Responding to the recent United States Supreme Court decision in Young v. UPS, the U.S. Equal Employment Opportunity Commission has issued revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. In its press release announcing the updated guidance, the Agency explained the update to its previously released guidance were limited in scope and tailored to address the recent Supreme Court decision which dealt with the issue of a woman’s ability to establish pregnancy discrimination based on an employer’s accommodation practices. Early this year the OFCCP relied on EEOC’s initial pregnancy discrimination guidance for  a portion of the Agency’s proposed Sex Discrimination Rules.  With the Supreme Court decision in Young coming days before the close of the public comment period for the proposed rules, OFCCP extended the comment period to allow the public time to comment on the implications of the court ruling on the Agency’s proposal.  How OFCCP will address and/or incorporate the court ruling and EEOC’s revised guidance in its final rules remains to be seen.  The public comment period for the proposed Sex Discrimination Rules closed in April 2015 and the final rules are anticipated late this year.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.