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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.  

Massachusetts’ Superior Court Judge Rules Recording in Workplace Admissible

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. 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.

After the DEI Executive Order

February 14, 2025
What Are the Compliance Requirements for Private Employers?
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