Workforce Bulletin

On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA). The Final Rule will take effect on June 18, 2024.

Although the PWFA borrows language and concepts that employers are already familiar with from existing federal protections, the Commission’s proposed rule to implement the PWFA (“Proposed Rule”), issued in August 2023, emphasized that the PWFA’s protections are broader and intended to cover ...

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the entities that fall within its scope, including consumer reporting agencies (“CRAs”), furnishers, or users of consumer reports, the FCRA can also serve as a shield against certain state law tort claims.

In McKenna v. Dillion Transportation, LLC,  plaintiff, a truck driver named Frank McKenna, sued his former employer, Dillon Transportation, LLC, for ...