Articles Posted in Pregnancy

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noun-obgyn-6575449-1024x1024Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance with employment laws and fostering an inclusive workplace environment.

Here’s what HR professionals need to know about the EEOC’s latest guidance.

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About two weeks ago, I spotlighted an EEOC lawsuit where the agency claimed an employer fired a woman four days after she experienced a stillbirth and one day after submitting a confirming letter from her doctor, which also recommended six weeks to recuperate physically and grieve. Continue reading

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Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer.

These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to have the receipts to back them up. Continue reading

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Today’s lesson is about the interplay between the Americans with Disabilities Act, which requires employers to accommodate known disabilities absent undue hardship, and the Pregnant Workers Fairness Act, which took effect last year and also requires an employer to accommodate known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions unless doing so will result in an undue hardship. Continue reading

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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 appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.

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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 and Mississippi to accommodate elective abortions, i.e., an abortion prompted exclusively by the woman’s choice, where no physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions exists. Continue reading

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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.” Continue reading

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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 did not oblige.

And now, 17 states are suing. Continue reading

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