This week, we’re analyzing the National Labor Relations Board’s (NLRB’s) recent Stericycle decision, the Equal Employment Opportunity Commission’s (EEOC’s) proposed rule on pregnant workers’ rights, and the EEOC’s first-ever artificial intelligence (AI) anti-discrimination lawsuit settlement.

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NLRB Issues Stericycle Decision

The NLRB has issued its long-anticipated Stericycle decision, changing its standard for evaluating the legality of employee handbook policies and other workplace rules. Both union and non-union employers should re-evaluate their workplace policies in light of the new standard.

EEOC Proposes New Rule on Pregnant Workers’ Rights

On August 11, 2023, the EEOC released a proposed rule to implement the Pregnant Workers Fairness Act, which went into effect on June 27. The proposed regulations include expanded potential accommodations, as well as an expanded definition of who is a “qualified individual” under the law.

EEOC Settles First AI Anti-Discrimination Lawsuit

The EEOC has also publicly reported the settlement of its first-ever AI anti-discrimination lawsuit in a case targeting age bias in the hiring process. This case shows that the EEOC will not hesitate to pursue AI-related charges against employers, despite limited guidance on the technology.

Other Highlights

Illinois Legislative Update: Big Changes for Employers
Peter A. Steinmeyer, Carolyn O. Boucek

The Industrial Welfare Commission Returns with Plans for More Protections for California Employees
Wage and Hour Defense Blog
Andrew Lichtenstein

More Details Emerge About the “No Robot Bosses Act”: Congress’s Latest Effort to Regulate Automated Systems and AI in Employment
Workforce Bulletin
Nathaniel M. Glasser, Adam S. Forman, Frances M. Green, Alexander J. Franchilli, Scarlett L. Freeman

Should Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The Pros and the Cons
Wage and Hour Defense Blog
Michael S. Kun

Workforce (re)newed: Epstein Becker Green’s 42nd Annual Workforce Management Briefing

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


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