Polarized electorate, mail-in ballots could spark post-election legal ‘fight of our lives’

By Tom Hals

WILMINGTON, Del (Reuters) – U.S. Election Day on Tuesday has all the ingredients for a drawn-out court battle over its outcome: a highly polarized electorate, a record number of mail-in ballots and some Supreme Court justices who appear ready to step in if there is a closely contested presidential race.

The only missing element that would send both sides to the courthouse would be a razor-thin result in a battleground state.

“If it comes down to Pennsylvania and Florida I think we’ll be in the legal fight of our lives,” said Jessica Levinson, who teaches election law at Loyola Law School in Los Angeles.

Election disputes are not unusual but they are generally confined to local or statewide races, say election law experts.

This year, in the months leading up to the Nov. 3 showdown between Republican President Donald Trump and his Democratic challenger Joe Biden, the coronavirus pandemic fueled hundreds of legal challenges over everything from witness signatures, U.S. mail postmarks and the use of drop boxes for ballots.

“As soon as the election is over,” Trump told reporters on Sunday, “we’re going in with our lawyers.”

Two court rulings on deadlines for counting mail-in ballots have increased the likelihood of post-election court battles in the event of close outcomes in Pennsylvania and another crucial state, Minnesota, the experts said.

The 8th U.S. Circuit Court of Appeals ruled on Oct. 29 that Minnesota’s plan to extend the deadline for counting mail-in ballots was an unconstitutional maneuver by Minnesota Secretary of State Steve Simon, a Democrat.

Minnesota officials were instructed to “segregate” absentee ballots received after Nov. 3.

Simon has said officials will not appeal to the U.S. Supreme Court, but further litigation in the lower courts will determine whether those ballots will be counted.

Meanwhile, on Oct. 28, the U.S. Supreme Court let stand a ruling by Pennsylvania’s top court that allowed officials to count mail-in ballots that are postmarked by Election Day and received up to three days later.

The justices said there was not enough time to review the state court ruling. As in Minnesota, Pennsylvania officials will segregate those ballots, teeing up a potential court battle in the event of a close election.

If any post-election battles are heard by the Supreme Court, it will have a 6-3 conservative majority after Trump-appointed Amy Coney Barrett was confirmed on Oct. 26. Three of the justices were appointed by Trump.

The president said in September that he wanted his nominee confirmed because the election “will end up in the Supreme Court and I think it’s very important that we have nine justices.”

Election law specialists said the likelihood of the Supreme Court deciding the next president would require an outcome amounting to a tie in a state that would tip the election to one candidate or the other.

“Some of the president’s statements suggest he thinks the Supreme Court would simply be asked to decide who won the election,” said Adav Noti, senior director of trial litigation at Campaign Legal Center. “That’s not how election litigation works.”

Only one presidential election has been decided in the courts in the past 140 years. In 2000, Republican George W. Bush defeated Al Gore, a Democrat, who conceded after losing a decision at the U.S. Supreme Court over a recount in Florida.

Elections are governed by state laws and disputes generally play out in state courts where campaigns fight over recounts and the validity of voter registrations.

But in recent decisions, a minority of conservative Supreme Court justices appear to be setting the stage to aggressively review state courts when they are interpreting their own state’s constitutional voting protections.

On Oct. 26, the court kept in place Wisconsin’s policy requiring mail-in ballots to arrive by Election Day. Conservative Justice Brett Kavanaugh, a Trump appointee, wrote in an opinion accompanying the court’s action that “under the U.S. Constitution, the state courts do not have a blank check to rewrite state election laws for federal elections.”

Some scholars said the recent language could encourage campaigns to take an election challenge to the Supreme Court.

“It’s an invitation to challenge anything done to administer an election in a state that isn’t jot or tittle with what the legislature said to do,” Joshua Geltzer, executive director of Georgetown Law’s Institute for Constitutional Advocacy & Protection. “And that’s virtually everything.”

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Daniel Wallis)

As cold weather arrives, U.S. states see record increases in COVID-19 cases

By Lisa Shumaker

(Reuters) – Nine U.S. states have reported record increases in COVID-19 cases over the last seven days, mostly in the upper Midwest and West where chilly weather is forcing more activities indoors.

