baldrick's Fundraiser

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truck loaded with digital screens parked in front of the Guggenheim Museum in New York and blasted Fifth Avenue with Led Zepplin’s 1970s hit “Kashmir.” The truck belonged to IUOE Local 30, the union representing art handlers and facilities staff at the Guggenheim, who staged a protest outside the museum during its members-only re-opening.

“We Deserve a Better Guggenheim,” read one of the messages on the mobile screen. Others read “Fair Contract Now” and “#DoBetterGuggenehim,” in addition to news clips and facts about the union’s yearlong negotiations with the museum, which have yet to culminate in a collective bargaining contract.

“The museum fought the workers’ union from the very beginning of this campaign and continues to fight them,” Andres Puerta, a representa-

tive of Local 30, told Hyperallergic. “ It’s a failure of the Guggenheim’s administration that they haven’t been able to reach an agreement with their workers.”

An attorney representing the Guggenheim sent a letter to Local 30 asking the union to hold any future protests in a designated area on the corner of Fifth Avenue and 88th Street, down the street from the museum’s entrance. Local 30 dismissed the Guggenheim’s request and parked its protest truck defiantly in front of the museum’s entrance.

“Nobody is going to tell us how we can exercise our First Amendment rights,” said Puerta. p —NYC Central Labor Council, AFL-CIO

A Pandemic Nurse's Diary

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Photo courtesy NYC Central Labor Council

T

he 2020 Local 3 Legends shave-off fundraiser was spread out far and wide, from job sites to union members’ homes and backyards.

It’s an annual tradition that Local 3 IBEW members are

proud of, and not even this tumultuous year could stop it. 22 participants raised over $78,000 for the St. Baldrick’s Foundation, which is the top private funder of childhood cancer research grants in the U.S. and the world. Thank you to all the union members, employers, families and friends who donated to this great cause. Please consider making a donationp

arch 20, 2020: When I walk through the automatic doors into the ICU at 7 AM, I step into a war zone. There are overflowing trash buckets and debris scattered all over the unit. Four red crash carts sit outside the rooms, their drawers open and largely empty, witnesses to the chaotic night. One of the patients who coded survived, the three others died.

One body in a white plastic shroud is still in a room on the bed waiting for a stretcher.

So opens the personal diary of Nurse T. She is one of the thousands of health care workers in New York City who covered their twelve-hour shifts day after day as the Covid-19 virus raged through the city. Her account is personal, poignant and poetic as she documents the suffering of the poor, largely immigrant patients who flooded the facility seeking treatment.It is also the story of a city, state and federal government that long denied hospitals like hers the funding

and support they need to meet current standards.

Long starved for funds, the facility’s ancient infrastructure and inadequate supplies placed a heavy burden on the staff, who nonetheless walked up the marble stairs all through the crisis and gave their best, whatever the personal cost, whatever the outcome.p

www.workersworldtoday.com

October 2020

15

Jobs & Recession

Give a Professional Impression

H

ow do colleagues, employers and customers describe you?

If your career is important to you, hopefully the words “true professional” are somewhere in their descriptions.

We all want to be the best at what we do, and carrying ourselves in a refined way is important to that goal.

The good news is that acting like a professional requires no intensive training or costly investments. Simple behaviors and actions can help you earn the respect of those around you.

Show Up On Time One of the easiest ways to create and retain a professional reputation is to be punctual.

Keep appointments, hit deadlines and show up to work early. Nothing says “true professional” like an employee who can churn out work on time and within expectations of quality.

Look into digital tools that

can help you seamlessly maintain your meetings, especially if your job requires numerous conferences, phone calls or online engagements with many clients.

Track your time to make sure you’re giving enough of it to certain projects and you’re prioritizing the most important ones.

Be Friendly This sounds simple, but being friendly in the workforce isn’t always an easy thing for people. Differing personalities and stressful deadlines can make this hard for colleagues to achieve on a regular basis.

Your goal is to be the calming force in the face of changing work environments. Motivate your peers to do better, but in a way that is collaborative and positive. Take on extra work and avoid talking behind your bosses’ backs. Remember to make sure every team member feels valued and every customer feels im-

portant, and you’re on your way to making a strong professional reputation.

