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Employment Law Now VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act
Employer Obligations to Accommodate Before Employees Arrive to Work
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Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more
A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more
The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more
The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more
In April, the EEOC issued the much awaited regulations interpreting the Pregnant Worker’s Fairness Act, passed by Congress last summer. The PWFA went into effect on June 27, 2023 and the regulations are effective June 18,...more
It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more
The Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization created various employment law issues for employers. We previously addressed some of these issues in a July 2022 publication....more
In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more
Seven years after the Supreme Court's decision in Young v. UPS articulated the legal standard required to establish intentional discrimination in the context of pregnancy discrimination, the United States Court of Appeals for...more
The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more
Seyfarth Synopsis: As 2022 begins, we are pleased to present our annual selections for the five most intriguing developments in EEOC litigation during 2021, as well as our annual report on developments and trends in...more
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
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...more
Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC. Employers are anxiously looking for any sign as to how this slate of leadership will put...more
Two new lawsuits cast light on employers’ obligations to provide job accommodations to pregnant employees. On September 20, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) sued Walmart in federal court in...more
In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more
In the wake of the 2015 U.S. Supreme Court decision, Young v. UPS, many employers have gotten “way too excited” and have “way oversimplified” their duty to accommodate pregnant employees (or not!)....more
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more
The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more
Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more
“[A] single discriminatory act does not, by itself, warrant a broader patter-or-practice investigation.” That was the conclusion the Tenth Circuit reached recently when it affirmed a federal district court’s denial of an EEOC...more
Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an...more
Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one...more
On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more