As we’ve reported before, the EEOC is the federal agency that reviews, addresses and sometimes litigates employment discrimination and sexual harassment claims under Title VII. There’s a new EEOC announcement about its litigation focus to date this year and what it’s expected to be in 2025. We think you should know about it.
The EEOC’s Primary Focuses
The 110 lawsuits the EEOC filed in fiscal year 2024 emphasized emerging issues and advancing the rights of underserved and vulnerable workers. We’re here to tell you what issues seem to be coming up and what you should look out for.
The EEOC has focused on enforcing the PWFA (Pregnant Workers Fairness Act). As we’ve previously reported, the PWFA is a federal law that requires covered employers to provide reasonable accommodations to a worker’s limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation causes the employer an undue hardship. Since June 27, 2023, the PWFA requires employers to provide reasonable accommodations to employees who have a limitation due to pregnancy, childbirth, or related medical condition, including lactation.
Additionally, the agency continued systemic litigation as a substantial portion of the EEOC’s litigation case hold. What’s that? The EEOC defines systemic cases and the issues they address as a “pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location.” The EEOC filed 13 new systemic cases last fiscal year. These issues include workplace harassment, equal pay and access to the legal system.
The EEOC also continues to vigorously enforce the ADA (Americans with Disabilities Act), filing almost half of its lawsuits on behalf of workers with disabilities. Many cases challenge the employer qualification standards or other inflexible policies, such as those requiring employees to work with no medical restrictions without consideration of possible accommodations or those that give out demerits to employees when they’re absent because of a disability.
Overall, the EEOC’s recent lawsuits prioritize addressing persistent forms of employment discrimination, such as recruitment and hiring discrimination and systemic harassment, as well as emerging issues and vulnerable populations. Its work seems to track the EEOC’s Strategic Enforcement Plan for Fiscal Years 2024-2028.
Words of Caution for New York Employers
Whew! That was a lot of information, and here’s why we’re telling you about it.
Given the EEOC’s press release, we want you to be especially mindful when dealing with pregnant employees or those with medical conditions or disabilities. The EEOC’s lawsuits tend to allege that employers failed to provide reasonable accommodations to workers who were entitled to them and also fired employees as a result. If an employee arguably needs an accommodation under the PWFA, ADA, or other laws, be sure to approach the situation with due consideration. This is a meaningful risk that merits reaching out to legal counsel, because you don’t want to be caught in the EEOC’s crosshairs. Indeed, Buffalo’s EEOC office has a strong bench with accomplished litigators.
Remember that New York has workplace discrimination-related laws as well. So New York employers shoulder a double whammy from both the State and federal governments.
That’s even more reason to stay up to date.
So don’t be afraid to secure guidance from your legal counsel whenever this becomes an issue. Be cautious. Make sure to educate yourself about these issues. Know what you’re required to provide and when you’re required to provide it.
Talk it over with legal counsel. It’s worth the call.
What’s Next?
We want you to be prepared with enough information to spot these issues and know when to reach out for guidance so we’ll keep updating you as we learn more about the focus of these government agencies.
If you need help on this or other employment or personnel issues, simply reach out.
You can connect with us on social, by calling us at 716.839.9700, or by emailing info@coppolalegal.com. We’re here to help.