Dress Professionally This tip may cost you a little money up front. It is important to look the part, so spending money on a few nice suits and dress clothes will be worth the investment.

Dressing professionally gives you more confidence, which in turn positions you as a professional employee in the eyes of those around you.

Employers will appreciate your professional attire because it creates a positive reflection on their business, as well. So update your wardrobe today, and don’t forget to keep it classy, professional and formal. p

Get more resources to help your professional career and boost your confidence at www.freeparalegal.org

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October 2020

16

Know Your Rights

Governor Cuomo Signs Executive Order Extending Moratorium On COVID-Related Commercial Evictions Through January 1

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overnor Andrew M. Cuomo signed an Executive Order extending the state's moratorium on COVID-related commercial evictions and foreclosures through January 1. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward.

"The health and economic impacts of this pandemic have been devastating, and we are continuing to do everything

we can to support people who are suffering," Governor Cuomo said. "We are going to extend the commercial eviction and foreclosure moratorium through January 1st.

That will now align with our residential eviction moratorium so they are both extended to the same date."

Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 for a period of 90 days to ensure no tenant was evicted during the height of the public health emergency. The commercial eviction and foreclosure moratorium was extended through August 20, September 20 and October 20 by Executive Order. The Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately and ex-

tended the eviction moratorium for tenants until the Emergency expires. Additionally Governor Cuomo signed legislation to provide financial assistance to residential renters to provide relief during the public health emergency. Governor Cuomo also has provided additional protections for residential renters from charges for late payment of rent, and allowed tenants to use security deposits to pay rent for residential tenants by Executive Order.

About the Tenant Safe Harbor Act The Tenant Safe Harbor Act— sponsored by Senator Brad Hoylman and Assembly Member Jeffrey Dinowitz— was signed into law by Governor Cuomo.

Senator Hoylman issued the

Editorial credit: Hans Pennink / Shutterstock.com

following statement at the time, in response: “There’s tidal wave of evictions looming over New York.

No one should be forced onto the street during a pandemic.

We have a moral obligation to

do everything possible to keep New Yorkers in their homes.

“Now that the Tenant Safe Harbor Act has been signed into law, those New Yorkers most affected financially during this pandemic will have immediate protection from eviction. No single law can single-handedly solve the eviction crisis—but the Tenant Safe Harbor Act is one crucial step to address the looming tidal wave of evictions.

“I’m grateful to Governor Cuomo for signing the Tenant Safe Harbor Act into law today, and for his leadership throughout the COVID-19 crisis. I also want to thank my colleagues, Assembly Sponsor Jeffrey Dinowitz and Senate Co-Prime Sponsor Liz Krueger who were instrumental in helping craft this legislation.”p

October 2020

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17

Old & New Immigrants: Their Rights

How Trump’s COVID-19 Immigration Ban Has Impacted Family-Based Immigration

BY JORGE LOWEREE

T

he Trump administration is successfully using the COVID-19 pandemic as a pretext to alter the U.S. system of legal immigration. New government data makes clear that these changes will significantly increase employment-based immigration at the expense of people in the family categories—and without any involvement by Congress.

On March 20, the administration suspended routine visa services at all U.S. embassies and consulates abroad. And on April 22, the president signed the COVID-19 immigrant visa ban that targets our family-based and diversity categories with precision.

The immediate combined impact of both changes has been evident for months. The total number of visas–both im-

migrant and nonimmigrant– issued to noncitizens abroad declined by nearly 95% between January and May of this year. But the long-term impact has only recently been made clear by the end of the fiscal year (FY) and the Department of State’s October visa bulletin.

The COVID-19 Immigrant Visa Ban The COVID-19 immigrant visa ban relies on the same authority President Trump used to

implement the Muslim Ban and its subsequent expansion.

While the prior bans were implemented on national security grounds, the COVID-19 immigrant visa ban was implemented with the stated purpose of preserving employment opportunities for Americans negatively impacted by the recent economic downturn – albeit without any meaningful economic analysis of its purported impact.

