Compliance Stuff

A federal judge in Louisiana ruled yesterday that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary. Although multiple lawsuits are currently pending on the issue, the order applies nationwide until and unless a higher court rules otherwise.  The judge’s May 21 decision vacated relevant parts of a Biden-era rule implementing the Pregnant Workers Fairness Act (PWFA) – which was already living on borrowed time given the new administration’s position on the matter. Notably, Acting EEOC Chair Andrea Lucas has publicly opposed her agency’s abortion-related accommodation rule, was planning on taking steps to overturn the rule, and is expected to support the court’s ruling – though we could see worker advocacy groups pick up the battle in the agency’s place. Here’s what employers need to know about the ruling and how it impacts your policies and practices. Key Takeaways F...

 For decades, employers have applied the usual FMLA rules for an employee who cannot work because of limitations due to pregnancy. When these limitations render a pregnant employee unable to work, the employer has always had the right to obtain medical certification to confirm the limitation and the employee’s need for leave from work. When the FMLA became law in 1993, there was no such thing as the Pregnant Workers Fairness Act (PWFA), which as of last year requires employers to provide accommodations to individuals limited by pregnancy-related conditions (unless undue hardship exists). In its final rules implementing the PWFA, the EEOC went to unusual lengths to rein in an employer’s ability to obtain medical documentation when an employee requests a pregnancy accommodation. The agency rejected the ADA’s more expansive approach to supporting documentation, instead allowing medical documentation only if it is reasonable under the circumstances to determine if the employee has a qu...