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…
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…
This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. If successful, the…
If your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary” services, and you’re not keen on defending sex discrimination claims, then keep reading. Yesterday, the Eleventh Circuit Court of Appeals affirmed a lower court ruling that an employer cannot exclude coverage for…
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it. I’ll explain. Last night, I read a recent decision from a Pennsylvania federal judge. The plaintiff, an Asian American, testified at his deposition that his supervisor often…
Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation. 15 Senators voted in favor and 6 against. The legislation, introduced in…
Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who use medical cannabis to treat. For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not…
Last week, the Associated Press reported that the U.S. Drug Enforcement Administration would move to reclassify marijuana (cannabis), moving it from Schedule I, where it’s currently listed with heroin and LSD, to Schedule III, with as less dangerous doctor-prescribed drugs like (Tylenol with codeine) and testosterone. The AP notes that this shift comes “as marijuana…
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.…
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)…