On Saturday alone, four states – Kentucky, Minnesota, Montana and Wisconsin – saw record increases in new cases and nationally nearly 49,000 new infections were reported, the highest for a Saturday in seven weeks, according to a Reuters analysis. Kansas, Nebraska, New Hampshire, South Dakota and Wyoming also set new records for cases last week.

New York is one of only 18 states where cases have not risen greatly over the past two weeks, according to a Reuters analysis. However, New York City Mayor Bill de Blasio said on Sunday he is moving to shut non-essential businesses as well as schools in nine neighborhoods, starting on Wednesday. The lockdown would require the governor’s approval.

Health experts have long warned that colder temperatures driving people inside could promote the spread of the virus. Daytime highs in the upper Midwest are now in the 50’s Fahrenheit (10 Celsius).

Montana has reported record numbers of new cases for three out of the last four days and also has a record number of COVID-19 patients in its hospitals.

Wisconsin has set records for new cases two out of the last three days and also reported record hospitalizations on Saturday. On average 22% of tests are coming back positive, one of the highest rates in the country.

Wisconsin’s Democratic governor mandated masks on Aug. 1 but Republican lawmakers are backing a lawsuit challenging the requirement.

North Dakota, South Dakota and Wisconsin have the highest new cases per capita in the country.

Wisconsin Senator Ron Johnson is one of several prominent Republicans who have tested positive for coronavirus since President Donald Trump announced he had contracted the virus.

Because of the surge in cases in the Midwest, nursing homes and assisted-living facilities operated by Aspirus in northern Wisconsin and Michigan are barring most visitors as they did earlier this year.

Bellin Health, which runs a hospital in Green Bay, Wisconsin, said last week its emergency department has been past capacity at times and doctors had to place patients in beds in the hallways.

The United States is reporting 42,600 new cases and 700 deaths on average each day, compared with 35,000 cases and 800 deaths in mid-September. Deaths are a lagging indicator and tend to rise several weeks after cases increase.

Kentucky is the first Southern state to report a record increase in cases in several weeks. Governor Andy Beshear said last week was the highest number of cases the state has seen since the pandemic started.

State health experts have not pinpointed the reason for the rise but point to fatigue with COVID-19 precautions and students returning to schools and colleges. Over the last two weeks, Kentucky has reported nearly 11,000 new cases and has seen hospitalizations of COVID-19 patients rise by 20%.

(Reporting by Lisa Shumaker in Chicago; Editing by Steve Orlofsky)

Meatpackers deny workers benefits for COVID-19 deaths, illnesses

By Tom Hals and Tom Polansek

(Reuters) – Saul Sanchez died in April, one of six workers with fatal COVID-19 infections at meatpacker JBS USA’s slaughterhouse in Greeley, Colorado, the site of one of the earliest and deadliest coronavirus outbreaks at a U.S. meatpacking plant.

Before getting sick, the 78-year-old Sanchez only left home to work on the fabrication line, where cattle carcasses are sliced into cuts of beef, and to go to his church, with its five-person congregation, said his daughter, Betty Rangel. She said no one else got infected in the family or at Bible Missionary Church, which could not be reached for comment.

JBS, the world’s largest meatpacker, denied the family’s application for workers’ compensation benefits, along with those filed by the families of two other Greeley workers who died of COVID-19, said lawyers handling the three claims. Families of the three other Greeley workers who died also sought compensation, a union representative said, but Reuters could not determine the status of their claims.

JBS has said the employees’ COVID-19 infections were not work-related in denying the claims, according to responses the company gave to employees, which were reviewed by Reuters.

As more Americans return to workplaces, the experience of JBS employees shows the difficulty of linking infections to employment and getting compensation for medical care and lost wages.

“That is the ultimate question: How can you prove it?” said Nick Fogel, an attorney specializing in workers’ compensation at the firm Burg Simpson in Colorado.