And while the ban appears to apply to a combination of

noncitizens in the family, diversity, and employment categories, it was drafted in a manner that creates the greatest consequences for those in the family and diversity categories while leaving noncitizen workers seeking to become permanent residents largely untouched.

That is because the ban only suspends the issuance of new immigrant visas to people outside of the U.S., and not those who obtain green cards from inside the country through adjustment of status. The Department of Homeland Security’s own data from FY 2018 (the most recent year available) confirms that over 94% of noncitizens who obtained permanent residency through family ties did so from abroad, while 80% of those who applied for green cards through the employment-based categories did so from within the United States through adjust-

ment of status.

Collectively, this means that the consequences of the COVID-19 immigrant visa ban and the suspension of routine visa services abroad have sharply reduced the number of people who have obtained green cards through close family ties and the diversity category. And under current law, this reduction will result in a significant increase in employment-based immigration in FY 2021.

The October Visa Bulletin Shows the Impact the COVID-19 Immigrant Visa Ban The allocation of immigrant visas under current law is complex. In general, the U.S. may grant up to 675,000 permanent immigrant visas each year. 480,000 are typically reserved for the family prefercontinued on page 18

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October 2020

18

Old & New Immigrants: Their Rights

I’m Undocumented. When Should I Tell Him or Her?

BY DAISY CAMPBELL

W

hen you meet someone and start the 'getting to know you' process, there are many issues that can hinder the formation of a beautiful relationship.

Kim was an undocumented immigrant and had met Steven, a citizen of the United States. Both had met while at a public event one night. They both took a liking to each other and started dating. After a month into the relationship, Kim began to see Stephen's qualities that she admired, but there was an issue, she had kept her immigration status from him. She has become fond of him and now found herself in a predicament as to the right time to tell Steven about her situation.

We use the trust to judge the relationship with each other and, in the process, determine how much we can give. Being

an undocumented immigrant and the stigma attached to such a situation can often pose a challenge, especially when that individual enters the world of dating. Meeting people and forging meaningful and long-lasting relationships can undoubtedly be a painful experience.

To determine the suitable time or whether or not to declare your immigration status can be quite burdensome as the risk of making it known is far greater than keeping it a secret.

As adults, we know that relationships grow

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in stages. The more time that we spend to build the relationship, the more intimate and meaningful it becomes. At the beginning of the relationship, before the initiation of sexual contact, being an undocumented immigrant, makes the situation more complicated.

It would be best to use that introductory period to get to know the person. Ask questions, try to get to know them, learn about the things they are passionate about, and talk about current events.

If you decide to tell him or her, the upside to this is that he or she would appreciate the fact that you are sincere, and therefore trust would be cemented, and the relationship can grow. The downside could be that he or she, might not be prepared to undergo the challenges of the situation and may opt to end the relationship as they may find it challenging to endure. However, the greatest fear of any undocumented immigrant is revealing his or her status, and having that information used against them afterward. There is a fear that the partner might raise the alarm and notify the authorities, leading to deportation.

Sharon, an undocumented immigrant, revealed her status to her boyfriend. At first, he was okay with it; then, things changed after a few months into the relationship. He became very verbally abusive, and she tried to defend herself, he made threats to call Immigration to send her home. She was devastated by the threat. He didn't make the call, but the relationship was never the same.

They eventually parted ways.

At the start of a new relationship, sex is a means to share intimacy and be playful while also building deeper trust and care levels. It is an excellent way for new couples to connect and learn about their passions and desires. Sexual intimacy and the connection that couples share can lead to both parties falling in love. When you are an undocumented immigrant, and your partner is a citizen, your partner deserves to know the truth. At this stage, the issue of trust is questioned, which may either make or break your relationship. Deciding about the right time to reveal your immigration status depends on you, the individual, and your comfort level with your partner. There is no hard or fast rule, and the final decision is yours to make.p

Trump’s COVID-19 Immigration Ban/ continued from page 17

ence categories, 140,000 for the employment-based immigrants, and nearly 55,000 (up from 50,000 in past years) for people in the diversity category.

