The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines strategies and policies the EEOC believes are necessary to prevent and address workplace harassment based on any protected status (i.e., race, gender, national origin, disability, religion, age, and genetic
We promised to keep you updated with the EEOC’s proposed regulations for the Pregnant Workers Fairness Act (PFWA). Per its website, the EEOC is publishing the proposed regulation on August 11, 2023, and you have until October 10 to provide input.
Earlier this week, the EEOC posted a Notice
It’s time for the Pregnant Workers Fairness Act (PWFA). We’ve been warning you that the PWFA is coming and in less than a week, on June 27, the PWFA goes into effect. We’re still waiting on the EEOC’s proposed regulations but that should not stop you from complying, because on June 27 employees may begin
You may recall that the Pregnant Workers Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update highlighting some of the key points from the EEOC’s article titled “What You Should Know
Do you have pregnant employees, employees returning from parental leave, or employees who have had a child or children in the last year? Recent updates to two laws may impact accommodations you provide pregnant and breastfeeding employees. Effective December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as The PUMP
There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face potential civil liability.
Under the act, which applies to employers with 15
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee
An employee is on maternity leave and it does not look like she is going to be returning to work. Should you go ahead and terminate her employment during the maternity leave? Wait until it is over to terminate her employment? Require her to come in for an exit interview? Almost all of my clients
Does an employee’s protection under the Pregnancy Discrimination Act (PDA) stop when the employee ceases to be pregnant? The 11th Circuit Court of Appeals was confronted with this question in Stephanie Hicks v. City of Tuscaloosa, in which Ms. Hicks, a police officer who returned from maternity leave and unsuccessfully sought some accommodation
If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal Employment Opportunity Commission v. Dependable Health Services, the EEOC alleged that Dependable Health Services (DHS) discriminated against Sheena Berry, who