The meatpacking industry has suffered severe coronavirus outbreaks, in part because production-line workers often work side-by-side for long shifts. Companies including JBS, Tyson Foods Inc and WH Group Ltd’s Smithfield Foods closed about 20 plants this spring after outbreaks, prompting President Donald Trump in April to order the plants to stay open to ensure the nation’s meat supply. The White House declined to comment on the industry’s rejections of workers’ claims. The U.S. Department of Labor did not respond to a request for comment.

Tyson has also denied workers’ compensation claims stemming from a big outbreak in Iowa, workers’ attorneys told Reuters. Smithfield workers at a plant in Sioux Falls, South Dakota, also hit by a major outbreak, have generally not filed claims, a union official said, in part because the company has paid infected workers’ wages and medical bills.

Smithfield declined to comment on workers’ compensation. Tyson said it reviews claims on a case-by-case basis, but declined to disclose how often it rejects them. JBS acknowledged rejecting claims but declined to say how often. It called the denials consistent with the law, without elaborating.

Workers can challenge companies’ denials in an administrative process that varies by state but typically resembles a court hearing. The burden of proof, however, usually falls on the worker to prove a claim was wrongfully denied.

The full picture of how the meatpacking industry has handled COVID-related workers’ compensation remains murky because of a lack of national claims data. Reuters requested data from seven states where JBS or its affiliates have plants that had coronavirus outbreaks. Only three states provided data in any detail; all show a pattern of rejections.

In Minnesota, where JBS had a major outbreak, meatpacking employees filed 930 workers’ compensation claims involving COVID-19 as of Sept. 11, according to the Minnesota Department of Labor and Industry. None were accepted, 717 were rejected and 213 were under review. The agency did not identify the employers.

The Minnesota Department of Health said only two meatpacking plants there had significant coronavirus outbreaks: a JBS pork processing plant in Worthington, and a poultry plant in Cold Spring run by Pilgrim’s Pride Corp <PPC.O>, which is majority-owned by JBS.

Tom Atkinson, a Minnesota workers’ compensation attorney who has represented meatpacking workers, estimates up to 100 COVID-19 claims were filed by employees at the Worthington plant.

In Utah, seven JBS workers filed claims related to COVID-19 by Aug. 1 and all were denied, according to the state’s Labor Commission. At least 385 workers at a JBS beef plant in Hyrum, Utah, tested positive for COVID-19.

In Colorado, 69% of the 2,294 worker compensation claims for COVID-19 had been denied as of Sept. 12. Although the state does not break down the denials by industry, a JBS spokesman told Reuters the company is rejecting claims in Colorado and that it uses the same claim-review procedures nationwide.

JBS spokesman Cameron Bruett did not answer the question of whether JBS employees were infected on the job and declined comment on individual workers’ claims. He said the company has outsourced claim reviews to a third-party administrator.

“Given the widespread nature of viral spread, our third-party claims administrator reviews each case thoroughly and independently,” said Bruett.

The administrator, Sedgwick, did not respond to a request for comment. Bruett, also a spokesman for Pilgrim’s Pride, did not respond to questions about infections and claims at its Minnesota plant.

At the JBS plant in Greeley, where Sanchez worked before he died, at least 291 of about 6,000 workers were infected, according to state data. The company, in its written response to the family’s claim, said that his infection was “not work-related,” without spelling out its reasoning. The two sides are now litigating the matter in Colorado’s workers’ compensation system.

Under Colorado law, a workers’ compensation death benefit provides about two-thirds of the deceased worker’s salary to the surviving spouse and pays medical expenses not covered by insurance. If JBS had not denied the Sanchez family’s claim, that would have provided his widow a steady income and paid uncovered medical bills totaling about $10,000, according to his daughter.

“They don’t care,” Rangel said of JBS. “They are all about the big profits, and they are not going to give any money out.”

MASS INFECTIONS, LITTLE COMPENSATION

The United Food and Commercial Workers (UFCW) International Union, which represents 250,000 U.S. meatpacking and food-processing workers, said last week at least 122 meatpacking workers have died of COVID-19 and more than 18,000 had missed work because they were infected or potentially exposed.

