Pregnant Workers Fairness Act becomes effective June 27

The Equal Employment Opportunity Commission (EEOC) will begin enforcing the Pregnant Workers Fairness Act (PWFA) on June 27. However, the agency hasn’t yet issued the legally required guidance. Sen. Bill Cassidy (R-La.) sent a letter to EEOC Chair Charlotte Burrows on June 8, 2023, asking why the agency hasn’t yet proposed regulations to implement the Act. Vice Chair Jocelyn Samuels has said as recently as last week that employers can expect the proposed guidance to be issued in the near future.

EEOC issues guidance on artificial intelligence and employment actions

The EEOC issued guidance on employers’ use of artificial intelligence in employment decision making: “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.” The agency makes clear that the improper use of AI could violate Title VII of the Civil Rights Act of 1964 when used to make employment decisions. The guidance defines AI broadly and specifically reminds employers that the 4/5 rule is a “rule of thumb” and may not be appropriate in all circumstances.