Disability, Accommodations, and Leaves

Monday, March 13, 2023

In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen

Wednesday, February 22, 2023

The EEOC has updated its nearly 10-year-old guidance on hearing disabilities in the workplace to take into account recent technological advances as well as to put a greater emphasis on an employer’s reasonable accommodation obligations with respect t

Wednesday, February 15, 2023

The Labor Department reports that in fiscal year 2022 it resolved the fewest number of administrative complaints filed under the Family and Medical Leave Act since the law was enacted in 1993.

Tuesday, February 14, 2023

Confirming a ruling issued by the court in a similar case decided 15 years ago, the Seventh Circuit has reaffirmed that an employer can discipline an employee for abusing FMLA leave if the employer has an honest belief that abuse is occurring.

Monday, January 30, 2023

The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and

Wednesday, January 18, 2023

A new law approved by the last Congress shortly before it adjourned expands the 2010 “Break Time for Nursing Mothers Act” to cover executives, managers, and professionals who were previously exempt from the law’s protection.

Wednesday, January 11, 2023

Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.

Thursday, November 10, 2022

The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s

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.

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.”

Wednesday, August 10, 2022

MEMBER FEEDBACK REQUESTED. CWC’s most recent virtual member roundtable featured a discussion of the compliance implications of the Supreme Court’s controversial abortion ruling in Dobbs v. Jackson Women’s Health Organization.

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.

Monday, July 18, 2022

New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.

Monday, July 11, 2022

This ruling by a divided three-judge panel of the federal appeals court serves as a reminder that a drug testing policy should be clear in its terms and applied consistently in order to minimize potential claims of discrimination.

Thursday, July 7, 2022

MEMBER ROUNDTABLE SCHEDULED. The Supreme Court’s recent ruling overturning the nearly 50-year-old Roe v. Wade decision is prompting questions from our members regarding how new abortion restrictions might intersect with their workplace compliance obl

Policy/Form/Notice Templates
Tuesday, June 21, 2022

A tool for evaluating disability and veteran outreach under OFCCP rules

Wednesday, June 15, 2022

The court’s ruling serves as a reminder that simply discouraging an employee from using FMLA leave can be enough to support an unlawful interference claim.

Tuesday, June 7, 2022

A ruling by the Third Circuit finding that the Postal Service did not discriminate by failing to provide a religious accommodation to an employee who refused to work on Sundays could serve as the vehicle for the Supreme Court to revisit Title VII’s r

How-To Guides and Checklists
Monday, June 6, 2022

A suite of resources to assist with planning, conducting, documenting and evaluation outreach efforts.

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.

Monday, March 28, 2022

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

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