Posts by Amanda Tzivas

Amanda Tzivas

Associate

312-704-3003

Amanda Tzivas assists employers throughout every stage of the litigation process in labor and employment matters. She represents them in both state …

Showing 7 posts by Amanda Tzivas.

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

April 26, 2024 by Amanda Tzivas

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

| Email | Print | Topics: DOL, Employee, Employer, Employment, Fair Labor Standards Act, Health and Safety, Labor and Employment, Occupational Safety and Health Administration, OSHA, U.S. Department of Labor, Unions, workplace inspections, Workplace Safety

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

April 18, 2024 by Amanda Tzivas

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

| Email | Print | Topics: Accommodation, Employee, Employee Benefits, Employer, Employer Policies, Employment, Equal Employment Opportunity Commission (EEOC), Labor and Employment, Lactation Accommodations, Pregnant Worker Fairness Act, Pregnant Worker Protections, Reasonable Accomodation, U.S. Department of Labor, Workplace Accommodation

OSHA Announces Proposed Rule Change Expanding Authorized Employee Representation During Workplace Inspection to Include Union Officials and Other Non-Employees

September 19, 2023 by Amanda Tzivas

On August 30, 2023, the U.S. Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend its regulations regarding who employees may authorize to act as their representative and accompany the Compliance Safety and Health Officer (CSHO) during physical workplace inspections. Under the NPRM, the employees may designate an employee of the employer or a non-employee third party whose relevant experience with particular hazards or conditions or language skills are deemed reasonably necessary to conduct an effective and thorough inspection by the CSHO. Specifically, the NPRM clarifies that these non-employees may include interpreters, officials with advocacy groups or local safety counsels, and union representatives. More ›

| Email | Print | Topics: OSHA, Unions, workplace inspections

EEOC Announces Proposed Regulations to Enforce the Pregnancy Workers Fairness Act

August 15, 2023 by Amanda Tzivas

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) published a notice of proposed rulemaking (NPRM) to issue regulations that would support the implementation and enforcement of the Pregnant Workers Fairness Act (PWFA).^[1]Enacted in 2022, the PWFA requires covered entities (i.e., private and public sector employees with at least fifteen employees, Congress, federal agencies, employment agencies, and labor organizations)^[2] to provide reasonable accommodations to qualified employees or applicants with known limitations relating to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the covered entities' business operations. The PFWA became effective on June 27, 2023. More ›

| Email | Print | Topics: ADA, Equal Employment Opportunity Commission (EEOC), Pregnant Worker Fairness Act, Pregnant Worker Protections

SCOTUS Strikes Down Affirmative Action in College Admissions as Unconstitutional, Raising Questions About the Impact on Employment Policies

July 5, 2023 by Amanda Tzivas

On June 29, 2023, the U.S. Supreme Court, in a 6-3 decision, held that the race-conscious admissions systems used by Harvard College (Harvard) and the University of North Carolina (UNC) are unconstitutional, prohibiting the consideration of an applicant's race when making an admission decision. The practice of considering an applicant's race when making an admission decision had previously been recognized by the court as lawful for 45 years. More ›

| Email | Print | Topics: Affirmative Action, SCOTUS

Interpreting SCOTUS Precedent, Seventh Circuit Unanimously Rejects the EEOC's Claim That Wal-Mart's Light Duty Program Discriminated Against Pregnant Workers

August 22, 2022 by Amanda Tzivas, Aimee E. Delaney

Seven years after the Supreme Court's decision in Young v. UPS articulated the legal standard required to establish intentional discrimination in the context of pregnancy discrimination, the United States Court of Appeals for the Seventh Circuit unanimously affirmed summary judgment in favor of the employer and its light duty policy, which was limited only to employees injured on the job. If you initially scratched your head and wondered how such a decision could be reached post-Young, we'll help unpack the apparent discrepancy. More ›

| Email | Print | Topics: Equal Employment Opportunity Commission (EEOC), Pregnancy Discrimination Act, Seventh Circuit Court of Appeals, Title VII

Third Circuit Ruling Helps Clarify Reasonableness of Accommodations in Resolving Conflict Between Work Requirements and Employee Religious Beliefs or Practices

June 13, 2022 by Amanda Tzivas

It just got harder to get out of working on the Sabbath on the basis of religion. The United States Court of Appeals for the Third Circuit recently issued its opinion in Groff v. Dejoy, rejecting a mail carrier's repeated attempts to avoid working on Sundays due to his religious beliefs. The Court's opinion centered on the reasonableness of accommodations that would adjust an employee's work schedule for religious reasons and ultimately concluded that granting Groff's request for a blanket exemption from Sunday work would have placed an undue hardship on the United States Postal Service. More ›

| Email | Print | Topics: Employer Policy, Religious Accommodation, Third Circuit Court of Appeals, Title VII, Workplace Accommodation

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

OSHA Announces Proposed Rule Change Expanding Authorized Employee Representation During Workplace Inspection to Include Union Officials and Other Non-Employees

EEOC Announces Proposed Regulations to Enforce the Pregnancy Workers Fairness Act

SCOTUS Strikes Down Affirmative Action in College Admissions as Unconstitutional, Raising Questions About the Impact on Employment Policies

Interpreting SCOTUS Precedent, Seventh Circuit Unanimously Rejects the EEOC's Claim That Wal-Mart's Light Duty Program Discriminated Against Pregnant Workers

Third Circuit Ruling Helps Clarify Reasonableness of Accommodations in Resolving Conflict Between Work Requirements and Employee Religious Beliefs or Practices

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