The Pregnancy Workers’ Fairness Act – Has It Impacted Employer Views on Pregnancy?
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Speaker : SUSAN FAHEY DESMOND
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When : Tuesday, January 28, 2025
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Time : 01 : 00 PM EST
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Susan Fahey Desmond is a partner with McGlinchey Stafford PLLC with
offices across the country. A noted author and speaker, Susan has been
representing management in all areas of labor and employment law for
over 35 years. She has been named in Best Lawyers in America and as one
of America’s Leading Business Lawyers for labor and employment law. She
has also been named as one of the top 25 female lawyers in Louisiana.
Susan is licensed to practice in Colorado, Louisiana, and Mississippi.
Anytime a new law is passed, there is a wave of uncertainty about what the new law actually requires. After all, could expect Congress to be able to publish regulations further identifying what the requires.
Indeed, as with many over-employment laws, Congress delegated enforcement of the PWFA to the EEOC. The wait is now over, we finally have a set of final regulations? Or will we see challenges to the federal regulations claiming that the EEOC exceeded its authority in passing the final regulations?
Of course, to the extent such a challenge is made and, indeed, whether such a challenge would be successful, it will take a considerable amount of time to work its way through the court system. The EEOC is not waiting. It has already filed multiple suits against employers alleging that the employers failed to provide reasonable accommodation. It is clear that the EEOC is applying the final regulations retroactively, and the agency is not going to wait for courts to opine on the legality of the regulations.
Areas Covered
- Overview of the Pregnant Workers’ Fairness Act
- Overview of the PWFA final regulations
- Analysis of the cases filed thus far by the EEOC
- What are the possibilities once the plaintiffs’ bar starts to file suit?
- Practical Tips for complying with the PWFA
Who Should Attend
Human resource managers, benefits managers.
Why Should You Attend
It took the EEOC almost a year to publish final regulations under the PWFA. The regulations, however, do not provide clear-cut guidance on what the PWFA requires. How have employers responded? What can employers take away from the regulations?
The EEOC filed its first suit against an employer alleging that the employer violated the PWFA when it failed to accommodate a pregnant worker by failing to provide adjustments comparable to those offered to non-pregnant workers with similar limitations. At least six more suits have followed. It is clear that the EEOC is applying the final regulations retroactively. Are you prepared?
Topic Background
We all know by now that Congress passed the Pregnancy Workers’ Fairness Act. It took the EEOC almost a year to publish the final regulations. The regulations, however, do not provide clear-cut guidance on what the PWFA requires. How have employers responded? What can employers take away from the regulations?
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$160.00
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