Workforce Bulletin

As featured in #WorkforceWednesday®: This week, we’re covering four key employer-focused developments:

• a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board’s (NLRB’s) authority,
• another Fifth Circuit decision restoring pregnant worker protections,
• the White House’s reversal of a key non-compete executive order, and
• a court ruling against the Equal Employment Opportunity Commission’s (EEOC’s) early right-to-sue policy.

Less than one week after the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA), seventeen states jointly filed a complaint seeking to enjoin and set aside the portions of the Final Rule providing for abortion-related accommodations. And just a few weeks later, two more states filed suit on the same grounds.

As discussed in more depth here, the PWFA requires covered entities to reasonably accommodate qualified employees ...

As featured in #WorkforceWednesday: This week, we’re breaking down the U.S. Supreme Court’s (SCOTUS’s) new workplace discrimination decision, the Equal Employment Opportunity Commission’s (EEOC’s) final rule on the Pregnant Workers Fairness Act (PWFA), and how recent artificial intelligence (AI) hiring tools have violated federal anti-bias laws.

On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA). The Final Rule will take effect on June 18, 2024.

Although the PWFA borrows language and concepts that employers are already familiar with from existing federal protections, the Commission’s proposed rule to implement the PWFA (“Proposed Rule”), issued in August 2023, emphasized that the PWFA’s protections are broader and intended to cover ...