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
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.
According to the latest annual report (covering 2021) prepared by the Labor Department’s Bureau of Labor Statistics, the percentage of individuals with disabilities in the U.S. workforce has increased over the last decade.
Thursday, February 24, 2022
According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent
Monday, December 20, 2021
The Equal Employment Opportunity Commission has updated its FAQs on COVID-19 and the federal EEO laws to provide additional guidance as to when COVID-19 may constitute a disability covered by the Americans with Disabilities Act.
Wednesday, November 3, 2021
The House of Representatives, on a bipartisan vote, recently approved a bill (the “Providing Urgent Maternal Protection for Nursing Mothers Act”) that would extend and strengthen the right of employees to workplace accommodations in order to express
The New Jersey Supreme Court, interpreting state law, has weighed in definitively on an issue that also arises under the ADA, that is, whether a plaintiff with a disability attempting to prove a failure-to-accommodate claim must also show that the fa
CWC is pleased to present an updated version of our FMLA Compliance Outline to assist our members in addressing common compliance issues that arise under the Family and Medical Leave Act.
Picking up where it left off last year, the Democrat-controlled House of Representatives has been busy passing major bills that would significantly change federal employment law. As our memo explains, however, only one of these bills appears to have
The comprehensive American Families Plan proposed recently by President Biden to a joint session of Congress includes a broad paid leave mandate that the White House estimates will cost $225 billion over ten years.
During outgoing OFCCP Director Craig Leen’s tenure, he instituted so-called “focused” compliance reviews concentrating on just one of the laws enforced by the agency. Before leaving office, he released a report summarizing the results of focused revi
Thursday, December 31, 2020
OFCCP is asking for approval from the government’s paperwork reduction watchdog to begin using two new desk audit scheduling letters, one focused on a federal contractor’s promotion practices and the other on a contractor’s accommodation practices.
Tuesday, December 1, 2020
Widening a split among the federal appeals courts, and contrary to the position taken by the EEOC, the Fourth Circuit has ruled that declining to give preference in reassignment to an individual with a disability over more qualified candidates does n
Friday, September 25, 2020
According to this federal appeals ruling, “[a]n employee who can, with some difficulty, perform the essential functions of his job without accommodation nevertheless remains eligible to request and receive a reasonable accommodation” under the ADA.
Friday, September 25, 2020
Our comments to the Department of Labor on two separate “Requests for Information” seeking input on leave issues offer a number of recommendations for changes that we believe would help to mitigate some of the current compliance challenges faced by e
Several rulings by the U.S. Supreme Court this past term favored religious rights, although the effect on most private sector employers was negligible. Nevertheless, the Court sent out signals that it may be getting ready to revisit the standard unde
Late last year, Congress approved a measure that establishes a generous new taxpayer-funded benefit for employees of the federal government – namely, 12 weeks of paid parental leave. The agency that administers the program has now issued implementing
In a case of first impression, the appeals court has ruled that an ADA lawsuit can continue to allow the plaintiff to attempt to show that her genetic mutation is a covered disability under the law.
In an action that has been expected for some time now, DOL is asking for public input on whether its regulations under the FMLA can be improved. In a separate but related action, DOL wants to hear from stakeholders on the efficacy of mandated paid le
This instructive ruling by the appeals court makes clear that an employee seeking a religious accommodation cannot simply demand his or her preferred solution, but “has a duty to make a good faith attempt to accommodate his religious needs through th
ODEP has made public the results of a 2018 voluntary survey it conducted on employer practices designed to enhance the employment of people with disabilities. ODEP concludes that while progress has been made, there is still a long way to go.
Friday, June 19, 2020
OFCCP compliance officers are now routinely asking federal contractors for more detailed information on how they evaluate their outreach efforts designed to recruit veterans and individuals with disabilities in conjunction with a compliance audit. CW
The sitting EEOC Commissioners have voted to publish a proposal that addresses how employers can provide incentives in an employee wellness plan without violating the Americans with Disabilities Act. It could be months, however, before the proposal i
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) broadened the scope of who is protected as a “regarded as disabled” individual under the law. This case illustrates how that matters.
Federal contractors undergoing an OFCCP Section 503 Focused Review have been routinely receiving a Request for Information after submitting their desk audit responses asking for additional information. We’re providing a template of the RFI that OFCCP