On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register for implementing the PWFA. The EEOC has invited the public to comment on the proposed regulations during a comment period that will close on October 10, 2023. While the regulations are proposed, PWFA has been in full effect since June 27, 2023.Continue Reading EEOC’s Notice of Proposed Rulemaking to Implement the Pregnant Workers Fairness Act (PWFA)
Abigail focuses her practice on employment litigation and serves both private and public clients of all sizes in state court and before administrative agencies.
The Illinois general assembly kicked off 2023 off by passing the Paid Leave for All Workers Act (the “Act”). Governor Pritzker is expected to sign the bill later this year. Once signed, the Act will go into effect on January 1, 2024, and will make most Illinois private-sector employees eligible for up to 40 hours of paid time off per year.Continue Reading Illinois Mandates “Any Purpose” Paid Leave for Most Employees Starting in 2024
Where previous protections offered by the Americans with Disabilities Act, the Fair Labor Standards Act, and the Pregnancy Discrimination Act of 1978 fell short, employees were left to make hard choices between quitting their jobs or working in a position that did not fully accommodate their medical needs while pregnant or after giving birth. Although some state laws fill those needs, many states do not provide any protection. During 2022, two important protections were signed into law by President Joe Biden: the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. The new protections put in place by these acts ensure that pregnant employees will not suffer because of their pregnancy, but instead be provided the proper and necessary time off and accommodations after giving birth.Continue Reading New Federal Protections for Pregnant Workers
Religious Exemptions to Mandatory Vaccine Policy
Employees who refuse to take the COVID-19 vaccine for religious reasons are protected by Title VII. Therefore, religious accommodations for the COVID-19 vaccine should be treated like any other religion-based accommodation request. Employers should continue to provide employees with a clear and accessible process for requesting an accommodation and should continue to analyze requested accommodations on a case-by-case basis and offer accommodations when required pursuant to the law and its policies. Importantly, employees requesting such an accommodation need not use any specific phrase, or “magical words,” in order to trigger an employer’s obligations. Employers should keep in mind that all sincerely held religious beliefs may give rise to an accommodation obligation, not only “mainstream” or commonly-known religions.
Continue Reading Granting Religious Accommodations for COVID-19: What Employers Need to Know