The U.S. Occupational Safety and Health Administration (OSHA) said on Sept. 11 that it had cited JBS for failing to protect workers at the Greeley plant from the virus. OSHA cited Smithfield this month for failing to protect workers at its Sioux Falls, South Dakota, plant, where the agency said nearly 1,300 workers contracted the coronavirus and four died.

Smithfield and JBS said the citations had no merit because they concerned conditions in plants before OSHA issued COVID-19 guidance for the industry. OSHA said it stands by the citations.

Workers’ compensation is generally the only way to recoup medical expenses and lost wages for work-related injuries and deaths. The system protects employers from lawsuits, with few exceptions, and allows workers to collect benefits without having to prove fault or negligence. But the system was designed for factory accidents, not airborne illnesses.

In response to the coronavirus, governors and lawmakers in at least 14 states have made it easier for some employees to collect workers compensation for COVID-19 by putting the burden on companies and insurers to prove an infection did not occur at work. But most of the changes, which vary by state, only apply to workers in healthcare or emergency services. A similar proposal failed to gain support in Colorado.

Mark Dopp, general counsel for the North American Meat Institute, a trade association that represents meatpackers, said it is difficult to determine where workers get infections given extensive sanitation efforts taken by meat plants and workers’ daily travel to and from the plants.

Tyson in April closed its Waterloo, Iowa, pork processing plant due to a COVID-19 outbreak. Ben Roth, a local workers’ compensation attorney, said five families of employees who died filed workers compensation claims for death benefits, and all were denied.

He said meat-processing companies have an incentive to deny every claim because admitting they caused even one infection can expose the firms to liability for all workers contracting COVID-19.

“That undercuts the argument that they want to make across the board: that you can’t prove you got it here and not at a grocery store,” Roth said.

Tyson said it follows state laws for workers’ compensation. The company noted that Iowa law states that disease with an equal likelihood of being contracted outside the workplace are “not compensable as an occupational disease.”

In Colorado, Sylvia Martinez runs a group called Latinos Unidos of Greeley and said she knows of more than 20 JBS workers who applied for workers compensation and were denied. Many plant workers are not native English speakers and sought out her group for guidance, she said, adding that many don’t understand their rights and fear being fired. The company’s rejections have discouraged more claims, Martinez said.

“If you deny five or 10, those workers will tell their co-workers,” she said.

‘WHO IS GOING TO HIRE HIM?’

JBS also contested the claim of Alfredo Hernandez, 55, a custodian who worked at the Greeley plant for 31 years. He became infected and was hospitalized in March. He still relies on supplemental oxygen and hasn’t returned to work, said his wife, Rosario Hernandez.

Generall y, companies approve claims if it looks probable that an employee was injured or sickened at work, said Erika Alverson, the attorney representing Hernandez. But JBS, she said, is arguing workers could have contracted COVID-19 anywhere.

“They’re getting into, where did our clients go, what were they doing during that time, who was coming into their house, what did their spouse do, was there any other form of exposure?” said Alverson, of the Denver firm Alverson and O’Brien.

A judge will decide the Hernandez case in an administrative hearing. In the meantime, the Hernandez family has only his disability benefits – a portion of his salary – to cover his medical and insurance costs, Rosario Hernandez said.

“We’re getting bunches of bills,” she said.

(Reporting by Tom Hals in Wilmington, Delaware, and Tom Polansek in Chicago; Editing by Noeleen Walder, Caroline Stauffer and Brian Thevenot)

U.S. Midwest sees surge in COVID-19 cases as four states report record increases

By Anurag Maan and Lisa Shumaker

(Reuters) – Four U.S. states in the Midwest reported record one-day increases in COVID-19 cases on Saturday as infections rise nationally for a second week in a row, according to a Reuters analysis.

Minnesota reported 1,418 new cases, Montana 343 new cases, South Dakota reported 579 and Wisconsin had 2,902 new cases.

In the last week, seven mostly Midwest states have reported record one-day rises in new infections — Minnesota, Montana, Oregon, South Dakota, Utah, Wisconsin and Wyoming. Minnesota and Utah reported record increases two days in a row.

The United States recorded 58,461 new cases on Friday, the highest one-day increase since Aug. 7. The United States is reporting nearly 46,000 new infections on average each day, compared with 40,000 a week ago and 35,000 two weeks ago.

