Navigating Employee Leave and Reasonable Accommodation Requests Under the FMLA, ADA, and PWFA
Pregnant Workers Fairness Act (PWFA) Update
Hoops and Legal Loops: The Dearica Hamby Case Explained
Employment Law Now VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview)
Employment Law Now VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act
The Burr Morning Show: Pregnant Workers Fairness Act
Employment Law Now VII-136 - Summer 2023 Wrap-Up Part 2
The Burr Broadcast Aug. 2023: Pregnant Workers Fairness Act
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
Top Three Pregnancy Pitfalls for Employers
Hot Spots in Employment Law 2022
Illegal or ill-mannered? Title VII meets Ms. Manners
Employment Law This Week®: DOL’s RFI on Overtime Rule, NLRA Doesn’t Preempt NYSHRL, SF’s Salary History Law, Pregnant Workers Fairness Act
Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez
Episode 10: Pregnancy Discrimination Insights (Hint: It's Not Just About The FMLA)
Pregnancy In the Workplace...Hot Off the Press
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
With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions. In addition, the state...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
Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?...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
After more than a decade’s worth of attempts, Congress has finally passed the Pregnant Workers Fairness Act (PWFA). The PWFA broke through the logjam as part of the must-pass $1.7 trillion government funding bill shepherded...more
On December 22, 2022, the 117th Congress passed with bipartisan support an omnibus spending bill, which includes two measures that expand rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (PWFA) and...more
After nearly an 18-month delay, Congress just approved the Pregnant Workers Fairness Act (PWFA), requiring covered employers to provide reasonable accommodations for employees with medical conditions related to pregnancy and...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
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
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
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more
New York City employers will almost certainly need to provide lactation rooms to breastfeeding employees in the near future thanks to a slate of new laws passed by city lawmakers. On October 17, 2018, the City Council passed...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
Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII. In Wadley v....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
The Louisiana Court of Appeal, Fourth Circuit recently held that a pregnant employee who suffered from a pregnancy-related illness was not disabled within the scope and meaning of the Louisiana Employment Discrimination Law...more
On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more
For years, federal courts have held that pregnancy and sex discrimination laws do not require employers to affirmatively accommodate breastfeeding by employees. However, a recent line of cases has blurred this conclusion,...more
The Nevada Pregnant Workers' Fairness Act (NPWFA) goes into effect Sunday, October 1, 2017. The NPWFA applies to employers with 15 or more employees and generally expands the scope of protections provided to female employees...more
On September 7, 2017, the Eleventh Circuit in Hicks v. City of Tuscaloosa, 16-13003 held that breastfeeding is covered under the Pregnancy Discrimination Act (“PDA”). In Hicks, the doctor for a police officer with the...more
Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more