Disability, Accommodations, and Leaves

Memo
24-202
Thursday, December 5, 2024

The Department of Labor has proposed phasing out a program that allows payment of “subminimum wages” to individuals with disabilities. Comments are due by January 17, 2025, the last business day during the Biden Administration.


Memo
24-201
Wednesday, December 4, 2024

A new opinion letter expresses the Labor Department’s view that FMLA leave is available to eligible employees that participate in clinical trials, regardless of whether they receive an experimental treatment or a placebo.


Memo
24-196
Thursday, November 21, 2024

Our brief argues that Title I of the ADA should be interpreted to allow only qualified individuals to sue for employment discrimination, and that an interpretation otherwise could have serious consequences to both employers and employees.


Memo
24-189
Monday, November 11, 2024

Limited enforcement data reported by the Labor Department under the Family and Medical Leave Act show that DOL findings of violations have increased for the second year in a row.


Memo
24-180
Monday, October 28, 2024

In a win for employers, a federal appeals court has denied a former employee’s FMLA interference and retaliation claim because he did not seek certification of his chronic serious health condition in advance.


Memo
24-170
Thursday, October 10, 2024

The Supreme Court has agreed to hear several cases during its upcoming term which could impact employment law compliance. Our memo provides a summary.


Memo
24-164
Monday, September 30, 2024

Our updated template is designed to assist CWC’s federal contractor members with meeting their OFCCP compliance obligations toward individuals with disabilities and protected veterans.


Memo
24-155
Monday, September 16, 2024

The EEOC’s first lawsuit brought under the PWFA serves as a reminder that federal law now requires an employer to provide reasonable accommodations to employees for known limitations related to pregnancy.


Memo
24-154
Thursday, September 12, 2024

Our updated ADA Reasonable Accommodation Compliance Guide answers questions that could arise as an employer works through the interactive process laid out in Americans with Disabilities Act compliance guidance issued by the Equal Employment Opportuni


Memo
24-149
Thursday, September 5, 2024

A bill sponsored by Republican Vice-Presidential candidate J.D. Vance has drawn attention from some of our members. CWC’s memo explains the bill’s potential impact if enacted.


Memo
24-118
Tuesday, July 16, 2024

Five years after the EEOC rescinded portions of agency regulations dealing with ADA/GINA-compliant incentives offered in conjunction with corporate wellness plans, the EEOC has now officially rescinded interpretive guidance issued in conjunction with


Memo
24-106
Monday, June 24, 2024

Federal district courts have reached different conclusions in assessing challenges to controversial parts of the EEOC’s regulations implementing the Pregnant Workers Fairness Act. Our memo explains.


Memo
24-071
Tuesday, April 23, 2024

CWC’s written comments to the EEOC agree that its recently revised procedural regulations are consistent with changes required by enactment of the Pregnant Workers Fairness Act. At the same time, we express concern that the agency finalized the regul


Memo
24-068
Thursday, April 18, 2024

CWC WEB WORKSHOP on April 30, 2024. The EEOC, over the objection of two of its Commissioners, has issued final regulations interpreting the Pregnant Workers Fairness Act, giving the law an expansive reading that is almost certain to be challenged in


Memo
24-042
Tuesday, March 5, 2024

The U.S. Bureau of Labor Statistics’ latest annual report on labor force participation by people with disabilities shows steady progress over the last ten years, while still underscoring the challenges they have in finding work compared to nondisable


Memo
24-019
Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.


Memo
24-008
Wednesday, January 10, 2024

A federal appeals court has ruled that a request for open-ended leave by a casino worker who violated her employer’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act.


Memo
23-202
Wednesday, October 18, 2023

Highlighting a long time split among the federal appeals courts as to whether the ADA allows a former employee to bring a discrimination claim, the Eleventh Circuit has ruled once again that the answer is no.


Memo
23-200
Monday, October 16, 2023

CWC has filed written comments with the Equal Employment Opportunity Commission on the agency’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act. While we support many of the proposed provisions as consistent with


Memo
23-178
Monday, September 11, 2023

Joining two other federal circuit courts, the Fourth Circuit has ruled that retaliation claims brought under the Americans with Disabilities Act are limited to “equitable” relief only.


Memo
23-173
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The U.S. Department of Justice has proposed comprehensive revisions to its regulations under the public sector provisions of the Americans with Disabilities Act pertaining to web accessibility for individuals with disabilit


Memo
23-157
Tuesday, August 8, 2023

The EEOC’s updated guidance on visual impairments in the workplace, issued in conjunction with the anniversary of the Americans with Disabilities Act, highlights new methods for providing reasonable accommodations and ways to mitigate the potential d


Memo
23-143
Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.


Memo
23-132
Wednesday, July 5, 2023

The Supreme Court has ruled that an employer must be able to show that a requested religious accommodation under Title VII will result in substantial cost to its business before the employer can deny the accommodation.


Memo
23-129
Wednesday, June 28, 2023

To accommodate federal contractors that may have predominantly foreign language segments of their workforce, OFCCP is now making available versions of its prescribed disability self-ID form (CC-305) translated into several different foreign languages


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