The final rules on the PWFA have been published by the EEOC and provides clarification on reasonable accommodations for known limitations of employees and applicants related to pregnancy, childbirth, or related medical conditions. While the PWFA has been in force since June 2023, the final rules provide more details on “reasonable accommodations” and goes into effect on June 18, 2024, and applies to employers with 15 or more employees. The PWFA closely follows the definitions from the American Disability Act for “reasonable accommodations” and “essential functions” of the position. An interactive process between Human Resources or Manager and the employee is a good place to start in determining what reasonable accommodations may be needed.  Note: the PWFA focuses on providing accommodations; other laws make it illegal to discriminate.

Guidance regarding workplace harassment, involving unwelcome and offensive conduct, reiterates that sex-based discrimination and harassment includes conduct based on race, color, national origin, sex (including sexual orientation, gender identity, and pregnancy-related medical conditions), religion, disability, age (age 40 or older) or genetic information. Also, the guidance extends to harassing conduct outside the workplace, such as a work conferences. The EEOC also clarified that such conduct can include electronic communications using private phones, computers, or social media accounts, to the extent they impact the workplace. The guidance includes examples, such as two employees making racist and offensive jokes about a coworker on a social media service using non-work-related accounts.  

​Non-Compete Clauses Updates
 
On April 23rd, Federal Trade Commission(“FTC”) announced it has adopted a Final Rule that would ban almost all employee non-compete agreements in the United States. 
 
According to the FTC, non-compete agreements often impose contractual conditions that prevent employees from taking a new job or starting a new business. Employees with non-competes are often forced to either stay in a job they want to leave or bear other significant harms and costs, such as being forced to switch to a lower-paying field, relocate, leave the workforce altogether, or to defend against expensive litigation. The FTC’s final rule to ban non-competes will ensure employees have the freedom to pursue a new job, start a new business, or bring a new idea to market.
 
The new Rule is scheduled to go into effect the end of August 2024; however, challenges have already been files in regard to if the FTC has the authority to implement a ban on non-competes.  In the Rule, there are exceptions and notification requirements. 

More information can be found at: 
Fact Sheet on FTC’s Proposed Final Noncompete Rule | Federal Trade Commission