McConnell's proposed ban on virus lawsuits will hurt Black and Latinx workers most

By Emily Singer -July 30, 2020 5:03 PM

Black and Latinx communities will be hit the hardest, as they make up a large portion of the essential workers in the country.

Senate Majority Leader Mitch McConnell and his close ally, Sen. John Cornyn (R-TX), introduced legislation on Monday that would broadly shield employers from liability if workers contract the coronavirus on the job, making it near impossible for those workers to sue, employment law experts say.

Such a move would also disproportionately impact workers of color — who, according to data from the Bureau of Labor Statistics, are more likely to be in essential jobs that require them to work in-person rather than remotely.

"Black, Latinx, and workers of color will be most directly impacted by the corporate immunity bill," Hugh Baran, a staff attorney at the National Employment Law Project who focuses on workers in low-wage industries, said in an interview.

ABC News reported that Black people make up 13% of the United States population, but account for 15% of essential workers in the country. Similarly, though Latinx people make up 18% of the population, they make up 21% of essential workers.

Published with permission of The American Independent Foundation.

https://americanindependent.com/mitch-mcconnell-liability-shield-coronavirus-relief-bill-black-latinx-workers-gop-senate/

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According to the text of the bill, workers may only sue an "individual or entity" who is "not making reasonable efforts ... to comply with the applicable government standards and guidance," who "engaged in gross negligence or willful misconduct that caused an actual exposure to coronavirus," and prove that "the actual exposure to coronavirus caused ... personal injury."

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Democratic lawmakers are against such sweeping immunity, arguing that workers need more protections, rather than businesses.

McConnell has claimed that "there’s no chance of the country getting back to normal without" a liability shield.

However the data doesn't back that up, as very few lawsuits related to the coronavirus have been filed by plaintiffs suing who contracted it, according to data from Hunton Andrew Kurth, a law firm tracking coronavirus-related lawsuits.