Workers' World Today - Issue 33

INSIDE

June 2022

INSIDE:

Do You Need an Agent? The Answer Is Yes! ...11

How to Raise Kind and Caring Children ...9

8-page Insert from page 17.

Includes Estate Planning for the LGBQTIA+ Community

Issue #33

New Congressional Report Shows Unionized Workers Receive Better Pay, Benefits 18.3% more likely to receive employer-sponsored health insurance, and employers pay 77.4% more per hour worked toward the cost of health insurance for unionized workers compared with non-unionized workers.

Labor unions have also contributed to narrowing racial and gender pay disparities; unionization correlates to pay premiums of 17.3% for Black workers, 23.1% for Latino workers and 14.7% for Asian workers, compared with 10.1% for white workers. Overall, female union workers receive

BY JOINT ECONOMIC COMMITTEE DEMOCRATS

W

orkers represented by labor unions earn 10.2% higher wages than their non-union peers, have better benefits and collectively raise wages industrywide, according to a report released by House and Senate committees last Friday. According to the report by the joint economic committee of Congress and the House education and labor committee, unionized workers are also

NYC District Council of Carpenters Endorses AG James for Re-Election

AG James + union members. Photo credit: Kristen Blush

See page 5

Suozzi and Reyna: The Best Team to Lead NY

continued on page 7

Editorial credit: a katz / Shutterstock.com

DFree / Shutterstock.com

Hot Topics and News You Should Know About

Paralegal Training for Union Shop Stewards and Members ...14

DOT Announces Plan for Older Adult Pedestrian Safety ...8

‘A Revolutionary Ruling – and Not Just for Abortion’ ...16

Rena Schild / Shutterstock.com

Labor-Related News - Nationally & Locally

NYC Building Trades to CIR/SEIU Calls for De Niro: Build with Inclusion of Physicians Union Members ...10 Bonuses ...12

Could All of New York City Be Designated a Gun Free Zone? ...6

See page 4

Tom Suozzi and running mate Diana Reyna Photo: Suozzi-Reyna Campaign

New Fortune 500 List Shows America’s Economic Success Relies on Immigrants

BY STEVEN HUBBARD

A AFL-CIO Holds Constitutional Convention ...10

continued on page 13

merica’s economic success is built on the world’s best and brightest coming to our shores bringing ingenuity, creativity, and determination. From Wall Street to Main Street, businesses started by immigrants have helped the U.S. economy enormously.

Brian Figeroux, Esq.

Common Sense Democrats Who Will Reduce Crime & Cut Taxes

Tom Suozzi and Diana Reyna will: 3 Tackle the crime wave to make our neighborhoods and businesses safe 3 Focus on the rising costs of living that place families and businesses at risk 3 Improve our schools by incorporating social and preventive services 3 Confront the plague of corruption in state government in Albany 3 Address the high property taxes that threaten homeowners

Democratic Primary

Vote June 28th

Tom Suozzi for Governor & Diana Reyna for Lt. Governor SUOZZIFORNY.COM @TOM.SUOZZI

@TOM_SUOZZI

@TOM_SUOZZI

PAID FOR BY SUOZZI FOR NY | PAID FOR BY DIANA REYNA FOR NY

June 2022

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3

In Solidarity

The (Low) Wages of Misclassification: What One in 10 NY Workers

BY JAMES A. PARROTT

S Supports Workers’ World Today

R

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

ome 873,000 workers in many of New York State’s major low-paying industries – roughly 10 per cent of the state’s total workforce –are wrongly classified as “independent contractors.”

The result: They earn substantially less than payroll employees in those industries do, while also being denied the basic benefits and protections payroll workers have.

These are among the principal findings of a groundbreaking report, “For One in 10 New York Workers, 'Independent Contractor' Means Underpaid and Unprotected,” released today by the Center for New York City Affairs (CNYCA) at The New School.

In it, we focus on workers currently classified as independent contractors in 11 lowpaying industries.

Three-quarters of them are in transportation, construction, retailing, administrative and support services, and a catchall “other services” category that takes in nail salon and car wash workers, among other occupations.

We found that, as a group, full-time contractors in these industries earn only 69 percent as much as fulltime payroll employees do. Even these earnings are – for example, in the transportation industry – often overstated, since they are gross receipts and don’t reflect work-related expenses that contractors must meet themselves.

More than that, misclassification as independent contractors denies such workers coverage by social insurance programs, including Social Se-

curity, unemployment insurance, workers’ compensation (in most cases), and paid family and medical leave. They have no legal right to bargain collectively with employers, expect overtime pay for working longer than 40 hours per week, or receive employer-offered health and retirement benefits.

Such misclassification penalizes workers – and our entire society. It strains government social programs; their low earnings make thousands of low-paid independent contractors reliant on Food Stamps, and, because they’re denied employer-based health insurance coverage, Medicaid. Misclassification also puts employers who respect State labor laws at a competitive disadvantage to those who don’t.

Our research shows that this low-paid, precarious workforce is a widespread phenomenon; independent contractors in low-paid industries are found in every region of the state. We also found that in recent years, the proportion of this workforce composed of women and of people of color has been on the rise, especially in New York City.

Reliance on low-paid independent contractors typifies a broader trend of fragmentation, fissuring, and deterioration of payroll jobs into more precarious and less-protected forms of work. It’s part of an increasingly prevalent management strategy of cutting labor costs by underpaying workers and skirting employer obligations to social insurance programs.

The gig economy, characterized during 2014-19 by an explosion in Uber and Lyft

app-based for-hire drivers and then with the onset of Covid19, by the increase in restaurant, food, and package delivery workers, has dramatized this trend. We estimate that there are currently some 190,000 low-paid contractors (“gig workers”) in the state whose work is mediated by online labor platforms.

The good news is that progressive policy measures intended to benefit gig workers and other low-paid industry contractors have begun to level the playing they're on. In 2018, for example, New York City adopted the nation’s first minimum pay regulation for appbased for-hire drivers. Last year, the City Council also passed a package of measures protecting app-based food delivery workers, with a pay standard taking effect January 1st, 2023.

In the construction industry, State enactment and enforcement of a 2010 “fair play” act has greatly reduced independent contractor misclassification. State leaders have now also begun to ramp up hiring of wage and hour investigators – a welcome reversal of a years-long shrinkage in investigatory ranks caused by State Labor Department budget cuts.

More needs to be done. State leaders should, for example, extend the “presumption of employment” standard embodied in the Construction Industry Fair Play Act to other industries, and also close a loophole in the Transportation Industry Fair Play Act. A law enacted last year that makes construction companies legally responsible for wages and benefits of workers employed by

TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Linda Nwoke Victoria Falk Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Wayne Jordan Chris Tobias Manuel Holguin Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com

their subcontractors should be extended to warehouses and other industries plagued by abuses. Legislation is also needed to curb cutthroat pricing practices in nail salons.

Here's how one labor leader, Julie Bracero Kelly, general manager of the NY/NJ joint board of Workers United, responded to our report’s findings when we shared them with her.

“Employee misclassification is a growing and pervasive issue in New York that has exponentially increased the number of precarious, low-wage jobs lacking in basic labor protections,” she said. “New York must step up to the plate and address this issue by ensuring that workers misclassified as 'contractors' become protected employees."

We agree. p James A. Parrott is the director of economic and fiscal policies at the Center for New York City Affairs (CNYCA) at The New School. L.K. Moe is assistant director for economic research for the Covid-19 Economic Recovery Project at CNYCA.

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June 2022

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NYC Politics

Suozzi and Reyna: The Best Team to Lead NY

BY WWT EDITORIAL STAFF

D

uring an exclusive interview with People, Power & Politics Radio Show, Tom Suozzi discussed his run for Governor of New York. Tom Suozzi, the Democratic candidate for Governor of New York, stated that he is running for Governor because he is "fed up with the way things are going." He sees people leaving New York because they are reportedly "worried about crime and not being able to afford to live here."

Suozzi wants to do something about those issues.

Suozzi, who refers to himself as a "common-sense Democrat," says that he is not all talk.

He can get things done. Suozzi explained that he is "sick of the far left and sick of the crazy right." He wants to bring people together to truly help the people of New York.

Tom Suozzi believes his experiences have prepared him to be the kind of leader New York needs now: his training as a Certified Public Accountant and Attorney, the years he spent as a county executive, his eight years as Mayor of Glenn Cove, and the 5 ½ years he's spent in Congress wellequipped him to function as the next Governor of New York.

Suozzi also spoke fondly of his time working in the Caribbean, specifically, Trinidad & Tobago and Jamaica.

Failing Kathy Hochul He critiqued the current Governor, Kathy Hochul. Suozzi believes the current Governor of New York, Kathy Hochul, is failing in the position. A recent poll showed that 50% would not vote for her. He expressed concern that if she were to run against a Republican candidate, she might lose the election to a Republican. Suozzi voiced concern about having a Republican as Governor of New York. It may benefit former Republican President Donald Trump, who is trying to regain political power. "We can't let a Republican win," stated Suozzi. Suozzi pointed out what he referred to as "the 4Bs" as Governor Hochul's problematic areas: how she handled Brian Benjamin, the failing bail reform, the budget that will hurt New Yorkers in the long run, and her gift of $600 million to the Buffalo Bills.

