ADA/Section 503

Memo
22-116
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.


Memo
22-094
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


Memo
22-068
Monday, April 11, 2022

According to enforcement statistics covering fiscal year 2021 released recently by the EEOC, both the number of discrimination charges filed and the number of charges resolved hit 30-year lows last year.


Memo
22-069
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.


Memo
22-005
Monday, January 10, 2022

CWC is pleased to present the latest in our ongoing series of memos summarizing recent court rulings dealing with workplace issues that impact our members.


Memo
21-216
Thursday, November 4, 2021

In response to COVID-19 vaccine mandates, the Biden Administration has issued a number of templates designed to provide employers with guidance on responding to religious and disability accommodation requests. The templates raise questions, however,


Memo
19-219
Tuesday, October 19, 2021

OFCCP has posted 27 new enforcement settlements since our last update just a few months ago. In addition, there have been significant new developments in four separate formal enforcement actions that the agency is litigating. Our memo provides the de


Memo
21-205
Monday, October 18, 2021

The Equal Employment Opportunity Commission has updated its guidance for employers on how their policies in response to the coronavirus pandemic interact with federal EEO laws. The revisions focus primarily on clarifying guidance previously provided.


Memo
21-202
Wednesday, October 13, 2021

Our latest memo on OFCCP jurisdictional issues looks at the agency’s use of a five-factor “single entity” test in determining whether a particular entity is subject to OFCCP requirements.


Memo
21-201
Tuesday, October 12, 2021

The three federal agencies that administer the complex rules regarding corporate wellness programs have issued new guidance concerning how employers are permitted to use incentives to encourage employee COVID-19 vaccinations.


Memo
21-173
Thursday, September 2, 2021

CWC is pleased to introduce a new member resource, our “Self-ID FAQ Resource,” that covers the most frequently asked questions about the “invitation to self-ID” requirements that our compliance experts typically receive.


Memo
21-165
Thursday, August 19, 2021

The White House Office of Management and Budget has given OFCCP the go-ahead to begin using a new compliance evaluation scheduling letter directed specifically to federal construction contractors and subcontractors.


Memo
21-161
Monday, August 16, 2021

A closer look at OFCCP enforcement data comparing the Obama and Trump Administrations may offer some insight as to what federal contractors can expect over the next several years.


Memo
21-151
Monday, August 2, 2021

As a follow-up to our recent memo on the “basics” of OFCCP’s jurisdictional coverage, this memo focuses on who qualifies as a covered OFCCP subcontractor.


Memo
20-256
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.


Memo
20-200
Monday, December 21, 2020

Executive Order 13950 barring a covered federal contractor from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating” also includes a notice requirement. The text


Memo
20-243
Wednesday, December 9, 2020

OFCCP’s recently published FY 2020 enforcement numbers show a slight drop in audits closed during the previous year, but still an impressive amount in financial settlements. The numbers also confirm the increasing use of Early Resolution Conciliation


Memo
20-237
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


Comments and Testimony
20-228
Tuesday, November 17, 2020

CWC has filed written comments with OFCCP on that agency’s announced intent to implement a new online “Affirmative Action Program Verification Interface” that among other things would require federal contractors to certify annually that they have dev


Memo
20-226
Wednesday, November 11, 2020

OFCCP has issued a new rule codifying into regulations the process used by the agency to notify a federal contractor of alleged material violations discovered during a compliance audit. As explained in our memo, the final rule helpfully addresses con


Memo
20-225
Wednesday, November 11, 2020

OFCCP has issued a new and improved technical assistance guide for federal non-construction contractors. Our memo provides an overview, with more memos in the works that will focus in on some of the TAG’s nuances.


Memo
21-219
Sunday, November 8, 2020

In the last in our refresher series of memos on how OFCCP claims jurisdiction over a company that contracts or subcontracts with the federal government, we examine the minimum dollar thresholds.


Memo
20-218
Monday, November 2, 2020

Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.


Memo
20-217
Monday, November 2, 2020

In the latest example of how the proliferation of state medical marijuana laws has made it more difficult for employers to enforce drug-free workplace policies, a federal court has ruled that an employee can sue for discrimination under Pennsylvania’


Memo
20-209
Wednesday, October 21, 2020

The EEOC has finalized revisions to its procedural regulations first proposed in 2019 that will now specifically allow an individual to file a discrimination charge with the agency online. As our memo explains, the revised regulations essentially ado


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