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We occasionally hear from clients asking if their employees have to be employed for 12 months and work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA) or if they qualify as soon as they begin employment. The question appears to conflate aspects of the PWFA with a similar but distinct federal labor […]
With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]
Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Answer: The PWFA applies to employees as soon as they begin employment, and it also applies to applicants. Under the federal PWFA, […]
On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s (PWFA) final regulations, which were published on April 19, 2024. The 17 states include Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, […]
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers […]
This is Part 2 in a two-part series. Read Part 1 here. With five generations at work for the first time in U.S. history, HR execs are charting a growing constellation of roles, identities, and life stages in their benefits plans and experiences. The good news? The call for flexibility and help taking care of loved […]
There are well-documented differences in the health and well-being of males and females, including several back pain issues and related conditions that women are more susceptible to developing. Notably, women report more low back pain from work, especially if they work 40-45 hours weekly. For female employees, back pain is more likely to become chronic […]
The Pregnant Workers Fairness Act (PWFA), which was signed into law in late 2022 and went into effect June 27, 2023, requires employers to provide “reasonable accommodations” for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodations would cause the employer an “undue hardship.” Whom Does the PWFA Apply […]
The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]
New federal protections will soon take effect for employees who are expecting mothers and nursing mothers. Employees may seek relief for lost wages, reinstatement, and other legal remedies under the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) and the Pregnant Workers Fairness Act (PWFA), which become effective April 28, 2023, and […]