The EEOC recently made its first update to its workplace pregnancy discrimination guidelines in nearly 30 years. The new guidelines expand the employment protection of women due to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth and make it clear that the EEOC expects employers to make the same accommodations that it would make to any other employee who was temporarily disabled. Under the new guidelines, refusal to do so would be grounds for further action. The new guidelines provide more explicit rules on how employers must accommodate these workers. The update was passed after a close vote by the EEOC, but could be affected by a US Supreme Court case coming up in the Court’s next session. For more information concerning the EEOC or the new guidelines, please call 937-223-1130 or email Kristina Curry or Matt Stokely.
AND ONE MORE THING. The Federal Court of Appeals for the Ninth Circuit, reversing a district court, has held that FedEx drivers in California are employees, not independent contractors, in an action brought by the drivers under the California Labor Code and the Family Medical Leave Act for employment expenses and unpaid wages. For more information or assistance regarding proper classification of workers as employees or contractors for tax, workers compensation, wage and hour or other purposes, please contact Jeff Senney.