Are You In Compliance with the Pregnant Workers Fairness Act That Went Into Effect April 1st?

If you have not taken steps to comply with the Pregnant Workers Fairness Act (“PWFA”), you are already in violation of the statutory mandate related to required postings.  Specifically, all employers with six or more employees were required to provide a notice as of April 1st to all employees (either in an Employee Handbook, stand-alone policy, or other written means) setting forth employee rights under the PWFA, including rights to be free from discrimination and to an accommodation.  In addition to this initial notice, employers are required to provide the same notice to all new employees at date of hire on a going-forward basis, as well as to any pregnant employee or employee with a pregnancy-related condition within 10 days of the employer being notified by the employee of the pregnancy or pregnancy-related condition, including but not limited to lactation or the need to express breast milk for a nursing child.

If you need any assistance in drafting an appropriate notice for distribution, please contact any member of Mirick O’Connell’s Labor, Employment & Employee Benefits Group.

About Bob Kilroy

Bob is a partner and chair of the firm's Labor, Employment and Employee Benefits Group, where he specializes in employment litigation in defense of corporations and their executives. He routinely appears in federal and state courts throughout New England and beyond, as well as before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the Civil Service Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, and wage payment violations. Bob also has extensive experience in both defense and enforcement of non-compete agreements. In addition, he represents management for both governmental and private-sector employers in grievance arbitrations filed by unions, with particular emphasis on the health care industry. Apart from his employment litigation practice, Bob advises clients on a broad range of employment and human resource-related issues.
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