ADA/Section 503

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

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.

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, 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.

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,

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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
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

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