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Articles Posted in Pregnancy

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Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.

Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin. Last week, a federal…

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Meanwhile, another court has blocked “elective abortion” accommodations under the PWFA regulations

On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA)  — specifically the part that deals with “elective abortions.” Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana…

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Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations

On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA)  — specifically the part that deals with “elective abortions.” The PWFA requires most employers with 15 or more…

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17 states sue to block the EEOC from greenlighting abortion leave under the Pregnant Workers Fairness Act

From the time it proposed regulations to implement the Pregnant Workers Fairness Act to when it issued a final rule earlier this month, the U.S. Equal Employment Opportunity Commission received approximately 54,000 comments urging it to exclude abortion from the definition of “pregnancy, childbirth, or related medical conditions.” The EEOC…

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Join us today at Noon ET for The Employer Handbook Zoom Happy Hour to discuss the EEOC’s Pregnant Workers Fairness Act Final Rule

You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck, I will discuss the final rule that the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), released earlier this week.…

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The EEOC has issued its final rules on the Pregnant Workers Fairness Act. So, let’s Zoom on Friday, April 19, 2024 at Noon ET.

At long last, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), has issued a final rule to implement the new law. The PWFA requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations)…

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An employer settled claims it refused to accommodate a pregnant worker who then miscarried

“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” That quote comes from a senior U.S. Equal Employment Opportunity Commission trial attorney as part of a press release announcing a settlement of pregnancy and disability discrimination claims…

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No, getting fired after telling a supervisor you are pregnant is not retaliation. Or is it?

No, it isn’t. I know this because, among other things, I read this Fifth Circuit decision last night after the Philadelphia Eagles beat the New England Patriots. The plaintiff, a pharmacy technician, was pregnant when her employer hired her. Then, she chose to disclose her pregnancy to her supervisor a…

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Here’s something you might not have known about the new federal pregnancy accommodation law.

Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new Pregnant Workers Fairness Act (PWFA), released proposed regulations for public comments. 275 pages of them. But I only needed the first eight or so to realize that the PWFA, which requires covered employers to…

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Starting today, most of your workers have new, federal pregnancy-related employment protections

Today, the Pregnant Workers Fairness Act takes effect. The Act requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations) to make reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that doing so would…