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New Provisions in Effect for Pregnant Workers Fairness Act

July 5, 2024

 

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final regulation to implement the Pregnant Workers Fairness Act (PWFA) on April 15, 2024, with the regulations becoming effective on June 18, 2024.

 

Key provisions of the final rule, summarized from the EEOC, include[1]:

 

  • Clarifies that pregnancy, childbirth, or related medical conditions refer to those of the specific employee in question;
  • Addresses whether the employee could perform the essential function(s) “in the near future” in situations other than during pregnancy is determined on a case-by-case basis;
  • The final rule specifies that a physical or mental condition must be “related to, affected by, or arising out of” pregnancy, childbirth, or related medical conditions. It explains that this term is inclusive, meaning pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of the condition for it to be considered “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions”;
  • The final rule explains how, depending on the facts, certain actions may constitute violations of the prohibitions on retaliation and coercion. These actions include failing to provide interim reasonable accommodation, seeking supporting medical documentation or information when not permitted under the PWFA or the final rule, or disclosing confidential medical information.

 

The PWFA mandates that employers with 15 or more employees provide reasonable accommodations to qualifying employees or applicants with conditions related to pregnancy and/or childbirth.

 

Click here to read our blog post from January 4, 2023, which outlines employer obligations under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

 

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.


  [1] https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa

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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