On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what the court describes as the “Final Rule’s requirement that covered entities provide accommodation for the elective abortions of employees that are

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.
EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related…
What Employers Should Know About the Latest CDC COVID-19 Guidance
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the isolation guidance for those with…
Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from…
When Will the Ball Drop? Still Waiting on the PWFA Final Regulations
We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of the final regulations for review on December 27. Assuming that the EEOC’s final regulations clear this review, we expect…
The New Year Brings New Leave Laws
Get ready to ring in the new year with new and expanded employer leave obligations. Chicago’s new Paid Leave and Paid Sick and Safe Leave Ordinance will take effect on December 31, 2023 and the following laws go into effect on January 1, 2024.
EEOC’s Proposed Pregnant Workers Fairness Act Regulations: Oh Mama!
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…
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…