May 2025 Volume 7

OPERATIONS & MANAGEMENT

We also see comparative efforts in the courts. As an example, here, the Court of Appeals for the Eighth Circuit found that state attorneys general could challenge the regulations for the Pregnant Workers Fairness Act (PWFA). The PWFA took effect in June 2023, and provides accommodations as related to “pregnancy, childbirth, or related medical conditions.” The implementing regulations directed that these accommodations apply to individuals who need an accommodation due to an abortion. Seventeen states had challenged the rule – and specifically the abortion protections. Initially, their efforts were denied due to lack of standing. The appellate court disagreed, so that they can continue their challenge. Of course, federal laws – including Title VII of the Civil Rights Act of 1964 and the NLRA – continue to apply. Indeed, per the EEOC: “Title VII’s protections apply equally to all workers. Different treatment based on race, sex, or another protected characteristic can be unlawful discrimination, no matter which employees or applicants are harmed. This has been the long standing position of the EEOC and the Supreme Court.” Additionally, employers need to continue to be aware of state laws and requirements, which sometimes can impose obligations in addition to those from the federal government. As a recent example, President Trump issued an executive order directing that the government take all actions to end “gender affirming

care”. However, the New York Attorney General instructed that, should hospitals refuse such services on the basis of an individual’s protected status, their actions would be discrimination under state law. As always, I mean this article to be helpful and informative, but it is not legal advice. Please direct your questions to your counsel. And rest assured, we employment lawyers are watching all these changes and will continue to do so. References: 1. www.eeoc.gov/wysk/what-you-should-know-about-dei-related discrimination-work. 2. www.ag.ny.gov/sites/default/files/letters/ag-james-to-hc-providers re-tro-letter-2025.pdf. Johanna Fabrizio Parker Partner, Labor & Employment Benesch Friedlander Coplan & Aronoff LLP Email: JParker@beneschlaw.com Phone: 216-363-4585

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