Jennifer Barna and Marguerite (Maggie) McGowan Stringer, attorneys in the Employment, Labor & Workforce Management and Litigation & Business Disputes practices, co-authored an article in the Employee Benefit Plan Review, titled “Key Takeaways So Far from the Equal Employment Opportunity Commission’s Enforcement of the Pregnant Workers Fairness Act.”
Following is an excerpt (see below to download the full article in PDF format):
In the months following the June 18, 2024 effective date of the U.S. Equal Employment Opportunity Commission’s (EEOC or the Commission) final rule (Final Rule) and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA), the EEOC has taken an aggressive and proactive role in enforcing the Final Rule.
In September 2024, the EEOC filed a series of lawsuits alleging violations of the PWFA and has since announced conciliation agreements with several companies. These lawsuits and settlements signal the EEOC’s intent to strictly enforce the PWFA, and provide important takeaways for employers as they navigate the new landscape of pregnancy-related accommodation requests under the PWFA. Of note, some cases particularly highlight differences between the PWFA and the Americans with Disabilities Act (ADA).