Concerns of New Yorkers Tom Suozzi does not believe current Governor Hochul understands what is essential to the people of New York.

"Crime is the most immediate concern. People are afraid to take the subway right now.

I've been to vigils where young people have been shot.

People have their business doors locked. I've laid out a 15-point intervention plan to do something right away and make people feel safe - to fight the systemic problem," said Suozzi.

Suozzi also believes that New Yorkers are concerned about affordability and rising utility rates, and the problem in the New York City schools.

"We have to change the way we think about our schools… .We need to bring health and human services programs into the schools," said Suozzi.

"When you solve problems for kids at a young age, you help prevent all types of societal dysfunction. Focus more on prevention," emphasized Suozzi.

Proven Executive that Will Fight Tom Suozzi believes New Yorkers can trust him with their votes because he believes in "fighting for the people. "I will do it because I have done it as a proven executive, common-sense Democrat, and someone who gets things done for the people," stated Tom Suozzi.

Standing Up for Immigrants During his political career, he's demonstrated the ability to fight for immigrants by standing up to the U.S. Immigration and Customs Enforcement agents on their behalf — earning him a Person of the Year Award from the New York Immigration Coalition (NYIC).

Choice on June 28 When asked why one should vote for him on June 28, Suozzi responded: "I know how to run the government. I know how to get things done.

I have a heart for helping people. Combine a good heart with the ability to fix things, and we can help a lot of people," said Tom Suozzi.

DIANA REYNA FOR LIEUTENANT GOVERNOR Diana Reyna is a New Yorker with over two decades of experience in politics. She served

schools and build an educational system that will provide them with career skills. We have to invest in prevention and intervention programs in the schools and advance our curriculum and support. People want to see more parental representation in the Parent Educational Plans (PEPs).

Diana Reyna Photo Diana Reyna Campaign

as the immediate past Deputy Brooklyn Borough President for the first four years under now Mayor Eric Adams and, for twelve years, served in the New York City Council representing the 34th District. But now, Ms. Reyna is the running mate for U.S. Representative Thomas Suozzi's Governorship candidacy for the position of the Lieutenant Governor of New York in the 2022 election.

What should New Yorkers expect? Why is she running for the position? What qualities set her apart from other competitors, and what qualifies her for this position?

These were some of the questions asked the first Dominican-American woman to be elected into New York's public office.

Rep Tom Suozzi Editorial credit: Suozzi Campaign

Proven Leadership It is important to me to see the New York I need for my children and our families. The opportunity to be able to provide New York with proven leadership. I have the executive and the legislative skills our state requires to be redirected into the forward path. We have out-of-control crime and public safety issues. The Washington Post considers New York state the most corrupt state in the United States, and people deserve better.

judges, district attorneys, and prosecutors isn't one person's job. This requires all of us, including the public. If the public does not invest in the process, we cannot address public safety.

It allows me to be able to address affordability in our state.

Over 300,000 people have left New York just last year alone.

And when people go, it's because something's wrong.

Since 1957, we have had 45 congressional districts in New York. Today we have 27 congressional districts. We are losing one more. We're down to 26 congressional districts.

We lose federal funding when we lose congressional districts and have a $220 billion state budget.

If we have fewer people, our taxes will continue to go sky high, more sales tax, higher gasoline tax, and electricity bills. These taxes are drawn, driving New York out of the middle class, and the poor are squeezed into communities.

We have to do better about the affordability crisis that we're experiencing in New York.

We're not investing in what would be the wealth gap.

Owning something in New York is very important to families and providing for them is critical. Homeownership opportunity requires an affordability conversation.

Vision for New York & Priorities We have to address public safety because that is precisely what we've repeatedly been hearing. The issue of bail reform needs fixing. We cannot be too proud to say we did something wrong, and we have to try to understand where the fix is necessary. We need to allow judges to look at history when they're reviewing cases before them. Working with law enforcement,

Education and NYC's Segregated System Education is in a crisis. We're not talking about education that lost two years because of the pandemic. Before the pandemic, we had 66% of students leaving college and not finishing with debt. Before that, they already were experiencing a two-year gap in education. Our educational content must align with where our children need to be.

We have to fix our troubled

New York's Failing Health Care System Failing Minorities & Plans to Address This Inequity?

If we look at our health indicators, they're in the same communities where we have safety-net hospitals. Those are the publicly funded hospitals that are always underfunded.

So that's the first order of business.

It's funding and investing in these hospitals' infrastructure on the Upper East Side. You have a first responding vehicle that can reverse a stroke within the first 72 hours of an instance of a stroke. But you don't find it in Bushwick, in Bedford-Stuyvesant, where the stroke is the highest indicator in all of the city of New York.

And so, when we think of our health care, let's look at measures and resources. What is maintained in other communities that helps people live longer, and we have to learn from that and then take that model and apply it is where needed most.

The Lieutenant Governor's Race I am very confident that the people will vote for a proven leader, executive, and people that know how to govern. And being an activist is not necessarily how you manage. Tom Suozzi [running mate for Governor] and I are experienced leaders and have a very unified approach. We want to engage people, to get them involved and remain involved.

And being able to run with someone that understands these issues like me is very important. Tom Suozzi and I are running independently, but together, understanding that people will want leadership that know how to govern. p

THE DEMOCRATIC PRIMARY IS JUNE 28!

VOTE SUOZZI + REYNA!

June 2022

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5

NYC Politics

NYC District Council of Carpenters Endorses AG James for Re-Election

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EW YORK: New York Attorney General Letitia James on June 25, announced an endorsement from the New York City District Council of Carpenters (NYCDCC) during a campaign rally with the union’s members at Brooklyn Bridge Park.

The labor organization, which represents more than 20,000 construction workers, underscored Attorney General James’ commitment to protecting workers by fighting against wage theft and abusive work environments.

“I am honored to earn the support of the New York City District Council of Carpenters.

Together, we have fought for stronger protections for the hardworking families of this great city, successfully standing up to forces that try to cheat and hurt our workers,” said Attorney General Letitia James. “The unionized construction industry has been instrumental in building New

York and growing our economy, and in turn, we must do our part to support them. I vow to continue to defend workers’ rights, prosecute employers that steal wages and deny benefits, root out harassment, and fight to keep workers safe on the job.”

“No Attorney General has done more to help the District Council of Carpenters’ members than Letitia James,” said NYCDCC Executive SecretaryTreasurer Joseph Geiger.

“From recovering millions in stolen wages, to prosecuting unscrupulous contractors who discriminate and exploit workers, Attorney General James has been a vigilant fighter for workers in both the union and non-union construction industry. Letitia James is a true champion for working people and we need her to finish the job, to fight for the vulnerable, and to keep the powerful in check. We thank Attorney General James for protecting

AG James with NYCDCC Executive Secretary-Treasurer Joseph Geiger and union members. Photo credit: Kristen Blush

our hardworking members who built this city’s skyline, and we are honored to join the diverse coalition dedicated to supporting her re-election.”

“Attorney General James has time and time again given a voice to our hardworking carpenters across New York State, and we are proud to support her re-election,” said North Atlantic States Regional Council of Carpenters Assistant Executive Secretary-Treasurer

Bill Banfield. ”Not only has she prosecuted countless exploitative contractors and developers in New York State, but Attorney General James has shown that she is not afraid to speak up against injustices nationwide. It has been an honor to work with the Attorney General over the past four years, and we look forward to continuing our partnership.”

Attorney General James has

been endorsed by dozens of elected officials including: U.S. Senator Chuck Schumer; U.S. Senator Kirsten Gillibrand, Rep. Alexandria OcasioCortez, Rep. Adriano Espaillat, Rep. Carolyn Maloney, Rep. Mondaire Jones, Rep. Gregory Meeks, Rep. Yvette Clarke, Rep. Ritchie Torres, Rep. Joe Morelle, Rep. Hakeem Jeffries, Rep. Grace Meng; New York City Mayor Eric Adams; Borough Presidents Antonio Reynoso, Mark Levine, Vanessa Gibson, and Donovan Richards; along with a growing list of labor unions, organizations, including the Hotel Trades Council (HTC), New York State AFL-CIO, NYSUT, TWU, 1199SEIU, 32BJ, DC37, RWDSU, NYSNA, CWA District 1, the Building and Construction Trades Council of Greater New York and many organizations.

For more information about her campaign, visit www.jamesforny.com p

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June 2022

6

Civil Rights

Could All of New York City Be Designated a Gun Free Zone?

BY GREG B. SMITH AND KATIE HONAN, THE CITY

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he U.S. Supreme Court Thursday found New York’s restrictive handgun carry permit laws to be unconstitutional, triggering a scramble by state officials to find ways to create “sensitive locations” where handguns will still be prohibited.

By a vote of 6 to 3, with the liberal justices dissenting, the court declared that New York’s laws requiring that gun owners prove they have a “proper cause” to carry handguns in public violated both the Second Amendment constitutional right to “keep and bear arms” and the 14th Amendment, which bars the impingement of citizens’ rights without due process.

