ADA/Section 503

Memo
24-156
Tuesday, September 17, 2024

Our updated template is designed to assist CWC’s federal contractor members with meeting their OFCCP compliance obligations.


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
24-118
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Five years after the EEOC rescinded portions of agency regulations dealing with ADA/GINA-compliant incentives offered in conjunction with corporate wellness plans, the EEOC has now officially rescinded interpretive guidance issued in conjunction with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
24-080
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


Memo
24-013
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.


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
23-205
Wednesday, October 25, 2023

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


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
23-191
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.


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
23-107
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


Memo
23-103
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


Memo
23-066
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


Memo
23-058
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


Memo
23-021
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.


Memo
23-019
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


Memo
23-002
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


Memo
22-202
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.


Memo
22-183
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


Memo
22-176
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.


Memo
22-169
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


Memo
22-157
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.”


Memo
22-140
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.


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