Pregnant Workers Fairness Act

Julia Hooten and Jennifer Milak

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. Intended to bridge the gap between other pregnancy protections and the ADA, the PWFA requires public and private employers with 15 or more employees to provide “reasonable accommodations” to an employee or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the…

Frequently Asked Employer Questions: Auditing Employee Pay Structures

Jennifer Milak and Luke West

Question What impact do the recent collective bargaining agreements equalizing pay between the Men’s and Women’s US Soccer teams have on employers outside of professional sports? Answer Following protracted equal pay litigation, the U.S. Soccer Federation has agreed to pay the U.S. Men’s National Team and the U.S. Women’s National Team equally, which (at least…

Frequently Asked Employer Questions: State Health Plan and Gender Affirming Medical Services

Julia Hooten and Luke West

Question Must the North Carolina State Health Plan provide transgender employees with gender affirming medical services (hormone therapy, surgery, and other affirming treatments)? Answer As of now, yes. A District Court judge has ruled in Kadel v. Folwell that refusal to cover gender confirmation procedures and treatment violates the Equal Protection Clause and Title VII of the…

The Equality Act: Reinforcing Bostock and Dealing with Workplace Harassment

Julia Hooten

On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation. Flash forward nearly a year…