Articles Posted in Human Resources Policies


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


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


This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. Continue reading


Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation.

15 Senators voted in favor and 6 against.
Continue reading


Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who use medical cannabis to treat.

For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not protect individuals with actual disabilities who lose their jobs for testing positive because the ADA does not protect individuals engaging in “the illegal use of drugs” within the meaning of the statute.

But what if the employee does not have an actual disability? Continue reading



Last week, the Associated Press reported that the U.S. Drug Enforcement Administration would move to reclassify marijuana (cannabis), moving it from Schedule I, where it’s currently listed with heroin and LSD, to Schedule III, with as less dangerous doctor-prescribed drugs like (Tylenol with codeine) and testosterone. Continue reading


You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck, I will discuss the final rule that the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), released earlier this week.

Among the topics we’ll cover: Continue reading

“Doing What’s Right – Not Just What’s Legal”
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