ADA/Section 503

Thursday, May 9, 2024

The EEOC has filed a rare friend-of-the-court brief in a federal district court case arguing that an AI software vendor can be liable under federal anti-discrimination laws if the use of its product by an employer allegedly discriminates against a pr

Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.

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.

Wednesday, October 25, 2023

CWC is pleased to present an updated version of our primer on workplace harassment prevention and risk mitigation strategies.

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.

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

Monday, October 2, 2023

Public comments made recently by a senior official at the Equal Employment Opportunity Commission that the PWFA’s coverage is not limited to women have prompted questions from our members to explain how. Our memo delves into the issue.

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

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

Tuesday, May 30, 2023

In a case that illustrates that the EEOC’s authority to demand whatever information it wants is not limitless, the 11th Circuit has ruled that an agency subpoena demanding information from multiple company facilities was not relevant to the charge it

Tuesday, May 23, 2023

MEMBER FEEDBACK REQUESTED. The EEOC has updated its “What You Should Know About COVID-19 and the ADA” guidance to remind employers that even though the COVID-19 public health emergency has expired, they still have obligations under the Americans with

Wednesday, March 29, 2023

MEMBER FEEDBACK REQUESTED. OFCCP is asking the White House Office of Management and Budget for approval to extend OFCCP’s Section 503 and Section 4212 recordkeeping requirements for another three years, with only minor changes to the prescriptive dis

Wednesday, March 22, 2023

MEMBER FEEDBACK REQUESTED. The issuance of so-called Commissioner charges by the individual EEOC Commissioners took a big jump last year, with no clear indication as to why. Our memo explains what a Commissioner charge is, and its implications for an

Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.

Wednesday, January 25, 2023

CWC has filed written comments with OFCCP asking the agency to relax its rigid requirement that federal contractors must use the agency’s prescribed disability self-ID Form CC-305 despite ample evidence that the form is not effective in encouraging i

Wednesday, January 4, 2023

According to final Fiscal Year 2022 enforcement numbers available from the Department of Labor, there was a drop of more than 25% in audits completed by OFCCP and a more than 50% decrease in audits scheduled by the agency as compared to the previous

Tuesday, October 25, 2022

We expected the Biden Administration’s Labor Department to be more aggressive in filing formal OFCCP-related administrative lawsuits, but that hasn’t been the case until now. Things may be changing, however, as our memo explains.

Tuesday, September 27, 2022

MEMBER FEEDBACK REQUESTED. OFCCP regulations require covered federal contractors to make their Section 503/VEVRAA AAPs “available” to applicants and employees upon request. The regulations don’t address how this should be done in a remote work enviro

Monday, September 19, 2022

A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.

Thursday, September 8, 2022

As with the FMLA and the NLRA, the ADA contains a so-called interference clause in addition to its anti-retaliation provision. Given the dearth of case law interpreting the clause, a recent ruling by the Sixth Circuit Court of Appeals provides some h

Tuesday, August 23, 2022

In a case of first impression, the Fourth Circuit Court of Appeals has ruled that “gender dysphoria” is a covered disability under the ADA, distinguishing the condition from otherwise excluded “gender identity disorders.”

Tuesday, July 26, 2022

MEMBER FEEDBACK REQUESTED. The EEOC has posted the latest update to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws FAQs.

Thursday, June 16, 2022

As the June 30 deadline for federal contractors to certify with OFCCP’s new AAP-VI approaches, many CWC members have questions about what it means to have “developed and maintained” their AAPs. Our memo and attached checklist provide guidance.

Tuesday, May 17, 2022

In another example of the EEOC’s growing scrutiny of how the use of Artificial Intelligence tools intersects with the laws the agency enforces, the Commission has issued new technical assistance guidance on ensuring that AI tools don’t violate the AD

Monday, April 11, 2022

Addressing an issue that has split the federal courts for almost 30 years, the Department of Justice has issued guidance taking the position that the public accommodations requirements of the Americans with Disabilities Act cover websites.

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