Under current law, any unused visas in the family preference categories become available on the employmentbased side in the next fiscal year, and vice versa. But the demand for immigrant visas from much of the world typically exceeds the supply, so this spillover is rarely significant. The COVID-19 immigrant visa ban has created a major exception.

The Department of State’s October visa bulletin and related announcement from USCIS confirm that thousands of immigrant workers will be able to move forward with the last step in their green card process–adjustment of status.

The visa bulletin notes that there will be 261,000 immigrant visas available for immigrant workers in FY 2021–nearly double the annual allocation, and a historically high number.

And while this is certainly welcome news for many immigrant workers and their U.S. employers – including some who have been stuck in visa backlogs for years–this movement has only been made possible due to the sharp reduction in the issuance of visas to immigrant families who will either be subjected to further delays in obtaining permanent residency or lose the ability to do so altogether.

Relief is certainly necessary for people stuck in the years or decades-long waiting lines in our legal immigration system. But the policies that have led to these changes are a cynical attempt to bypass Congress and to implement the president’s long-held immigration priorities through executive fiat.

Cutting the visa numbers in some categories to boost others by presidential proclamation does not address the fundamental problem with our immigration system. We must make immigration to the U.S. more accessible and realistic by boosting the overall visa numbers–not by pitting groups of immigrants against each other.p

October 2020

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19

Love, Health & Travel

World Sight Day 2020: October 8

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ew York, NY: The COVID-19 pandemic may have changed the way we visit our doctors, but it shouldn’t prevent us from staying up-to-date with our usual health care appointments, including vision checkups.

“During the coronavirus pandemic, people should guard their eyes with glasses or face shields to protect their eyes from virus infection," says Dr. Daniel Laroche, Director of Glaucoma Services and President of Advanced Eyecare of New York. People also need to know, even though there are many concerns about COVID19, common-sense precautions can significantly reduce the risk of infection, he says, adding: “Wash hands frequently, follow good contact lens hygiene and avoid rubbing or touching our mouth, nose and especially our eyes.''

Dr. Laroche is also affiliated with the New York Eye and Ear Infirmary of Mount Sinai, Island Eye Surgical Center and New York University.

The COVID-19 pandemic has also changed the way people visit their doctors. For patients over 60, Dr. Laroche advises it's better to stay home and do telehealth over the phone or

video consultation until the pandemic flattens. He also encourages people to wear face masks on visits and maintain social distancing, even if they are in a health clinic.

“Eyesight or human vision is one of the most important senses. As much as 80 percent of what we feel comes through our sense of sight. By protecting the eyes, people will reduce the chance of blindness and vision loss while also staying on top of any developing eye diseases, such as glaucoma and cataracts. A healthy brain function requires a healthy vision. The brain is our most essential organ, and it allows us to control other organs. Normal and healthy vision contributes to improved learning and comprehension for a better quality of life,” says Dr. Laroche.

Dr. Laroche says there is another critical issue that COVID19 has brought to the forefront and that is the issue of health care disparities among Black and Brown people. “Nationally, African American deaths from COVID-19 are nearly two times greater than would be expected based on their share of the population. In four states, the rate is three or more times greater. In 42 states, plus

Recall Widens for Metformin/ continued from page 1 Industries products, on Oct. 5.

It involves the 500mg and 700mg tablets. More than 175 different drug combinations have been recalled since late May. Consumers can see all the recalled metformin products at the FDA website. The agency says that immediate-release metformin does not appear to have the same contamination problem.

The FDA has been investigat-

ing the presence of nitrosamines, known to be a possible carcinogen, in the popular diabetes medications since December, when it was first discovered in drugs in other countries. The agency said this month they still do not know the source of nitrosamines in the medications.

The investigation, and subsequent recalls, follows similar ones for contamination of popular heartburn and blood pressure drugs, also for nitrosamines, such as N-Nitrosodimethylamine (NDMA).

