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The Employer Handbook BlogCourt Nixes Elective Abortion Accommodation Mandate—but Discriminate At Your Own Risk
The PWFA was designed to support pregnant workers.
But when the EEOC included abortion in the mix, a federal court hit pause. Continue reading
Articles Posted in Pregnancy
What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance with employment laws and fostering an inclusive workplace environment.
Here’s what HR professionals need to know about the EEOC’s latest guidance.
100,000 reasons to accommodate an employee after she experiences a stillbirth (and not fire her four days later)
About two weeks ago, I spotlighted an EEOC lawsuit where the agency claimed an employer fired a woman four days after she experienced a stillbirth and one day after submitting a confirming letter from her doctor, which also recommended six weeks to recuperate physically and grieve. Continue reading
I’m pretty sure I found Exhibit “A” in a new EEOC pregnancy bias lawsuit. It will blow your mind 🤯
Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer.
These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to have the receipts to back them up. Continue reading
If your pregnant employee experiences a stillbirth or miscarriage, whatever you do, don’t do this
Today’s lesson is about the interplay between the Americans with Disabilities Act, which requires employers to accommodate known disabilities absent undue hardship, and the Pregnant Workers Fairness Act, which took effect last year and also requires an employer to accommodate known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions unless doing so will result in an undue hardship. Continue reading
Mark your calendars for two FREE employment law webinars this month.
I receive email alerts from the U.S. Equal Employment Opportunity Commission that include information on upcoming webinars. Most of them cost money to attend. But every once in a while, there’s a freebie.
Like this one.
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.
Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.
Meanwhile, another court has blocked “elective abortion” accommodations under the PWFA regulations
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.”
Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana and Mississippi to accommodate elective abortions, i.e., an abortion prompted exclusively by the woman’s choice, where no physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions exists. Continue reading
Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.” Continue reading