The US Congress passed the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on December 23, 2022, as part of the omnibus spending bill for FY2023. President...more
The recent midterm elections produced many important developments in the area of reproductive rights and set the stage for future legislative action at the state level. We also continue to see important decisions from state...more
The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more
Litigation and policy developments at the state and federal level continue as we approach the November election. The Indiana State Supreme Court issued an order on October 12 upholding the temporary injunction on enforcement...more
We are now more than 100 days out from the release of the Dobbs decision and the laws around reproductive rights remain in flux....more
The New York City Department of Consumer and Worker Protection recently published proposed rules providing guidance on the artificial intelligence law enacted in December 2021 that prohibits employers from using automated...more
Recent developments reinforce the importance of state litigation to reproductive rights post-Dobbs. In Indiana, a court blocked enforcement of the state’s new abortion prohibition, finding that the ban could contravene rights...more
The most significant development regarding reproductive rights in the last week occurred in West Virginia, where the state legislature enacted a near-total ban on abortion. Other major events included the introduction of...more
In the last two weeks, South Carolina’s Senate failed to pass a near-total ban on abortion, California’s legislature passed a law prohibiting California corporations from assisting with certain investigations related to the...more
Federal litigation was in the spotlight last week with two major decisions related to the Biden-Harris administration’s Emergency Medical Treatment and Labor Act (EMTALA) guidance on providing abortion services as emergency...more
As US federal and local governments have declared monkeypox to be a public health emergency, employers attuned to responding to the COVID-19 pandemic may be left wondering what protocols to implement before and after a...more
Litigation over the effectiveness of various state abortion laws and state legislative efforts continues as we near two months after the US Supreme Court’s Dobbs ruling. The last of the state trigger laws are set to go into...more
While state and local governments and local health authorities can continue to require individuals and businesses to maintain stricter standards than the CDC’s recently updated guidance, the changes reflect the CDC’s current...more
The legal landscape around access to abortion services continues to change rapidly in the wake of Dobbs v. Jackson Women’s Health Organization. While a number of states have begun implementing laws that were on the books and...more
This past week witnessed the first referendum on abortion rights since the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health, along with legislative developments in several states concerning access to abortion....more
Federal and state activity in the initial weeks after the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization decision largely focused on litigation and executive and state legislative action designed...more
The weeks after the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization decision have seen an array of federal and state actions on the issue of access to abortion-related services, including new...more
Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the federal government has issued various guidance to healthcare providers reinforcing federal legal protections or requirements...more
The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization put the onus on states to define laws around access to abortion-related services. As expected, the two largest sources of action following the...more
The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs on July 12. The update reinforces that the evolving circumstances of the COVID-19 pandemic require an individualized...more
The US Supreme Court released its opinion in Dobbs v. Jackson Women’s Health on June 24. The decision overturns prior Supreme Court decisions in Roe v. Wade and Planned Parenthood v. Casey, which held that the US Constitution...more
The US Equal Employment Opportunity Commission (EEOC) released guidance on May 12 addressing the application of the Americans with Disabilities Act (ADA) to employer use of algorithms and artificial intelligence (AI) during...more
Various media outlets published a draft US Supreme Court opinion overturning Roe v. Wade late on May 2. The Supreme Court confirmed the authenticity of the document on May 3 but cautioned that the opinion was still in process...more
Governor Ron DeSantis signed the Stop WOKE Act (Florida HB7)—which prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion training—into law on April 22....more
The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron...more