Washington, D.C., Hispanics make up a greater share of confirmed cases than their share of the population. In eight states it’s more than four times greater,” he says, adding: “In stark contrast, white deaths from COVID-19 are lower than their share of the population in 37 states.”

Dr. Laroche says there are several things that can be done to not only address but to help combat this issue: 1. Increase the number of Black and Afro-Latino physicians worldwide.

4. Provide a living income stipend for poor people to access food and reduce malnutrition.

10. The government should also require medical school, research and hospital funding to diversify and benefit people of color. p

5. Eliminate racism to reduce stress.

6. Identify white supremacist organizations as terrorist groups.

7. Recommend all corporations have people of color in the top management and leadership positions.

2. Implement universal health care.

8. Eliminate sole reliance on standardized testing as the criteria to be used at entry to magnet schools.

3. Increase wealth and education which produces better health.

9. Provide more funding to reduce homelessness and for mental health.

The FDA says patients taking metformin products that have been recalled should continue taking the medication until a doctor or pharmacist gives them a replacement or a different treatment option. It could be dangerous for patients with type 2 diabetes to stop taking the medication without first talking to their doctor.

The agency has asked drug manufacturers to test products before batches are released into the market. The companies must tell the FDA if any product shows levels of ni-

About Dr. Daniel Laroche Dr. Laroche is an exceptional glaucoma specialist in New York.

He studied and received his bachelor's degree from New York University and a medical doctorate with honors in research from Weil Cornell University Medical College. He underwent a medical internship at Montefiore Hospital and finished his ophthalmology residency at Howard University Hospital in Washington D.C., where he was the chief resident in his third year. He later completed his glaucoma fellowship at New York Eye and Ear.

trosamines above the acceptable limit.

The risks from nitrosamines is not clear. The FDA says they may increase the risk of cancer in people who are exposed to high levels over a long period of time, “but we do not anticipate that shorter term exposure at levels above the acceptable intake limit would lead to an increase in the risk of cancer.”l WebMD Health News Brief Reviewed by Brunilda Nazario, MD on October 12, 2020

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October 2020

20

Love, Health & Travel

Breast Cancer Screening Is Still Important During the COVID-19 Pandemic

A

t the onset of the COVID-19 pandemic, elective medical procedures, including cancer screening, were largely put on hold to prioritize urgent needs and reduce the risk of the spread of COVID-19 in healthcare settings. One consequence of this has been a substantial decline in cancer screening.

As states re-open businesses and ease restrictions, many healthcare facilities are starting to offer elective procedures again, including cancer screening. Restarting cancer screening requires careful consideration of the risks and benefits of screening, along with ensuring safety for both patients and healthcare personnel.

Decisions about restarting screening depend on many factors, and they may not be the same for every person.

They will likely vary by community while the pandemic continues.

If an appointment was made

for screening that was postponed or canceled, patients should talk to their healthcare team about when to reschedule. Providers can discuss balancing the risks and benefits of being screened now or postponing for a later date, considering personal and family history, other risk factors, and the timing of the last screening test.

"Finding breast cancer early and getting high-quality cancer treatment are the most important strategies to prevent

deaths from breast cancer.

Getting regular screening tests is a critically important part of finding breast cancer early," said Dr. Laura Makaroff, Senior Vice President, Prevention and Early Detection for the American Cancer Society.

"Breast cancer screening disparities are already evident and without focused attention, are likely to increase as a result of the COVID-19 pandemic. Efforts to promote breast cancer screening and overcome barriers for popula-

tions with low screening prevalence must be at the forefront of our focus," said Makaroff.

Many women get an annual mammogram for breast cancer screening. However, leading organizations that issue screening guidelines recommend that average risk women ages 55 and older can be screened every two years.

Women 55 or older who had a normal mammogram within the last year could choose to have their next mammogram up to 24 months after your last one.

As your regular facility for health care returns to providing cancer screening, it's important that it is done as safely as possible. The US Centers for Disease Control and Prevention (CDC) has recommendations for healthcare facilities to reduce the risk of COVID transmission: •Screening centers should be available to answer questions from patients via phone or

web portal before and/or after the screening procedure.

