Disability, Accommodations, and Leaves

Memo
24-019
Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.


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
23-202
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
23-178
Monday, September 11, 2023

Joining two other federal circuit courts, the Fourth Circuit has ruled that retaliation claims brought under the Americans with Disabilities Act are limited to “equitable” relief only.


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
23-143
Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.


Memo
23-132
Wednesday, July 5, 2023

The Supreme Court has ruled that an employer must be able to show that a requested religious accommodation under Title VII will result in substantial cost to its business before the employer can deny the accommodation.


Memo
23-129
Wednesday, June 28, 2023

To accommodate federal contractors that may have predominantly foreign language segments of their workforce, OFCCP is now making available versions of its prescribed disability self-ID form (CC-305) translated into several different foreign languages


Memo
23-127
Monday, June 26, 2023

MEMBER FEEDBACK REQUESTED. CWC members are reminded that the PWFA goes into effect this week, and will require reasonable accommodation of known limitations related to pregnancy, childbirth, and related medical conditions.


Memo
23-125
Wednesday, June 21, 2023

The appeals court found that an employee’s failure to inform her employer that she was requesting FMLA leave relieved the employer of its obligation to provide the employee with required FMLA notices.


Memo
23-106
Tuesday, May 30, 2023

The Labor Department recently published a new version of its poster informing employees of their rights under the Family and Medical Leave Act. Although employers are free to use the new poster, they can continue to meet their FMLA notice obligations


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
23-088
Monday, May 1, 2023

Despite CWC’s recommendations for improvement, the White House Office of Management and Budget has approved OFCCP’s request to continue mandating a slightly improved but still highly prescriptive version of the Disability Self-ID Form CC-305 for anot


Memo
23-084
Wednesday, April 26, 2023

CWC has filed comments with the White House Office of Management and Budget urging that agency to mandate sensible changes to OFCCP’s overly prescriptive Form CC-305 before giving OFCCP clearance to continue using the form for another three years.


Memo
23-071
Tuesday, April 11, 2023

A recent settlement reached in an FLSA class action alleging failure to award proper overtime pay raises the complex issue of how or whether certain types of “equity” compensation must be included in the so-called regular rate calculation.


Memo
23-070
Wednesday, April 5, 2023

The Department of Labor’s Wage and Hour Division has issued its first opinion letter under the Family and Medical Leave Act, opining on how reduced schedule FMLA leave can protect an employee with a chronic health condition from having to work mandat


Memo
23-053
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


Memo
23-040
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


Memo
23-035
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.


Memo
23-032
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.


Memo
23-022
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


Memo
23-011
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.


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