As featured in #WorkforceWednesday: This week, we’re analyzing the National Labor Relations Board’s (NLRB’s) recent Stericycle decision, the Equal Employment Opportunity Commission’s (EEOC’s) proposed rule on pregnant workers’ rights, and the EEOC’s first-ever artificial intelligence (AI) anti-discrimination lawsuit settlement.
Link to NLRB Issues Stericycle Decision NLRB Issues Stericycle Decision
The NLRB has issued its long-anticipated Stericycle decision, changing its standard for evaluating the legality of employee handbook policies and other workplace rules. Both union and non-union employers should re-evaluate their workplace policies in light of the new standard.
Link to EEOC Proposes New Rule on Pregnant Workers’ Rights EEOC Proposes New Rule on Pregnant Workers’ Rights
On August 11, 2023, the EEOC released a proposed rule to implement the Pregnant Workers Fairness Act, which went into effect on June 27. The proposed regulations include expanded potential accommodations, as well as an expanded definition of who is a “qualified individual” under the law.
Link to EEOC Settles First AI Anti-Discrimination Lawsuit EEOC Settles First AI Anti-Discrimination Lawsuit
The EEOC has also publicly reported the settlement of its first-ever AI anti-discrimination lawsuit in a case targeting age bias in the hiring process. This case shows that the EEOC will not hesitate to pursue AI-related charges against employers, despite limited guidance on the technology.
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