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Newly Proposed Expansion of Pregnant Workers Fairness Act

August 21, 2023

The EEOC has recently announced a proposal to expand the Pregnant Workers Fairness Act (PWFA). The EEOC’s proposed rulemaking would add Part 1636 in amending 29 C.F.R. Chapter XIV.


The Massachusetts Pregnant Workers Fairness Act went into effect in April 2018.


The EEOC’s notice of proposed rulemaking provides numerous examples of possible reasonable accommodations while explaining how the commission intends to interpret the PWFA and certain terms in the statute, such as “temporary,” “essential functions,” and “communicated to the employer.”



Section 1636.3 of the proposed regulation elaborates on the definition of “known limitation,” explaining that “known” means that the limitation is communicated by the employee or their representative to the employer, and “limitation” as meaning a “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” including conditions which may be “modest, minor, and/or episodic.”


The proposed regulation also makes clear that a medical condition relating to childbirth or pregnancy includes a wide range of conditions, including fertility treatment, postpartum depression, frequent urination, the use of birth control and lactation.


The proposed regulation provides a non-exhaustive list of reasonable accommodations that may be required of an employer, including job restructuring, part-time or modified work schedules, reassignment to a vacant position, extra work breaks, providing devices to help with lifting, and providing seating for jobs that require standing.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.  

Medical Marijuana Use Protected from Adverse Action

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways 1. Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. 2. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. 3. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process . If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

The Royal Law Firm Awarded Finalist of 2025 Best of The Valley Readers’ Poll

March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
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