Not All April News Was Bad News
April offered a few headlines that gave me hope for making workplaces better for all.*
Expanded Protections for Pregnant Workers
Pregnant Workers Fairness Act (PWFA) final regulation to carry out the law: The EEOC issued its final regulation to carry out the PWFA, which was passed in 2022, went into effect June 2023, and now the April issuance of the EEOC’s final regulation helps folks hold their employers accountable for violations of the PWFA.
The PWFA prohibits punishing or retaliating against a pregnant employee who needs to take leave or requests accommodation during pregnancy
It expands protections for pregnant employees who work at private or public employers with more than 15 employees.
FTC Votes to Ban New & Invalidate Existing Non-Competes
The FTC voted to ban most non-competes: While several lawsuits have already been filed and more are expected, the FTC voted to ban most non-competes, retroactively voiding non-competes and prohibiting companies from using them moving forward.
It's a powerful rule for employees as companies use non-competes to restrict employees’ ability to work for a “competitor”, open their own company, or work in a certain geographic area. Companies use non-competes to threaten or file a lawsuit to curtail the employees’ future employment and opportunities.
This is huge news as more than 30 million Americans are estimated to be subject to an existing non-compete agreement.
The rule will go into effect in 120 days unless a court stops or pauses enforcement pending active litigation on the rule.
Pressure to Ban NDAs on Sexual Harassment Cases
The UK Government is considering a ban on non-disclosure agreements in sexual harassment cases after they found they were being “misused” to cover up wide-ranging allegations of sexual assault, sexual harassment, and discrimination.
Silencing survivors of workplace sexual harassment, assault, and discrimination often allows the conduct to continue.
In the US, former journalist Gretchen Carlson is at the forefront of a movement to ban non-disclosure agreements at the state level as she has said they are used to unfairly silence employees who have been harmed.
Enhancing Workplace Transparency & Balancing Power Dynamics
April brought several promising developments in the realm of workplace fairness.
The Pregnant Workers Fairness Act (PWFA) received further reinforcement with the issuance of final regulations by the EEOC, ensuring pregnant employees are protected from discrimination and retaliation. The FTC's ban on most non-compete agreements marks a significant victory for workers, aiming to liberate millions from restrictive employment practices. And the UK Government's consideration of a ban on non-disclosure agreements in sexual harassment cases reflects a growing global awareness of the importance of transparency in addressing workplace misconduct.
These strides, coupled with recent legal rulings such as the NLRB's stance invalidating broad non-disparagement and confidentiality provisions, reflect greater acknowledgement of the significant power that employers wield in silencing and limiting former employees’ opportunities.
Embracing a work culture of transparency - that applies to current AND former employees - not only fosters a more just work environment for all but also cultivates a culture of trust and accountability beneficial to all stakeholders.
*Note, I’m ignoring thousands of other April news headlines that gave me existential dread because I can’t live in the dumpster fire all the time.
Nothing in this post should be construed as legal advice. If you have questions about how these new rules pertain to you and your workplace, you should consult with an attorney before taking any action.