In New York, both Mayor Eric Adams and Gov. Kathy Hochul have worried about the fallout from this long-expected ruling, warning that it

New York City, NY USA June 2, 2022. NYC Mayor Adams held a press conference on gun violence and announces a new Gun Violence Prevention Task Force.

Editorial credit: Steve Sanchez Photos / Shutterstock.com

could lead to a dramatic increase in the number of people walking around crowded spots like Times Square and the subways with legally permitted handguns.

Hours after the decision written by Justice Clarence Thomas dropped, officials here were already talking about creating “gun free” zones through new legislation.

In his decision, Thomas specified that states still have the right to create gun-free zones,

though with limits. He rejected New York state’s argument that “the entire island of Manhattan” would qualify as a sensitive location.

That didn’t stop the City Council from suggesting state legislation today that would have the effect of dubbing the entire city of New York as a “sensitive location.”

Council Speaker Adrienne Adams said she’d sponsor a resolution calling for the state to “to designate U.S. Census-

defined highest population density areas of public roadways, streets, sidewalks, and pathways where there are 10,000 or more people within one square mile as “sensitive locations.”

As a whole, New York City has a population density of over 28,000 people per square mile.

“Given the high density that characterizes most of NYC we need to significantly limit the harm,” she said at a press conference announcing the council’s resolution, which calls on the state to consider the proposal but isn’t legally binding.

“We cannot afford to have weapons of violence proliferating and unabated.”

Going even further, Speaker Adams wants declared as “sensitive locations” any area within 1,000 feet of mass transit systems, hospitals, parks, government buildings, schools, child care facilities, places of worship, cemeteries, financial institutions, theaters,

bars, libraries, homeless shelters and courts.

Mayor Adams – who prior to the ruling said the case was “keeping me up at night” – vowed a legislative response as well, and his chief counsel, Brendan McGuire, mentioned the possibility of creating “sensitive locations” within the city.

McGuire said City Hall is looking at “every option available,” adding “that includes when we examine sensitive locations, and figuring out how can we, in a way that will most protect residents of New York City to the utmost extent, and how can we do so in a way that is consistent with the law, in a way that is reasoned and thoughtful in the way that we can protect those here in the city.”

Hochul said she was prepared to call a special session in Albany in July, though she didn’t spell out potential legislation, promising specifics will continued on page 7

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June 2022

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Civil Rights Gun Free Zone/ continued from page 6 be provided to leadership and the media “in the short term.”

“If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on - the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court,” Hochul said.

End to Century-Old Restrictions The “sensitive locations” issue emerged when the case was argued before the court last fall.

Several of the justices, including Amy Coney Barrett, Elena Kagan and Chief Justice John Roberts, brought up the possibility of allowing gun-free zones in particularly vulnerable areas.

The lawsuit, New York State Rifle and Pistol Association v.

Bruen, was filed on behalf of two gun owners from a rural area in upstate New York, Robert Nash and Brandon

Koch, who said their constitutional rights were violated when they were denied permits they requested to carry a handgun for “self defense.”

Nash, for one, cited a series of recent robberies in his neighborhood and said he had been trained in the use of handguns.

Most states impose little to nothing in the way of restrictions on carry permits. New York’s laws, on the books since 1911, gave local law enforcement much leeway in determining who is eligible, requiring that applicants show that they are “of good moral

character” and “have a legally recognized reason for wanting to possess or carry a firearm.”

Applicants specifically had been required to show “proper cause,” which could include providing substantive evidence that they faced a real and active threat to their safety.

In addition to New York, seven other “proper cause” states — California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island — have some form of qualification on who is eligible to carry a handgun in public,

encompassing some 83 million Americans.

Several of these states are home to major American cities, including New York City (population 8.2 million), Los Angeles (pop. 4 million), Boston (pop. 689,000) and Baltimore (pop. 602,000) . The two plaintiffs, Nash and Koch, are from Rensselaer County, population 159,000.

Gun control advocates fear the court’s new ruling will lead to more people walking crowded city streets and entering the public transit systems of those cities with loaded firearms. They note the potential for disaster with multiple permitted handguns floating around New York City’s subways, in Times Square on New Year’s Eve, or during the Boston Marathon.

All eight states with such restrictions have low rates of gun violence, according to an analysis by Everytown for Gun Safety, the gun control non-profit funded by former New York City Mayor Michael Bloomberg. p

Unionized Workers Receive Better Pay, Benefits/ continued from page 1 4.7% higher hourly wages than their non-union peers and in female dominated service industries, union workers are paid 52.1% more than nonunion workers.

“Unions are the foundation of America’s middle class,” said Congressman Don Beyer, chair of the Joint Economic Committee. “For too long, the wealthy have captured an increasing share of the economic pie. As this report makes clear, unions help address economic inequality and ensure workers actually see the benefits when the economy grows.”

Supporting workers’ right to organize is a key way to help boost wages and support quality jobs. Actions by Congress and the Biden administration will help protect the right to organize and increase the number of union jobs, ultimately creating significant economic benefits for workers and the broader economy. p

This story was published onJune 23, 2022 by THE CITY.

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Read the full report at

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June 2022

8

Workers’ Concerns

Vision Zero: DOT Announces Plan for Older Adult Pedestrian Safety

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EW YORK: NYC Department of Transportation (DOT) Commissioner Ydanis Rodriguez on June 14, announced that the NYC Department of Transportation has released the Pedestrian Safety and Older New Yorkers Study, as well as a series of initiatives that are part of a larger investment to improve overall pedestrian safety at intersections.

The study analyzes key factors contributing to crashes amongst older New Yorkers and put forth commitments to Vision Zero treatments like turn calming, which lower senior pedestrian deaths and serious injuries by up to 60%.

The report also identified new Senior Pedestrian Zones to guide future engineering, enforcement and education.

DOT will install turn calming treatments at 50 intersections

DOT Commissioner, other officials and community members .Photo:.PPP/IQINC

annually and drastically expand pedestrian head-starts (known as Leading Pedestrian Intervals — or LPIs) installations by 2024 within those same zones, along with a host of other commitments to keep older pedestrians safe.

“We recently convinced Albany to allow us to operate our speed cameras 24/7, but we have even more work to do,” said Mayor Eric Adams.

“Because the lives of the oldest New Yorkers are so precious, we are going to also work around the clock to protect

them — being relentless in our pursuit of street safety —including safer designs.”

“Crashes do not necessarily occur more often to older pedestrians, but we have found that when they do happen, the crashes are far deadlier,” said DOT Commissioner Ydanis Rodriguez. “That is why we must make the areas around senior centers even safer, building safer streets that are inclusive to all New Yorkers -- but especially those who are most vulnerable.

Data is always at the forefront

of our work, and this study allows us to make targeted investments that will save the lives of seniors citywide.”

“As an age-inclusive city that is committed to providing community care for older New Yorkers, protecting our older adults from traffic injuries and traffic deaths is imperative. I would like to thank the Department of Transportation’s leadership for highlighting this important issue and for the target goals outlined in the study that will help improve pedestrian safety,” said Department for the Aging Commissioner Lorraine Cortés-Vázquez.

Senior Pedestrian Zones identified in the study will guide future engineering, enforcement and education.

They cover the locations of approximately 30% of citywide older adult fatalities and severe injuries but only 13% of

the city’s square mileage.

DOT’s data driven commitments include: •Extending LPI crossing times during mid-day in Senior Pedestrian Zones and at new LPI locations by the end of 2024 •Adding LPIs at all feasible intersections on Priority Corridors in Senior Pedestrian Zones by the end of 2024 •Creating Senior Turn Calming initiative and installing treatments at 50 Older Adult targeted intersections annually •Implementing ten or more Senior Street Improvement Projects annually •Targeting Raised Crosswalks to older pedestrians and safety improvements near and at bus stop locations •Targeting safety improvements to bus stop locations under elevated trains •Targeting Older Adult Education and Outreach to Senior Pedestrian Zones p

Speeding ruins lives.

Slow down.

Building a Safer City

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June 2022

9

Family: The True Modern Relationship

How to Raise Kind and Caring Children

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t some point, many parents will likely find themselves encouraging their children to “be kind” or “be friendly.” While they lead with the best of intentions, nearly all parents will worry about whether their child is kind to others when adults are not around.

“We often encourage children to be friends with everyone, but that’s unrealistic,” said Carter Peters from KinderCare’s Inclusion Services team. “We don’t have to be friends with everyone, but we do need to be friendly with everyone. When children learn to respect everyone, even those they don’t like, they help create a kinder, more welcoming community.”

While children are generally kind, it’s possible they might internalize societal messages that equate kindness with weakness. With a little help,

children can develop a sense of empathy, which can help them have positive interactions with others whether they’re on the playground, in the classroom or at home.

Consider these three ways parents can encourage empathy: 1. Try a new twist on “what did you do today?”

Find a consistent time during the day – at pick up, during dinner or before bedtime – to ask your child, “How did you help someone today?” or “How were you kind to someone today?” Be sure to offer

your own examples from your day, too. This helps your child understand the connection between his or her actions and kindness to others. It also opens the conversation for you and your child to discuss missed opportunities to show kindness, how you could both do better next time and how you and your child could show kindness in the future.