All Midwest states except Ohio reported more cases in the past four weeks as compared with the prior four weeks, according to a Reuters analysis.

Some of the new cases are likely related to an increase in the number of tests performed. In the last week, the country has performed over 1 million coronavirus tests three out of seven days — a new record, according to data from The COVID Tracking Project, a volunteer-run effort to track the outbreak.

However, hospitalizations have also surged in the Midwest and are not influenced by the number of tests performed.

Wisconsin’s hospitalizations have set new records for six days in a row, rising to 543 on Friday from 342 a week ago. South Dakota’s hospitalizations set records five times this week, rising to 213 on Saturday from 153 last week.

“Wisconsin is now experiencing unprecedented, near-exponential growth of the number of COVID-19 cases in our state,” Governor Tony Evers said in a video posted on social media.

Missouri, Nebraska, North Dakota and Wyoming have also seen record numbers of hospitalized COVID-19 patients in the past week.

Cases have also begun rising again in the Northeast, including the early epicenters of New York and New Jersey.

In New York, more than 1,000 people tested positive for COVID-19 on Friday for the first time since June 5, Governor Andrew Cuomo said on Saturday.

The United States recently surpassed 200,000 lives lost from the coronavirus, the highest death toll in the world.

(Reporting by Anurag Maan in Bengaluru and Lisa Shumaker in Chicago; Editing by Daniel Wallis)

U.S. coronavirus cases top six million as Midwest, schools face outbreaks

By Lisa Shumaker

(Reuters) – U.S. cases of the novel coronavirus surpassed six million on Sunday as many states in the Midwest reported increasing infections, according to a Reuters tally.

Iowa, North Dakota, South Dakota and Minnesota have recently reported record one-day increases in new cases while Montana and Idaho are seeing record numbers of currently hospitalized COVID-19 patients.

Nationally, metrics on new cases, deaths, hospitalizations and the positivity rates of tests are all declining, but there are emerging hotspots in the Midwest.

Many of the new cases in Iowa are in the counties that are home to the University of Iowa and Iowa State University, which are holding some in-person classes. Colleges and universities around the country have seen outbreaks after students returned to campus, forcing some to switch to online-only learning.

New York Governor Andrew Cuomo on Sunday said his state was sending a “SWAT team” to a State University of New York (SUNY) campus in Oneonta in upstate New York to contain a COVID-19 outbreak. Fall classes, which started last week at the college, were suspended for two weeks after more than 100 people tested positive for the virus, about 3% of the total student and faculty population, SUNY Chancellor Jim Malatras said.

“We have had reports of several large parties of our students at Oneonta last week, and unfortunately because of those larger gatherings, there were several students who were symptomatic of COVID,” Malatras said.

Across the Midwest, infections have also risen after an annual motorcycle rally in Sturgis, South Dakota drew more than 365,000 people from across the country from Aug. 7 to 16. The South Dakota health department said 88 cases have been traced to the rally.

More than eight months into the pandemic, the United States continues to struggle with testing. The number of people tested has fallen in recent weeks.

Many health officials and at least 33 states have rejected the new COVID-19 testing guidance issued by the Trump administration last week that said those exposed to the virus and without symptoms may not need testing.

Public health officials believe the United States needs to test more frequently to find asymptomatic COVID-19 carriers to slow the spread of the disease.

While the United States has the most recorded infections in the world, it ranks tenth based on cases per capita, with Brazil, Peru and Chile having higher rates of infection, according to a Reuters tally.

The United States also has the most deaths in the world at nearly 183,000 and ranks 11th for deaths per capita, exceeded by Sweden, Brazil, Italy, Chile, Spain, the United Kingdom, Belgium and Peru.

(Reporting by Lisa Shumaker in Chicago and Maria Caspani in New York; Editing by Daniel Wallis and Paul Simao)

Three more states, D.C. and Puerto Rico added to New York’s COVID-19 travel advisory

(Reuters) – Governor Andrew Cuomo on Tuesday ordered those arriving in New York from an additional three states, Washington D.C. and Puerto Rico to quarantine for 14 days to limit the spread of the novel coronavirus.