•Patients should be prescreened for COVID-related symptoms before screening appointments.

•Scheduling of appointments should allow for physical distancing between patients, and longer appointment times, if needed, to avoid crowding in waiting rooms and patient care areas.

•There should be limitations on visitors other than patients and/or their caregivers into the screening facility.

•If not done in front of the patient, the screening center should be able to explain how often equipment and surfaces are disinfected and cleaned.

•Everyone, including patients and staff, should wear a face covering or face mask, where appropriate. There should be frequent handwashing and use of hand sanitizer by staff, patients, and visitors.p —American Cancer Society

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October 2020

21

Love, Health & Travel

Can You Save Your Marriage?

BY JANET HOWARD

O

nce upon a time, marriages were intended to last forever – ’till death, not divorce, parted the partners. These days, that’s not always the case, and in every marriage – even the happiest ones – there are times when the going gets rough. You may even feel like it is time to quit, but maybe you can save your marriage and bring back the happiness.

Forgive yourself Everyone has faults, whether they admit to them or not. It’s human nature to be less than perfect. Forgive yourself your faults, and reconcile with your inner self. Accept that you may be in the wrong, because it takes two to make or break a relationship. It’s highly unlikely that the cause of your problems rests solely with one partner, so forgive your own faults and learn to like the person you are, faults and all, so that you can move forward.

Forgive your partner Habits that were endearing while you were dating can be irritating in the extreme once you are living together. And some faults – whether perceived or actual – only manifest with time and close contact. Snoring, being late all the time or irresponsible spending can become real stumbling blocks to your happiness if you allow them to.

Talk about it with your partner before it gets out of hand and your resentment has built to such a level that there is no forgiveness inside you. Your partner may not even realise how much their behaviour is upsetting you unless you communicate as calmly as possible and exercise forgiveness.

Compromise Marriage is – or should be – an equal partnership, and in all partnerships, compromise is essential. Keep the communication channels open, find out what is causing problems, and make adjustments in your

thinking and behaviour to improve life for both of you. Your standpoint is not necessarily right, any more than your partner’s is wrong, but both views should be negotiable, if you really want to save your marriage.

Make time for each other Do you remember those heady days when you were first dat-

ing? They were so wonderful because both of you were in love and learning about each other, and how to be happy together. Bring back those beautiful moments by making time to enjoy each other’s company all over again. Go for a walk in the park, hold hands, go to the movies or just stay at home together and enjoy a date night in. Remind yourselves why you got married in the first

place, and enjoy life together again.

Every couple deserves to be happy together, and if you make the effort to communicate with each other, forgive your faults and make time for each other, most problems can be overcome, and you can save your marriage. However, you can only do it as a team – it takes two to tango, after all!p

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October 2020

26

Elections 2020

Racism Has Long Shaped US Presidential Elections. Here’s How it Might Play Out in 2020

BY CLARE CORBOULD & ZIM NWOKORA THE CONVERSATION

W

ho turns out to vote, who stays at home, and who mails or drops in a ballot are all likely to play a significant role in the outcome of the US presidential election. Race and racism are important in motivating and suppressing voters.

Unlike in Australia and a handful of other democracies, voting in the United States is voluntary. People have to be motivated to vote, whether in person or by mail.

But with the public polarised and tribal, it is extremely difficult to convert likely voters away from their long-term allegiances.

So candidates try to mobilise likely supporters and suppress an opponent’s. Campaign strategists intended Donald Trump’s performance in the first presidential debate would signal strength. They hoped this would appeal to white women, whose support in important states he has

Barack Obama and Joe Biden’s close relationship may encourage more black voters to support Biden. Editorial credit: Christos S / Shutterstock.com

been losing in droves.

Trump instead signalled strongly to a white supremacist group, the Proud Boys, that he wanted their support.

A shameful history Democratic theorists argue high turnout provides legitimacy for the political system by ensuring all voices are heard in democratic processes.

In practice, however, efforts to manipulate electoral participation - and specifically to suppress Black voters - have been a prominent theme in the history of American elections.