2. Intentionally call out acts of kindness.

Go beyond a simple “thank you” and be specific about why the action was kind: “That was so kind of you to

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clear the table after dinner.

Your help made cleanup go faster. I appreciate that.” Don’t forget to use this same technique with other family members, too. Ask your child what compliments he or she likes to hear and encourage him or her to do the same for others. This teaches empathy and encourages children to treat others the way they want to be treated.

3. Build a toolbox of responses for tough situations.

First, help your child build emotional literacy skills by helping him or her learn to identify and name feelings.

Then work together to identify appropriate expressions of those feelings.

“Children need to learn they can express big emotions, like frustration or anger, without taking those feelings out on others,” Peters said.p (FamilyFeatures)

Call Equity Smart Realty at 888-670-6791 for a FREE consultation.

June 2022

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10

In the News

delegates meet every four years to chart the course for the labor movement’s future. Representatives from the federation’s unions come together to debate and vote on resolutions, attend educational sessions, mobilize for action, and elect federation leadership. Individual segments highlighted worker stories and organizing efforts, inspiring collaborations and game-changing initiatives. Attendees this year were also honored to be joined by President Joe Biden, Labor Secretary Marty Walsh, and Georgia Gubernatorial Nominee Stacey Abrams.

Officers and staff of the NYC CLC attended the Convention, and CLC President Vincent Alvarez spoke onstage in support of one of two new resolutions aimed at strengthening state, area, and local central bodies, both of which passed with unanimous support. p

CWA, Microsoft Announce Groundbreaking Labor Neutrality Agreement

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he Communications Workers of America (CWA) and Microsoft announced they have entered into a ground-breaking labor neutrality agreement, the first of its kind in the technology industry. The agreement will apply at video game company Activision Blizzard beginning 60 days after Microsoft’s acquisition of Activision closes.

Quality Assurance workers at Activision’s Raven Software video game studio had already

won an election to be represented by the CWA last month. The company has almost 7,000 employees in the United States, most of whom will be eligible to unionize under the new agreement.

“This agreement provides a pathway for Activision Blizzard workers to exercise their democratic rights to organize and collectively bargain after the close of the Microsoft acquisition and establishes a high road framework for employers in the games industry,” said CWA President Chris Shelton. “Microsoft’s binding commitments will give employees a seat at the table and ensure that the acquisition of Activision Blizzard benefits the company's workers and the broader video game labor market.” p

Celebrating 50 Years of Title IX

I

t was 50 years ago on Thursday, June 23, that Title IX of the Education Amendments of 1972 was passed into law. That act changed the trajectory of women's athletics and will continue to shape the future of them.

The 37 words of Title IX prohibit discrimination on the basis of sex in federally funded education programs and activ-

ities. It took years after the passage of the law for it to begin to take hold, but it eventually led to the rise of collegiate

women's athletic programs and professional leagues. But while there has been great progress, there is also a long way to go. Sign the pledge to fight until the full promise of Title IX is real. Your signature means that you value fairness and equity for everyone. p

M

embers of Steamfitters Local 638, Sheet Metal Workers Local 28, Laborers Local 79, IBEW Local 3, Plumbers Local 1 and supporters are calling on legendary actor and native son of New York, Robert De Niro to ensure that the men and women working on the outside of the new $600 million-dollar, state-ofthe-art studio being built by his studio production company, Wildflower LTD in Astoria are afforded the same union protections and benefits as entertainment professionals who will one day work inside. This project has been lauded by De Niro and developers for the thousands of union jobs it will provide to actors, stagehands,

Photo courtesy NYC Central Labor Council

technicians, and others in the entertainment industry. But most of the workers actually building Wildflower Studio have no union protections, no access to fair wages, no healthcare or pensions, and none of the safety and professional standards that Building Trades workers bring to a construction project.

Members and supporters rallied to ask De Niro to bring union quality work into the very foundation of the project, and build a studio Queens can be proud of.p

Union Musicians Perform at Broadway Juneteenth Celebration Photo courtesy NYC Central Labor Council

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t the 29th AFL-CIO Constitutional Convention Convention in Philadelphia, delegates elected Liz Shuler to serve as President of the federation of 57 unions and 12.5 million members.

Shuler is the first woman to hold the office in the history of the labor federation. Delegates also elected Fred Redmond to serve as Secretary-Treasurer, the first African American to hold the office. Shuler delivered a call to action to organize, innovate and reshape the labor movement to meet the moment that the country is in as it continues to emerge from the COVID-19 pandemic.

Shuler also announced the AFL-CIO’s moonshot to organize and activate 1 million workers throughout all 50 states to participate in the electoral process.

The Convention is the most important democratic event the federation hosts, where

NYC Building Trades Members Call on Robert De Niro to Build Wildflower Studio with Union Workers

Photo courtesy NYC Central Labor Council

AFL-CIO Holds Constitutional Convention, Elects Liz Shuler and Fred Redmond as Leadership Team

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embers of the American Federation of Musicians Local 802 covered under a union contract performed in Duffy Square on Sunday at Broadway Celebrates Juneteenth, a free 90-minute concert cen-

tered around Black joy and unity and featuring Black performers and allies, performing their own works of art, with their song, dance, and poetry accompanied by live music. p

www.workersworldtoday.com

June 2022

11

Be Equity Smart

Do You Need an Agent? The Answer Is Yes!

Tristian Phillip

I

Wayne Jordan

f you’ve bought or sold a house before, it may be tempting to decide to go through the process without the help of a real estate agent and their fee. Know what you’re getting into before taking on this responsibility.

For both buyers and sellers, an agent is an important ally who can handle the paperwork and negotiating, which can get tricky, and make the process much less stressful for you.

Here’s what to know when you’re considering an agent:

Sellers Time Magazine reported that 90 percent of home sellers use a real estate agent. The agent understands the market and the appraisal process and can provide expert advice on how to move a home more quickly, how to market it effectively and more. Knowing market trends, they often are better able to negotiate the details of the contract. Your agent handles all of the walk-throughs and open houses as well, making them particularly helpful for sellers with inflexible work

schedules.

If you’re not sure about your agent or having an agent at all, consider signing a short-term contract, so you can reevaluate how well the relationship is working.

Buyers An agent can help you find a lender, a title company and an assessor and answer questions about the types of loans available, different down payment assistance programs in your area, how much you can afford based on your budget and the

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn

benefits and drawbacks of different neighborhoods, although many aren’t allowed to directly tell you yes or no about a neighborhood.

Agents also know what to look for when you’re walking through the house.

You may not notice a slight hump in the floor, but an experienced agent will and knows to ask the owner what caused it. They know possible issues to look for and questions to ask depending on the neighborhood (traffic patterns, persist-

ent noises, if a family of raccoons lives nearby, and what electricity usage is like).

Your agent works for you, so do your homework and find one you’re comfortable with.

You can ask for recommendations and check online reviews.

The buyer’s agent is paid through the sale of the home, not out of your pocket.

We are happy to help and share our insight and experience to help you with the real estate investing process.

Schedule an appointment today. Call 888-670-6791. p

www.workersworldtoday.com

June 2022

12

Union In Action

CIR/SEIU Calls for Inclusion of Resident Physicians in the NYState Bonuses for Healthcare Workers

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he FY 2023 New York State budget included up to $3000 bonuses for frontline healthcare workers to acknowledge their efforts and the need to incentivize healthcare workers to enter and stay in healthcare. However, resident physicians were not included despite being on the Covid frontlines since the beginning and very much in need of support and relief. For months, thousands of resident physicians and their supporters have been calling on Governor Hochul and the Budget Office to utilize the provisions in the budget legislation to expand eligibility and include resident physicians with no response. And on Thursday they had a day of action in which members and supporters joined together on social

AFM Local 802 Celebrates Restoration of Salaries to Pre-COVID Levels

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media to demand that residents not be excluded from the NY healthcare bonuses.

Resident physicians have made incredible sacrifices on the Covid frontlines just as all other healthcare workers have. They’re often working 80+ hours a week and essen-

tially making less than minimum wage with an average of $250k in medical school debt.

So why are they being excluded from much needed support? Follow and support CIR/SEIU's fight for fairness using the hashtag #NYincluderesidents.p

usicians of the New York Philharmonic, who are members of AFM Local 802, celebrated the recent news that their salaries and seniority and overscale payments will be restored to their pre-pandemic levels.

When the pandemic shuttered venues in 2020, NY Philharmonic musicians and management agreed to significant reductions in pay in order to allow the organization to withstand an unprecedented 18month period of concert cancellations. Now the minimum base salary will return to 100 percent of the 2019-20 season scale.

Local 802 President Tino Gagliardi said, "I'm thrilled that the New York Philharmonic has honored its obliga-

tion to restore full compensation to the orchestra. The pandemic forced musicians to make extremely painful sacrifices, yet we never lost hope that live music would return.

Now that our city is reopened and audiences have come back, we applaud the New York Philharmonic for supporting its musicians, who are the reason that New York City is the cultural capital of the world."

“This is a momentous day for the New York Philharmonic.