The states of Illinois, Kentucky and Minnesota were added to the travel order which was first issued in June. The District of Columbia and the U.S. territory of Puerto Rico were also added.

Travelers arriving in New York from a total of 34 states are now required to quarantine, Cuomo said.

(Reporting by Maria Caspani, Editing by Franklin Paul)

Minnesota governor mandates use of face coverings in businesses and indoor public settings

(Reuters) – Minnesota Governor Tim Walz signed an executive order on Wednesday requiring the use of face coverings in indoor businesses and indoor public settings in an effort to slow the spread of the coronavirus.

“By combating the spread of COVID-19, masking will help protect our neighbors, keep our businesses open, and get us on track to return to the activities we love,” the Democratic governor said in a statement.

The executive order will take effect on Saturday and excludes individuals with certain conditions as well as children who are 5 years old and under.

The new order covers all indoor spaces and businesses, even when people are waiting outside to enter such places, and also applies to workers in outdoor settings where social distancing is not possible.

Individuals riding on public transportation and using ride-sharing vehicles should also wear a face covering.

(Reporting by Maria Caspani; Editing by Chris Reese and Peter Cooney)

Four more states added to New York quarantine order, Cuomo says

NEW YORK (Reuters) – Governor Andrew Cuomo on Tuesday ordered those arriving in New York from an additional four states to quarantine for 14 days to limit the spread of the novel coronavirus.

The newly added states – Minnesota, New Mexico, Ohio and Wisconsin – were all seeing ‘significant’ community spread of the virus, Cuomo said in a statement.

Delaware, previously on the list, has now been removed.

Travelers arriving in New York from a total of 22 U.S. states are now required to quarantine for 14 days, according to Cuomo’s order which was first issued in June.

On Monday, the governor announced a travel enforcement operation at airports across the state to ensure travelers are abiding by the quarantine restrictions.

New York reported five COVID-19 fatalities on Monday, and 820 hospitalizations. There were 912 positive test results, or 1.5% of the total, as Cuomo warned in a tweet that “infection rates are alarmingly rising among 20-somethings in NY.”

(Reporting by Maria Caspani in New York, additional reporting by Peter Szekely in New York; Editing by Franklin Paul and Bernadette Baum)

Second man charged with torching Minneapolis police station during protests

By Keith Coffman

DENVER (Reuters) – A 22-year-old Minnesota man was charged on Tuesday with aiding and abetting the arson of a Minneapolis police station during protests over the death of a black man under a policeman’s knee, federal prosecutors said.

Dylan Robinson, who was arrested in Breckenridge, Colorado on Sunday, is accused of hurling a Molotov cocktail inside the Third Precinct police station in Minneapolis and igniting a fire in the building’s stairwell on May 28, according to the criminal complaint.

Robinson appeared in U.S. district court in Denver on Tuesday to hear the charges against him, the U.S. Attorney’s Office for the District of Minnesota said in a written statement. Prosecutors said he is from Brainerd, Minnesota.

Robinson is the second man arrested June 3 in connection to the blaze. Branden Wolfe, 23, was arrested in Minnesota and charged with one count of aiding and abetting arson, federal prosecutors said.

The police station was set on fire during demonstrations three days after George Floyd, 46, died when former Minneapolis police officer Derek Chauvin pressed a knee into his neck for nearly nine minutes.

The incident was captured by a bystander’s cell phone video and led to the firing of Chauvin, who was later charged with second-degree murder. Three other Minneapolis police officers were also charged in the case.

Authorities said they identified Robinson from social media posts and surveillance cameras. Agents with the Bureau of Alcohol, Tobacco and Firearms tracked him to Breckenridge, Colorado, a mountain town about 80 miles west of Denver, where he was taken into custody, according to an arrest warrant affidavit.

Robinson is due back in Denver federal court on Friday for a detention and removal hearing, a spokesman for the U.S. Attorney’s Office in Denver told Reuters.