Enslaved people could not

Available at Amazon.com

vote. After the 1860s Civil War, newly freed African Americans seized the right to vote, sending several men to represent Southern states in Congress.

But as early as the 1870s, white Americans systematically disenfranchised Black voters (and also many poor whites) through a variety of regulations — including property and education clauses.

The notorious “grandfather clause” decreed men could vote only if their grandfather was also eligible to vote in the years before 1867. Violence at the ballot box kept African American men, and African American women after 1920, away for decades.

When Trump incites his followers to sign up as “election poll watchers”, he evokes this very history, which dominated Southern politics until the civil rights movement.

New ways to suppress voters Since the movement, African American voters have selected the Democratic presidential candidate in huge majorities.

As a result, new forms of suppression have emerged to stop them.

Since 2010, 25 states have introduced measures to make it harder to vote. For example, they require voters to register prior to the election and/or provide photo ID at the point of voting.

In 11 states, people convicted of felonies are banned from voting long after custodial sentences end or fines have been paid – and sometimes for life. These laws have seen 6 million adults lose the right to vote.

These methods all affect poorer and less well-educated Americans more than affluent Americans. Non-white Americans, especially African American, Native American

and to a lesser extent Latino voters, have been most affected.

In Florida, where this disenfranchisement affected more than 20% of African Americans, voters overturned the ban. Republican state legislators soon found a way to ensure 775,000 people still cannot vote by deeming ineligible anyone with outstanding court fees.

In neighboring Georgia, Republican Secretary of State Brian Kemp narrowly edged out popular Democratic challenger Stacey Abrams – who is African American – in the 2018 election for governor. His success came by ruthlessly disqualifying 53,000 voters – 70% of them African American and only 20% white – with dubious “signature matching” requirements.

Activating voters On the flipside, both camps need to inspire their own supporters to vote, as well.

African American turnout was higher in the 2018 midterms than in 2014. Joe Biden, who needs to ensure sufficient proDemocrat and/or anti-Trump adults vote, will hope that trend continues.

African Americans have even more reasons than usual to vote. These include involvement in or proximity to the prominent Black Lives Matter (BLM) movement; the shockingly higher rates at which African Americans are contracting COVID-19 and dying; the greater economic consequences of the health crisis for African American communities; and the possibility of electing Kamala Harris as the first African American woman vice president.

Biden’s eight years as Barack Obama’s vice president – and their apparently effective professional and affectionate personal relationship – may help inspire African American voters. A big question is whether the mobilisation that occurred through BLM rallies will translate into high participation by minority and young people in the election.

Trump needs to mobilize the large groups of white women who voted for him in 2016.

But recent national and key state polls suggest Trump has

already lost a good proportion of white women, whether or not they have college degrees.

Polls do not always translate into election numbers, but in this case they follow the trend in the 2018 midterm elections and may reflect the unprecedented involvement since 2016 of suburban white women in pro-Democrat grassroots campaigning.

In 2020, the stakes are particularly high The 2020 elections seem unusually high stakes not just for public policy but for the future of electoral participation in America.

Trump has spent much of the past four years casting doubt on voting processes. If he can persuade Republican state legislatures to set aside the popular vote on the basis of alleged fraud, there is Constitutional scope for those legislatures to select whichever electors they like to represent the state at the Electoral College. This would be an almost unprecedented undermining of the fundamental ideal of “one person, one vote.”

Lawyers for both sides are preparing to take the battle into the courtroom if, as seems likely, the election outcome turns on a controversial electoral participation question.

These controversies may make their way to the Supreme Court, perhaps including a new judge. Its judgements may shape the terrain of electoral participation for a long time to come.

The Trump era’s suppression of the vote is out of step with the long run trend of greater inclusiveness. Another four years of Trump seems likely to create more obstacles to participation.

By contrast, a Biden-Harris victory provides an opportunity to prevent further erosion of democratic participation. It would also mark a new high in the representation of African American women in federal politics.p

Clare Corbould is an Associate Professor of History, Deakin University. Zim Nwokora is a Senior Lecturer in Politics and Policy, Deakin University.

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