As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay equity/transparency, cannabis, and other updates which you can read about in our previous DE Insight, there are several new developments that materialized during the first quarter of 2023 that you should be aware of.
Pregnant Workers Fairness Act
While not new legislation, the Pregnant Workers Fairness Act (“PWFA”) is set to take effect on June 27, 2023, with the Equal Employment Opportunity Commission (“EEOC”) stating that it will start accepting charges under the PWFA for acts occurring on the same date moving forward. So, what do you need to know now?
The PWFA is a federal law that protects covered employees who have known limitations due to pregnancy, childbirth, or related medical conditions by requiring employers to provide reasonable accommodations, unless the accommodation will cause the employer an undue hardship. The most important takeaways from the PWFA — and areas where it expands upon existing law — are that: (1) an employee’s pregnancy-related medical restriction no longer has to rise to the level of a disability in order to be eligible for a reasonable accommodation nor must those accommodations be based upon whether the employer accommodates other employees who are similar in their inability to work; (2) employers may only require an employee to...
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