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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 […]
Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a monthly basis from menstruation. In the videos, the men are usually in agony by the time the highest setting is applied, […]
In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner Kalpana Kotagal) and two Republicans (Commissioners Andrea Lucas and Keith Sonderling). In addition, the EEOC now has a confirmed general counsel for the first time since 2021. Employers […]
Many working mothers strive to attain some form of work/life balance but may find their jobs don’t provide the flexibility and autonomy they need to reach this goal. As women, we often feel like we’re spinning one plate too fast and one plate too slow and will eventually drop them all. While many employers voluntarily […]
Two new laws strengthen protections for pregnant and nursing employees in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP). In this week’s HR Query, we’re highlighting what you need to know to make sure organizations stay compliant. The PWFA took effect June 27, 2023, […]
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 […]