Not only will the musicians be made whole from the cuts of the last two years, but we can also look to the future with confident enthusiasm," said Associate Principal Trombone Colin Williams, who serves as chair of Orchestra Committee.p

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June 2022

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Old & New Immigrants: Their Rights America’s Economic Success/ continued from page 1

The history of immigrant entrepreneurship stretches back to the country’s founding. Famously, the designer of the American financial system was an immigrant, Alexander Hamilton, a native of Nevis in the British West Indies. Some of the United States’ largest companies today were founded by immigrants or the children of immigrants, including Amazon, Apple, and Costco. Even though immigrants constitute only 13.6% of the U.S. population, its estimated that a quarter (25%) of America’s entrepreneurs are immigrants.

Immigrant representation is again significant in this year’s New American Fortune 500 list.

Over one in five fortune 500 companies (102) were founded by immigrants. When one includes the additional 117 companies founded by the children of immigrants, the share of the Fortune 500 list grows to nearly 44%. This is also an increase from our first

report on the New American Fortune 500, which found that 40% of the Fortune 500 in 2011 were founded by immigrants or the children of immigrants.

In our yearly report on the New American Fortune 500 companies—immigrant and children of immigrant founders from the Fortune 500 list—we made other key findings.

Fortune 500 companies founded by immigrants or children of immigrants employ more than 14.8 million people worldwide.

The number of workers employed at New American Fortune companies is a little larger

than the state population of Pennsylvania—the fifth largest state in the country. On average, each New American Fortune company employs 67,580 workers per company, 21.4% more than the average number of workers at non-New American Fortune 500 firms.

The revenue generated by Fortune 500 companies founded by immigrants or their children is greater than the GDP of every country in the world outside the U.S., except China.

New American Fortune 500 companies brought in more than $7 trillion (about $22,000

per person in the U.S.) of revenue in fiscal year 2021. That figure is greater than the GDP of many developed countries including Japan, Germany, and the United Kingdom.

Immigrant-founded Fortune 500 companies drive a wide range of industry sectors across the American economy.

New American Fortune 500 companies are not confined to a small subset of industries or fields. Over 68 industries are represented in the New American Fortune 500 list, including pharmaceuticals, food manufacturers, and human resources.

35 states are headquarters to at least one New American Fortune 500 firm, and seven of those states have at least 10 firms.

When we compare companies at the state level, New American Fortune 500 firms are significant players in some states’ economies. New York had the highest number of New American Fortune 500 firms at 31.

California had the second highest number of firms at 25.

Illinois and Texas followed at 23 companies and 21 companies, respectively.

In the post-pandemic global economy, the United States is faced with several new challenges. One is figuring out how to attract and welcome the next generation of entrepreneurs and innovators, especially as competing countries have become more pro-active in attracting the world’s best and brightest. While the United States has long been the premier destination for this kind of global talent, it has become increasingly clear that we need smarter immigration policies to attract and retain international talent. p

www.workersworldtoday.com

June 2022

14

Jobs & Recession

What Services Can a Paralegal Provide?

BY THE CHAMBER COALITION

T

he legal profession includes many individuals who are not actually lawyers. This, however, doesn't mean that they cannot do any legal work. There are plenty of services that can be provided by a paralegal, and these services can make all the difference in your case.

Paralegals can perform substantive legal work that has been delegated to them by a lawyer. They often have a mix of work experience, education, and professional training that qualifies them for this job.

Below are some of the services that you can request from a paralegal.

Preparation of Documents Have you ever wondered how a lawyer is able to show up to different court cases on the same day and still have all the documents they need? This is usually because they have a team of paralegals to whom they delegate this work. Indi-

viduals in this profession are very good at preparing legal documents. From briefs and contracts to agreements, paralegals have the knowledge and experience to get these documents ready in a short amount of time.

Providing Legal Information to a General Audience Paralegals can't offer legal advice to someone. However, they can provide legal information to a general audience.

There are many individuals around the country who are unaware of their legal rights in various situations. Employees, tenants, and other parties might be forced to endure certain conditions simply because they are unaware that the law is on their side.

A paralegal can be brought in to provide some legal information to such an audience so they are more aware of where the law stands when it comes to certain issues or how they can go about getting legal aid if they need it.

ing. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.

Explaining Procedural Issues of Law Many people who have never been to court before will be surprised at how certain things are handled. You could spend a day getting ready to argue your case only for proceedings to be postponed. One reason for this is court procedures. There are many procedures that courts are required to follow and paralegals can explain these to you.

Orientation is Monday, July 18, 2022

Join us via Zoom at 6pm

Representing Parties in Administrative Law Hearings An administrative agency can allow a paralegal to represent you at an administrative hearing. However, if the case is appealed to a court, you'll have to find a lawyer to represent you.

Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is ris-

Ready to Take the Leap?

A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.p

www.workersworldtoday.com

June 2022

16

Conversations

‘A Revolutionary Ruling – and Not Just for Abortion’: A Supreme Court Scholar Explains the Impact of Dobbs

BY MORGAN MARIETTA THE CONVERSATION

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he Supreme Court’s decision to reverse 50 years of constitutional protection for the right to get an abortion is more than 200 pages long. Morgan Marietta, a political scientist at the University of Massachusetts, Lowell, and editor of the annual SCOTUS series at Palgrave Macmillan, studies the ideas and ideology of the court. We asked him to illuminate the thinking that lies behind the momentous decision.

What does this ruling mean?

This is a revolutionary ruling.

Not just for abortion, but for the ongoing debates over the nature of rights under the Constitution.

The ruling signals a massive change in how we read the Constitution, from a living reading to an original reading.

The court has firmly rejected the theory of the living Constitution, which argues that the meaning of the document’s language changes as the beliefs and values of Americans change.

The living view, which prevailed at the Supreme Court during the second half of the 20th century, means that additional rights can emerge over time, including abortion, privacy and same-sex marriage.

The living Constitution is updated through the judgment of the justices of the Supreme Court, who determine when public values have changed, and hence new rights have emerged.

Originalism, which is the approach taken by the justices who overruled Roe, rejects the living Constitution. In the originalist view, the Constitution is static until officially altered by amendment. It does not evolve on its own without public approval. The role of the justices is to determine the original public meaning of the text, but to leave other decisions to democratic representation through elections.

Regarding abortion, the conclusion of Dobbs is clear: “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated

that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

“Arrogated” is an unusual word; it means to take without justification, implying that it is done in an arrogant way. That is the core argument of Dobbs: Roe was the court being arrogant, taking power the justices didn’t have, which rightly belongs with “the people,” a Revolutionary-era term in a revolutionary ruling.

Why is there now no right to abortion, when Roe recognized it?

The new originalism of the court’s majority argues that if a right is present in the text and original public meaning of the Constitution, including the Bill of Rights and any other amendments, then the decision is beyond the reach of majority rule. But rights must be clear and established in order to wield that sort of influence.

The explicit rights clearly described and enumerated in the Bill of Rights — freedom of religion, freedom of speech, freedom to bear arms and others — are rising in influence, specifically because they have been approved and ratified by the people.

But the other evolved or implicit rights that have been recognized by the court over time – abortion and gay marriage, among others – are simply not constitutional rights in the view of the new majority. Enumerated rights – the ones specifically spelled out in the Bill of Rights – will be accorded stronger protections, while the recently recognized rights of the living Constitution will not be protected.

Under Roe, the majority saw abortion as within the category of rights. Hence it received constitutional protection. But under the new abortion decision, it should be governed by majority rule, the kind of question that is to be determined by the citizens of each state through their legislatures.

Even the originalist justices, however, recognize that there are some unenumerated rights which, though not spelled out in the Constitution, should be given constitutional protec-

tion. The Ninth Amendment explicitly argues for their existence: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

So how do we know what those rights are? The court has settled on something known as the Glucksberg standard from 1997: Americans hold those additional rights that are “deeply rooted in the Nation’s history and tradition.”

In other words, if during the early phase of American history – roughly the 100-year period between the founding and the 14th Amendment, the 1770s to the 1870s – Americans publicly asserted the existence of a right, then it exists. But if they did not, then it does not exist. Under the Glucksberg standard, there has to be clear historical evidence from public debates, political speeches or judicial rulings that the right was asserted and recognized.

In Justice Samuel Alito’s majority opinion in Dobbs, he provides a review of the history of abortion: “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions. On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973,” Alito writes.

In the future, the court may rely on its own reading of history to determine which rights exist under the Constitution.

But if the record is uncertain, the justices are far more likely to allow states to decide for themselves, rather than “usurp the power to address a question of profound moral and social importance that the Constitution unequivocally leaves to the people,” wrote Alito.

Is a fetus now a person?

Each state will decide.

The abortion debate has two core questions: Is there a right to abortion? And is a fetus a person?

Even if a right exists, this does not justify the killing of a person – who is another holder of rights. In Roe, the court decided for the nation what the

boundaries of fetal personhood were in the early stages of pregnancy: A fetus could not be considered a person before viability at approximately six months, but states could decide during the last trimester. In Dobbs, the court changes course and allows each individual state to make its own determination.

