News & Analysis as of

Abortion Employer Liability Issues

Bass, Berry & Sims PLC

New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and Dates

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In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a...more

UB Greensfelder LLP

States and Religious Entities Challenge EEOC’s Final Rule Mandating Accommodations for Elective Abortions under the Pregnant...

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On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. Under the PWFA, a covered employer with 15 or more employees is required to provide a reasonable accommodation to a qualified employee’s or...more

Poyner Spruill LLP

Pregnant Workers Fairness Act Faces Major Pushback from Religious Organizations and Conservative States

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A federal judge in Louisiana granted a temporary injunction that prevents the Equal Employment Opportunity Commission (“EEOC”) from enforcing protections for workers seeking an abortion....more

CDF Labor Law LLP

EEOC Regulations On Pregnancy Workers Fairness Act Partially Enjoined Before Implementation

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Earlier this spring, we published an article detailing the highlights of the United States Equal Employment Opportunity Commission’s (“EEOC”) new 408-page regulations on the Pregnancy Workers Fairness Act (“PWFA”)....more

Akerman LLP - HR Defense

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How...more

Epstein Becker & Green

EEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States

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Less than one week after the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA),...more

Fisher Phillips

Workplace Law Update: 12 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Paul Hastings LLP

Right to Reproductive Health Care Privacy

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HHS announced modifications last week to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule, that will strengthen privacy protections for reproductive health care information. The Final...more

Butler Snow LLP

Pregnant Pause? Lawsuit Attempts to Halt the EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act

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To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance to implement the Pregnant Workers...more

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Long-Awaited Guidance on Harassment in the Modern Workplace

On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment. The “Proposed Enforcement Guidance on Harassment in the Workplace,” published in the...more

Epstein Becker & Green

Second Circuit Permits Challenge to New York Reproductive Decision-Making Law

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The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Epstein Becker & Green

New York Law Prohibiting Discrimination Based on Reproductive Decision-Making Faces Scrutiny in the Second Circuit

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The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Bodman

Michigan Amends Civil Rights Act To Include Abortion Protections

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On May 17, 2023, Governor Whitmer signed Senate Bill 147, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit employers from discriminating against employees based on their decision to terminate a...more

Jones Day

A Review of 2022 Labor & Employment Legislation in California

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The California Legislature passed a number of new and important labor and employment laws during its 2022 session. ...more

Ervin Cohen & Jessup LLP

California Prohibits Discrimination Due to Reproductive Health Decisionmaking

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In response to recent Supreme Court decisions and laws in other states outlawing abortion, California passed a number of new laws designed to protect reproductive rights in the state. These include bills to prohibit a person...more

McDermott Will & Emery

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing

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Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be...more

Epstein Becker & Green

Video: EEOC Targets Abortion Travel, Midterm Results, and SCOTUS Declines COVID-19 WARN Act Case – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due...more

Jackson Lewis P.C.

Employers Should Note Post-Midterms State Law Changes

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As the final tally of ballots comes in for many electoral races across the country, the outcomes of the various state ballot measures that were also part of the Nov. 8 midterm elections could require changes to employers’...more

Manatt, Phelps & Phillips, LLP

[Webinar] Employer Uncertainty Post-Dobbs - November 29th, 10:00 am - 11:00 am PT

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the...more

Jackson Lewis P.C.

The Aftermath of U.S. Supreme Court’s Dobbs: Where Are the States in Fall 2022?

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The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), which ended a nearly 50-year precedent...more

Locke Lord LLP

Employers Should Keep Title VII in Mind When Navigating Supreme Court’s Dobbs Decision

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The Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization created various employment law issues for employers. We previously addressed some of these issues in a July 2022 publication....more

Lowenstein Sandler LLP

Reproductive Rights: FAQs for Employers in New Jersey

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GENERAL INFORMATION- Is abortion still legal in NJ?- Yes, abortion is still legal in New Jersey. Abortion is an independent and fundamental right protected by both the New Jersey Constitution and state legislation....more

Polsinelli

Med-Staff Newsletter - August 2022 | VOL 10

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Whether you are new to medical staff leadership or have served in the past and have been called to serve again, there are times when you will need to consult a lawyer who specializes in medical staff matters. While there is...more

Troutman Pepper

What Can The Handmaid’s Tale Teach Us About Corporate Abortion Policies? - Hiring to Firing Podcast

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In Episode 5 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Troutman Pepper Partners Ashley Hager and Lynne Wakefield to discuss the hit show The Handmaid’s Tale and...more

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