EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has released proposed regulations under the Pregnant Workers Fairness Act (PWFA) that include an expansive reading of the requirements imposed by the law. Among the proposed regulations is a proposed rule requiring employers to consider eliminating one or more essential functions of a job for up to 40 weeks…

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What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,” although transitory and minor impairments are ill-defined. Manufacturing and Disability The ADA defines “disability” in three ways: (1) a physical or mental…

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A Poor Performance Review Does Not Create a Hostile Work Environment

In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive…

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