Whether the court should decide disputed realities is a deeply divisive question.

There was a fascinating case called Kahler v. Kansas decided in 2020, which addressed the specific question of who gets to decide disputed social facts. In that case it was the boundaries of insanity: Could Kansas define mental illness and hence the insanity defense differently than other states?

Does there have to be one definition throughout the nation about such matters as what counts as legally insane, or can we have variation?

In a decision written by Justice Elena Kagan, the court ruled that when realities are uncertain, individual state legislatures could decide for themselves. The same now applies to the personhood of a fetus. The power of individual states to decide social realities within their borders is the future of many constitutional disputes.

As Alito writes: “In some states, voters may believe that the abortion right should be even more extensive that the right that Roe and Casey recognized. Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an ‘unborn human being.’”

What effect will the ruling have on other issues?

In overturning Roe, the majority’s opinion offers a new and weaker standard for overturning the past rulings of the court. Simply put, precedents will be easier to overturn in the future.

For 30 years, the Casey ruling, which upheld the core of Roe in 1992, has been considered the “precedent on precedent.” It established four considerations for the legitimate discarding of a previous decision: the ruling misunderstood the Constitution; it

proved to be unworkable in practice; new facts have emerged; and it accounts for what are known as “reliance interests,” where citizens had been guided by a ruling in making decisions about their lives.

Dobbs reverses Roe by rewriting the law of precedent. This will open up many other cases for reversal.

The most significant change is what Alito calls “the quality of reasoning.” Rulings that “looked like legislation,” offered faulty history or created standards unjustified by the Constitution can be overruled under the Dobbs standard.

The ruling includes a footnote describing all of the recent cases in which the court has overturned precedents. It may be the longest footnote in contemporary Supreme Court history, coming in at over a page and a half. The conclusion is that the meaning of the Constitution is more important than the history of the court, so precedent “does not compel unending adherence to Roe’s abuse of judicial authority,” Alito wrote.

Contrary to much speculation and worry, the Dobbs ruling and the new majority will not overturn protections of interracial marriage, especially the landmark ruling in Loving v.

Virginia. That ruling hinges on the equal protection clause of the 14th Amendment, which is also enshrined in the text and is clearly protected under an original reading.

But other nonenumerated, evolved or created rights that are not textually protected are now up for question. This includes the right of same-sex marriage recognized by Obergefell v. Hodges in 2015.

Questions of rights not explicitly protected by the Constitution – and therefore now in the hands of state legislatures – will rely much more heavily in the future on local democracy.

Social movements, campaigns and elections, all at the state level, will become the main battleground of American rights.p

Morgan Marietta is an Associate Professor of Political Science, UMass Lowell

www.willsandestates.nyc

June 2022

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SPONSORED INSERT: Estate Planning

Law Firm of Figeroux & Associates

INSIDE: •Getting

Your Documents in Order

•Do

You Need Extra Insurance?

•The

Importance of a Living Trust

•Updating

•Estate

Your Will

Planning for LGBQTIA+ Community

•Planning

for Disabled Children •Choosing

An Estate Attorney

•Taking

Inventory

June 2022

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SPONSORED INSERT: Estate Planning

Getting Your Documents In Order Do You

B

Need Extra Insurance?

Last Will and Testament Wills are the most well-known of these documents, providing an official road map for where your belongings will go. Beyond describing who will receive your assets, the last will and testament also designates a manager to settle your estate and a legal guardian for any minor children. Otherwise, a court will make these appointments.

ftentimes, we think of every detail in advance of our unfortunate demise ... except paying for the final ceremony. You may assume that a life-insurance policy covers the cost of a funeral, but that’s not always the case — and these expenses can quickly add up. In November 2021, the National Funeral Directors Association estimated that median costs had increased almost 7% over the past five years to $7,848.

The price of cremation was going up faster still, at an increase of more than 11% to $6,970 over the same timeframe. Funeral insurance might provide your family with the peace of mind needed during an alreadystressful moment.

uilding an estate plan requires a clearly marked paper trail so that your wishes can be followed. Organizing everything beforehand ensures that these end-of-life allocations are doled out in a timely and fair manner. Here’s what you’ll need:

Power of Attorney Unfortunately, our deaths are sometimes preceded by lengthy illnesses. A durable power of attorney ensures that your estate is cared for, even if you are incapacitated late in life. Your designee will make sure bills are paid, manage investments and attend to other daily responsibilities so that these things don’t become an issue in death. You can set up an immediate power of attorney, if you are have pending surgery or are facing worsen-

O

ing health issues. A so-called “springing” power of attorney doesn’t become active until you are unable to handle your own affairs — but it isn’t available in all states.

Letter of Instruction This is not legally required, or in any way binding, but it might be a good idea. A letter of instruction provides larger context for your wishes, while also directing the executor and your remaining family to important paperwork and other belongings. For instance, you might outline where your safe-deposit box is located, along with the key and a list of all contents. Some choose to discuss preferences for funeral and burial, and the names of anyone else who should be notified.

Feel free to prepare this letter yourself, while an attorney should handle other necessary estate-planning documents.

Why It’s Important Legal documents provide a platform for your decisions to be heard. You won’t be around to protect your belongings, or justify your personal choices. This paperwork becomes your voice, while easing the responsibilities — and perhaps even the pain — for those left behind. Complex determinations about distribution of possessions and final issues with your finances will be fixed and approved, allowing everyone else to move on with grieving.p

Burial Insurance An unexpected funeral expense might arrive with other unresolved personal debts, added yet another burden for grieving loved ones. Burial insurance can alleviate that worry. This works like a life insurance policy, but with a smaller benefit — generally ranging continued on page 3

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SPONSORED INSERT: Estate Planning

Importance of a Living Trust

Do You Need Extra Insurance?/ continued from page 2

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ost know how critical it is to create a last will and testament when estate pre-planning. Despite its name, however, a will isn’t the final document you need to ensure a smooth transferal of your earthly possessions to the next generation. Here’s a look at how a living trust smooths the way for the proper execution of your will.

How Trusts Work Without a living trust, you risk sending your surviving family members through a drawn-out legal proceeding known as probate. These hearings first determine whether a will is valid.

They then turn their attention to locating and valuing a decedent’s assets.

Any outstanding bills and tax debts are paid. Finally, probate hearings make a determination on distributing whatever remains to those who are named in your will. Living trusts streamline the process, proving for a designated family member or friend to manage your property. They can then quickly resolve these end-of-life issues.

Appointing Someone The very first requirement is finding an executor who you completely trust

to handle this important process in your absence. Your executor should also be someone who is mature enough to deal with a very difficult assignment. If you can’t find the right person — or if the intention is to leave out all direct beneficiaries — then you can name a representative from your bank or trust company to handle things.

Setting Them Up A person who you appoint handles everything that the court would slowly work its way through, transferring ownership to your intended beneficiaries and following any other instructions. Seek out the advice of an attorney who specializes in living trusts and wills, so that you can be assured that everything in these documents is legally binding. What if you change you mind? Living trusts are

revocable, as long as you’re deemed mentally competent.

Potential Problems There is one notable downside. Living trusts are typically far more costly to set up than the average straight-forward will. In the long run, however, that additional cost will be worth it in your absence since your family won’t have to deal with probate. Be aware that some banks and mortgage companies require that any real estate be removed from the trust before refinancing. A pre-planning professional can walk you through the process.

Also, be sure to name yourself and spouse as trustees in your living will, so you’ll remain in control of all assets before your death. your finances will be fixed and approved, allowing everyone else to move on with grieving.p

from about $10,000 to $25,000. Under most state laws, these policies must be secured through an insurance company agent or broker, according to the Insurance Information Institute.

The benefit is immediately paid to your designated survivor and can be dispersed as they wish. That includes final arrangements, of course, but also the decedent’s bills like medical or credit-card debts, mortgages, and personal loans. Shop around, however, because rates can be different based on age, health conditions and other coverage.

Pre-Need Policies Even standard life insurance policies with a death benefit require that survivors take over planning the funeral.

Pre-need policies ensure that all those details are handled in advance. The difference between these policies and burial insurance relates to the beneficontinued on page 4

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SPONSORED INSERT: Estate Planning

Updating Your Will

Do You Need Extra Insurance?/ continued from page 3

W

ills are designed to be ironclad documents that set forth how you want assets dispersed to loved ones.

They take the guesswork — or, in some sad cases, the arguments — out of a critical moment in this very emotional process. But they’re not ironclad at all.

In fact, there are several instances in which you should go back and update this document so that it doesn’t end up creating the very end-of-life problems you’re trying to avoid.

Marital Status If you get married after executing a will, you’ll need to add your new spouse as a beneficiary. Most states allow a spouse to receive their portion of an estate, even if a will is not in place. But securing that benefit can be a lengthy and difficult process. Obviously, your will might also be changed if you get a divorce, since your spouse would typically no longer be a beneficiary. Spouses are also generally named as guardians for minor children and estate executors in wills, so those designations may also need to be updated when a marriage ends.

Tax Laws Work directly with a professional estate planner when crafting this document,

since they will have the most up-to-date information on your will’s tax implications. But be aware that these laws change, and sometimes your final document has to be updated in order to remain in the appropriate legal standing.