(Reporting by Keith Coffman; Editing by Dan Whitcomb and Michael Perry)

George Floyd protests recall earlier tensions, promises of economic change

By Howard Schneider

WASHINGTON (Reuters) – In November 2015, the shooting death of Jamar Clark by Minneapolis police touched off a debate on race and economic inequality that challenged the city’s progressive image and led local corporate leaders to back efforts at better sharing the spoils of a booming Midwestern state.

Five years later, the killing of George Floyd has reopened those wounds and highlighted a growing concern nationally: The last few years of economic growth saw gains for lower-income families, but any hope for a durable narrowing of economic gaps may have been short-circuited by the coronavirus pandemic and the subsequent economic crash falling heavily on minorities.

Floyd’s death in police custody in Minneapolis last week may have been a catalyst for an anger that has spawned protests nationwide, but it was in effect the third major shock to hit in as many months, said Tawanna Black, chief executive of Minnesota’s Center for Economic Inclusion (CEI), a group that grew out of those corporate promises of five years ago.

Before the recent surge in joblessness, “we saw the employment gap closing rapidly,” Black said. But “you were connecting people to low-wage jobs, and now you have displaced them. … What I am hopeful of is that we not just solve for criminal justice, but what’s required to get economic and social justice.”

It is complex, to be sure. Tension over police treatment of blacks has simmered through good economic times and bad. But for the economy, the course of the pandemic and the financial fallout highlights how little has changed over a decade of growth that seemed to hold out at least the possibility of progress on narrowing racial economic divides.

Median family income growth finally started rising in 2015, but median family income for blacks remains about 61% that of whites. In Minneapolis, it is even lower at about 44%.

A 2009-2020 bull market for stocks and rising home values have done little to improve overall wealth among African Americans, who comprise around 13% of the U.S. population but account for 4.2% of household net worth, according to Federal Reserve data. The figure in 1989 was 3.8%.

For Hispanics, it is even worse, with more than 18% of the U.S. population holding just 3.1% of household wealth.

(Graphic: Race gaps persist – )

‘NO PROGRESS’

Both groups have suffered an outsized blow from layoffs triggered by business closures meant to control the spread of the coronavirus and the crash in demand among consumers holed up

at home.

According to federal data from February to April, Hispanic employment fell by more than 25%. For blacks, the figure was 17.6%, more modest but still above the 15.5% for whites.

It is part of a “last-hired, first-fired” dynamic familiar to labor economists and considered one of the reasons behind the lack of progress in narrowing wealth and income gaps. In this case, it is also driven by the skewed nature of the coronavirus economic shock, which hit hardest among lower-paid service jobs in the restaurant and hospitality industry where minorities form a larger share of the workforce.

The shock has been no different in Minnesota from in parts of the Deep South, according to a Reuters comparison of federal employment data by race alongside demographic information on unemployment claimants submitted by the state in April.

African Americans made up about 5.7% of Minnesota’s employed workforce in 2019 but more than 8% of those who filed for unemployment in April.

Still predominantly white, with a self-effacing culture captured by writer Garrison Keillor’s “Prairie Home Companion” former radio show, the demographics around Minneapolis, the state’s largest city, have shifted quickly in recent decades. It

has for example opened itself to refugees from Somalia. The city is now about 20% black and 10% Hispanic.

Minnesota’s rural areas voted heavily in 2016 for Republican Donald Trump, while the state as a whole went for Democrat Hillary Clinton owing to strong support in the Minneapolis area.

That city is also home to a healthy list of large U.S. companies, many of them homegrown national brands like Target Corp, that are known for their civic boosterism and support for efforts like the one spearheaded by CEI’s Black.

The question now is whether the dislocation caused by the coronavirus, rising joblessness and the death of Floyd prompts lasting change.

Those firms will be central to deciding the pace of the economic recovery, and the nature of the jobs available in the economy that emerges.

After the last recovery did so little to change wealth and income dynamics, and the coronavirus showed the gulf between workers who were buffered from the crisis and those who were not, Black said it was time to think about the nature of the labor market that will emerge from here.

Many of the jobs “will not come back. Do we train people for tech jobs? Automation-resilient jobs?” she said. Over the last decade, “we made no progress.”

(Reporting by Howard Schneider; Editing by Dan Burns and Peter Cooney)