On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was enacted at the end of 2022, the EEOC crafted 275+ pages worth of regulations, preamble and interpretive guidance to

Tara K. Burke
Tara K. Burke is the knowledge management (“KM”) attorney for Jackson Lewis P.C.’s Disability, Leave & Health Management practice group, and is based in the Cincinnati, Ohio, office of Jackson Lewis P.C.
The ADA and Visual Disabilities in the Workplace
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Like the technical assistance the EEOC published earlier this year on hearing disabilities…
Groff takes DeJoy: Supreme Court Changes Standard in Religious Accommodation Case
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46 years.
In Groff v. DeJoy, a former United States Postal Service (USPS) mail carrier, Gerald Groff claimed…
Minnesota Legislature Passes Significant Employee Leave Laws
Minnesota is now the 12th state to adopt a statewide program providing compensation to employees during family and medical leaves. It also joined the over 40 state and local jurisdictions mandating employer paid sick leave. Eligible Minnesota employees will be entitled to up to 48 hours of paid sick and safe leave and 20…
DOL Pumps It Up With New Guidance on PUMP Act Enforcement
The U.S. Department of Labor Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2023-02 providing guidance to agency officials responsible for enforcement of the “pump at work” provisions of the Fair Labor Standards Act (FLSA) including those recently enacted under the 2022 PUMP Act.
EEOC Updates Its COVID-19 Guidance to Reflect Current State of COVID-19 in the U.S.
As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to reflect the pandemic’s changing state. The updated guidance follows CDC’s June 10, 2022 statements regarding…
CDC’s New Shorter Quarantine Period is Welcome News for Those Who Got COVID for Christmas
The CDC announced today that it is updating its quarantine and isolation guidance. For people with COVID-19, the isolation period was reduced from ten days to five days as long as the individual has no symptoms or their symptoms are resolving after five days. Importantly, the revised isolation guidance does not recommend an individual…
Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard
One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard”, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay of the OSHA ETS. Read full coverage from our Workplace Safety and Health colleagues.
Oregon Issues New Rule Requiring Vaccinations of Healthcare Workers by Mid-October
Following on the heels of an executive order by Oregon’s governor requiring full vaccination for teachers, staff, and volunteers in K-12 schools, the Oregon Health Authority issued a new rule requiring that healthcare providers and healthcare staff be vaccinated against COVID-19 as of October 18, 2021. Read more from our Oregon colleagues here.
Connecticut Mandates Vaccination for Employees of Broadly Defined ‘Long-Term Care Facilities’
Connecticut is requiring certain healthcare employees be vaccinated with the COVID-19 vaccine. Connecticut joins other states, including Washington and Massachusetts, in mandating vaccination.
Connecticut’s Executive Order, issued on August 6, 2021, requires employees of long-term care facilities be fully vaccinated against COVID-19. The Executive Order broadly defines “Long-term care facility.” Read about this new…