A legal representative should make periodic reviews of your will, with an eye toward updating things like estate-tax issues.

If you’re only adding a small change after the will has been competed, you may choose to make what’s called a codicil — basically a legal “P.S.” to your will. An extra page is written, signed and witnessed, just as your original will was, then attached. After death, both documents are to be read and followed.

More important chances should involve an entirely new will.

Financial Situation If you endure an economic downturn, it may be necessary to pay out less to your beneficiaries to make sure that the estate’s other obligations are still met in your absence. On the other hand, if you experience a notable financial uptick, you may want to increase the benefit for those you leave behind — or maybe even add a new beneficiary.

Adding a ‘P.S.’

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

and burial insurance relates to the beneficiary. With the pre-need option, foreseen costs including the ceremony, burial or cremation are again paid — but directly to your selected provider, rather than to a designated family member or friend. When deciding, look for policies that feature locked-in pricing, so your service costs will be fixed. Make sure the policy is transferable in the event you move or die elsewhere.

A Frank Discussion Whatever you choose, it’s important to have a frank discussion about your wishes in advance.

Talking about death is never easy, but the more your survivors understand your particular approach to funeral services, the easier it will be when the time comes. p

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June 2022

5

SPONSORED INSERT: Estate Planning

June is Pride Month! Estate Planning for the LGBTQIA+ Community

BY LINDA NWOKE

E

veryone needs proper estate planning, especially if you want to protect your assets and loved ones in the event of an illness or accident. For communities of people described according to their sexuality, physiological sex characteristics, and gender as lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual, non-binary, and pansexual (LGBTQIA+), it is a critical document to have in place.

Studies indicate that non-heterosexual people encounter almost twice as much violence or abuse, such as mental, sexual, physical, or emotional, than their heterosexual counterparts.

Such discrimination and prejudice cause an additional layer of risk in addition to the social, biological, psychological, and environmental factors that often lead to anxiety, depression, and suicide in some instances.

Both real-life and research experiences have found that LGBTIQA+ people often have an increased risk of anxiety and depression, suicidal thoughts, self-harming, and engage in substance abuse Nevertheless, regardless of any individual's orientation, estate planning remains vital because of the numerous advantages of its power to reduce the probate process and its delays, expenses, and loss of privacy in some instances. An additional benefit includes the incorporation of business succession and charitable giving into an estate plan.

However, most life and estate planning issues fall within matters of state law. The state has rules that specify what happens to the individual, loved ones, and assets during their lifetime, incapacitation, and after death. Hence preparing a plan will ensure the execution of the person's wishes by people they trust.

However, for the LGBTQIA+ community, having their estate planned legally protects the individual against discrimination even when others are reluctant to recognize their preferences and relationships. For married couples and families, beyond permitting partners the right to make decisions, especially in a case of need for care of their loved ones if incapacitated, it also creates the mechanisms that financially provide for the partner

in the situation.

Impact of U.S Supreme Court Legalization of Same-Sex Marriages In 2015, the U.S. Supreme Court, in the case between Obergefell v. Hodges, ruled and legalized same-sex marriages. The legislation stated that a valid same-sex marriage in one state must be recognized in all states.

Hence, creating opportunities for married lesbian and gay couples to benefit from the once-out-of-reach estate planning strategies. The historic legislation made same-sex marriage a fundamental constitutional right. It provided the union an opportunity to protect its interests in case of any eventuality.

The Supreme Court's decision to recognize same-sex marriages opened many previously unavailable tax savings and legal tools only available to "traditional" legally recognized marriages.

Married same-sex couples with proper estate planning documentation will receive all eligible state and federal benefits of marriage. Some federal benefits include an unlimited marital deduction for federal estate and gift taxes.

The federal government does not recognize non-marriage alternatives such as adults in civil unions and domestic partnerships. Thus, they will not receive these privileges.

Rather, such couples will likely receive partnership-based decisionmaking benefits and privileges, which require a different type of planning.

This partnership is characterized, thus creating a possibility of the legal framework to protect the partners within the union.

Furthermore, unmarried same-sex couples who cannot receive maritalbased tax benefits can use other legal

mechanisms. They will ensure that partners within the relationship receive the legal right to inherit each other's assets.

In addition, they will also be able to make health care decisions for each other. However, their legal framework differs from that of a legally married couple.

The Importance of a 'Revocable Living Trust' for the LGBTQIA+ Community Many people think of a Trust as a fixed document owned by the rich to keep their children from wasting the family fortune. Instead, it is a very flexible, powerful, and valuable Life Planning document for anyone that desires it.

In the case of many LGBTQIA+, they rarely confine themselves to traditional family structures. Thus, their families often include ex-spouses, biological children with former legal spouses, parents, stepchildren, adopted children, siblings, "in-laws," and unrelated, chosen families.

While single LGBTQIA+ individuals can have their blood family or choose to form "chosen families" of friends and strong support communities.

Thus, adopting a traditional "blood-related" family will exclude the most important people in their lives as LGBTQIA+ individuals.

The absence of a Trust can be tragic at worst for such a person, estranged from their family or relatives. The state will make decisions that ignore your partner, close family members, friends, and any cause that matters to you.

Therefore, life planning becomes essential, and the consideration of a Trust is valuable.

In an arrangement such as living together or marriage, a revocable living

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trust authorizes the couple to appoint each other as trustees. It allows them to control their loved one's financial affairs if any becomes incapacitated.

Another instrument for managing the affairs of a loved one is a durable financial power of attorney. However, the rules and requirements vary from state to state, making it necessary for review and reconfiguration if they relocate.

In New York, a healthcare power of attorney or healthcare proxy allows couples to appoint their partner to make necessary healthcare decisions on their behalf. It is considered essential for LGBTQIA+s in marital or cohabitation living arrangements.

Cases of Advance Healthcare Directive for the LGBTQIA+ Community In addition to a health care power of attorney or trustee, a Health Insurance Portability and Accountability Act (HIPAA) privacy authorization form is essential. This federal law-backed act protects and prevents the disclosure of sensitive patient health information without the patient's consent or knowledge. The privacy authorization form permits healthcare professionals to disclose important health and medical records to a partner.

An existing and durable health care power of attorney can prevent biological family members' attempts to interfere with a partner's or spouse's ability to make medical decisions for their loved one. Therefore, the instrument can avoid interference from family.

The Importance of a 'Will' for the LGBTQIA+ Community with Minor Children A will is essential in several situations, especially where same-sex couples have children, and one of the parents is non-biological. The choice serves as a legal tool to address the guardianship of the minor children in the family. It is the only document that states children's control and identifies or names an executor. The absence of this instrument resulted in many custody battles over LGBTQIA+ parents' nonbiological children among families due to the death or incapacity of their biological parents.

Over time, several studies show that the LGBTQIA+ community often lags in having a revocable living trust or continued on page 6

June 2022

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SPONSORED INSERT: Estate Planning

Choosing An Estate Attorney

O

rganizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details.

When searching for a specialized attorney, it’s important to chat with a few different experts in your area.

Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding: How Long Have They Been Practicising Estate Planning Law? Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the everchanging laws and know how to protect your legacy.

If your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy.

You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands, is great peace of mind for both you and your loved ones.

Do They Regularly Update Plans?

To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss

new techniques, life-changing events which may impact your plans and alterations to laws.

Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-to -date when it’s needed.

How Do They Charge?

Estate planning is necessary to prepare your family before your death.

Ask about the fees the attorney charges. During the interview, find out if he or she charges a fixed rate or hourly. You don’t want to be surprised with unexpected fees. p

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The LGBTQIA+ Community/ continued from page 5

death or incapacity of their biological parents.

Over time, several studies show that the LGBTQIA+ community often lags in having a revocable living trust or will in place. This document is critical for non-married LGBTQ+ people in a committed relationship. The State law, which often takes precedence in such cases, will, by default, grant rights to biological family members without legal documents to state otherwise.

In another instance, if one of the partners is in a legal union before marriage, the partner is subject to the patchwork of previous state laws.

There is the possibility of unintended consequences for new estate planning.

Before 2015, some gay and lesbian couples who got married in states that recognized their marriage but later moved believed their marriage was non-binding in the states that did not recognize same-sex marriage. These couples may split up without legally dissolving their marriage. However, some states will automatically convert registered civil unions or domestic partnerships into legal marriages.

Consequently, there are now LGBTQIA+ people who are married and unaware that they are open to the possibility of future claims against their estate from a previous marriage.

It is pertinent that previous LGBT relationship structures must be addressed before finalizing one's estate plan.

Ensure that previous legal arrangements, civil unions, and domestic partnerships are resolved and dissolved to protect against such eventualities.

Ultimately, specific issues unique to the LGBTQIA+ community make planning more complex. This article is a summary to encourage LGBTQIA+ communities to consider estate planning's contribution to creating a Life Plan that brings clarity, authority, ease, and peace of mind to daily affairs.

Legal Help If you have questions regarding the inheritance of your property, who can make decisions for you if you're unable to, and who you would like to care for your children should the need arise, call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-768-8845 or visit www.askthelawyer.usp

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June 2022

7

SPONSORED INSERT: Estate Planning

Planning for a Disabled Child

E

state pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your specialneeds child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care.

There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate. Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship.

Depending on the child’s capability, this money-management program may be critically important since it will be the only future path to protect-

should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs. ing eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits become restricted or end all together.

Special-Needs Trust Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A special-needs trust can ensure that they are provided with needed resources and care over the course of their lifetime. Parents or guardians

Designating a Caretaker Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p

Giving New Life to Others

W

e have the option to leave behind more than our personal assets upon death. In fact, you could actually give new life to others through the donation of healthy organs or tissue. This provides an opportunity to broaden your legacy beyond your family and immediate friends, potentially impacting the health and happiness of a host of thankful strangers. Here’s how you can make a difference through organ and tissue donation. continued on page 8

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June 2022

8

SPONSORED INSERT: Estate Planning

Taking Inventory

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Now that you’ve cataloged all the belongings inside your home, itemize all non-physical assets. List all bank accounts, whether held jointly or separately, as well as 401(k) plans, life-insurance policies, IRAs, stocks and bonds, and any insurance policies. (That should include homeowners, auto and health.) A qualified financial advisor can help you define the worth of these inventoried items.

ver time, we all end up collecting things. Some are cherished heirlooms, while others are simply personal mementos.

Some items might be intended to be part of an inheritance, while others are to be donated. A will delineates where it all goes. But first, someone has to find it all. That’s why creating an inventory of your belongings is so important.

Personal Items These inventories help ensure that your will can be quickly executed. But the list also helps you formulate an idea of the estate’s overall worth.

Household staples like furniture, jewelry, televisions and other expensive items will immediately come to mind.

But it’s best to go room to room, making a detailed list of everything and its estimated worth. Most people remember to catalog the car, but don’t forget other outdoor items like power tools and lawn equipment.

An appraisal may be needed for certain collectibles; there may be a hidden treasure inside your home. You typically should only list belongings

Giving Life to Others/ continued from page 7

that are valued at more than $100, but this itemizing process can also reveal a list of more personal things that might make for a meaningful gift to loved ones.

All of those should be listed, no matter their value.

Financial Holdings

Dealing with Debt You’ve defined your assets, now it’s time to account for personal debt.

Those responsibilities don’t go away, though they occasionally can be partially forgiven. List any outstanding bills, including mortgages or car notes, credit cards and medical bills. Nonmarried family members don’t have to pay these debts with their own money, but their deceased relative’s estate may be liquidated to meet the obligations. An executor manages that process. Spouses can be held personally responsible for co-signed obligations, or if they live in community-property states. Any leftover bills after estate finances have been depleted usually go unpaid. p

Who is Eligible?

All legal citizens of the United States may donate organs at the time of their death (and, in some cases, during their respective lifetimes, as well). Certain diseases and conditions may disqualify otherwise eligible donors, including cancer, HIV or other systemic infections. At the same time, however, organs that are unaffected by these issues could still be accepted.

Talk it Over Like most end-of-life decisions, deciding to donate your organs upon death is a deeply personal choice.

Still, it’s best to have a frank discussion about it with your friends and family, so that they’ll be aware of your wishes.

How to Register The process couldn’t be any easier.

From home, visit the U.S. Health Resources and Services Administration website and fill out a simple form. If you’d prefer to go through this process in person, representatives are available at any local Department of Motor Vehicles. p

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June is Men's Health Month awareness | prevention | education | family

01

Eat Healthy. Start by taking small steps like saying no to super-sizing and yes to a healthy breakfast. Eat many different types of foods to get all the vitamins and minerals you need. Add at least one fruit and vegetable to every meal.

100%

Women are 100% more likely than men to visit the doctor for annual exams and preventive services.

1 2 in

1 in 2 men are diagnosed with cancer in their lifetime compared to 1 in 3 women.

02

Get Moving. Play with your kids or grandkids. Take the stairs instead of the elevator. Do yard work. Play a sport. Keep comfortable walking shoes handy at work and in the car.

Most importantly, choose activities that you enjoy to stay motivated.

1994

On May 31, 1994 President Clinton signed the bill establishing National Men’s Health Week.

“Recognizing and preventing men’s health problems is not just a man’s issue. Because of its impact on wives, mothers, daughters, and sisters, men’s health is truly a family issue.”

Congressman Bill Richardson (May 1994) In 2000 there were fewer than 80 men for every 100 women by the time they reach age 65 – 74.

80

03

Make Prevention a Priority.

Many health conditions can be prevented or detected early with regular checkups from your healthcare provider. Regular screenings may include blood pressure, cholesterol, glucose, prostate health and more.

Online Resources Men’s Health Month menshealthmonth.org Men’s Health Network menshealthnetwork.org Get It Checked getitchecked.com Talking About Men’s Health Blog talkingaboutmentshealth.com Women Against Prostate Cancer womenagainstprostatecancer.org

June 2022

www.workersworldtoday.com

26

Conversations

Five Tips for Discussing Diversity at Work with Those Who Seem Dismissive or Resistant

BY CIARÁN MCFADDEN THE CONVERSATION

D

iversity and inclusion initiatives are supposed to make a workplace more equal and welcoming. But not everyone agrees on quite what that looks like or whether it’s important. Indeed, some people can be dismissive or even opposed to the idea.

Let’s be clear: people from marginalised groups shouldn’t have to engage in debates about their dignity or worth, as some would have them do. But on other more general issues like inclusion or positive action initiatives, people can act resistant or dismissive if they don’t understand the concepts being used or aren’t clear on what an initiative is for. It’s what workplace psychologists term “diversity resistance”.

Having as many people as possible take part in inclusion efforts really helps to actually make progress. So at least trying to have a conversation is important. And even if that person isn’t convinced, you may be helping onlookers to understand. Here are five steps that can help you get started.

1. Drop the temperature Approaching someone about diversity can seem confronta-

tional. It’s also easy to get angry when someone appears to be threatening or belittling.

So before you don your armour and grab your sword, try to take a moment to cool down. As Lemony Snicket says, “If everyone fought fire with fire, the whole world would go up in smoke.” Instead, approach the conversation with curiosity. You can learn from this person in the same way that they can learn

from you.

There’s a limit to this of course. You should never have to put up with harassment or a hostile working environment, even if it is ostensibly framed as someone’s lack of understanding or “just playing devil’s advocate”. Some will never get on board, and you should work out when to stop engaging, if necessary. There’s also a balance to be struck between talking about inclusion and actually taking action.

2. Prepare the script Research shows that we often depend on scripts for social situations, especially those that are potentially tense, emotional or confrontational.

Think of how we use certain stock phrases at funerals, for example, to avoid saying the wrong thing.

To keep the conversation on track, and to stick to step one, it can be useful to have a script ready, before you engage. Set out your stall and the reason for the conversation. Try to avoid phrasing that makes it seem aggressive or confrontational. The words you use will be best chosen by you as befitting your style and context, but it’s worth taking the time to consider them carefully before you speak.

3. Understand their reasons Before you engage, try to work out why the other person is reacting negatively. Is it “reactance”? Psychology scholars use this term to describe the uncomfortable feelings, and subsequent negative reactions, that may arise when someone feels (correctly or incorrectly) that their free will is somehow being curbed.

Reactance has been used, for example, to explain the resistance to wearing a face-mask.

Similarly, someone might react negatively to an inclusion initiative – particularly if it is something like mandatory unconscious bias training – if they feel that they feel that they are losing autonomy.

Or is it fragility? Fragility relates to the negative reactions (anger, fear and guilt) and behaviours (arguing, deliberate silence, or exiting the conversation) one has when confronted with issues of discrimination or privilege.

Discussions and initiatives concerning racial diversity and

inclusion, for example, often trigger “white fragility”.

4. Explore why it’s important Many people don’t want to openly criticise an inclusion initiative publicly (at an allstaff meeting, for example).

They might however mutter about it among their team or close colleagues.

This could be because they think that it will be ineffective.

They may be right. We often don’t know how effective an inclusion initiative will be.

Maybe their experience of the organisation or technical insight could be useful here.

That could be one way of getting them to join the conversation, even if they don’t necessarily understand all of the background concepts or topics in depth.

It could also be that they don’t see the point or importance of the initiative. In this case, a one-to-one conversation that allows the person to openly question the concept or initiative may be useful. You might be the right person to initiate that conversation. Or, if you aren’t, think about who might be.

5. Acknowledge that you don’t know everything No one knows everything. I’ve researched equality, diversity and inclusion for over a decade and I still benefit greatly from the insights my students, co-authors and colleagues share. Inclusion is a complex and constantly evolving topic.

Acknowledging your own ignorance drops the temperature. You go from a teacher-and-student dynamic to two people trying to figure things out together. Share what you do know. Signpost to resources from those with that lived experience. And listen.

The person you’re talking with might also give you insight into what they’re thinking, their experiences, or how they arrived at their current thinking. These are all important things to know for future conversations. And the hope, really, is that you will keep talking. p Ciarán McFadden is a Lecturer in Human Resource Management and Organizational Behavior, Edinburgh Napier University.

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