Disability, Accommodations, and Leaves

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
22-150
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.


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.


Memo
22-134
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.


Memo
22-130
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.


Memo
22-128
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


Memo
22-115
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.


Memo
22-108
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


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
22-069
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
22-059
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.


Memo
22-038
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


Memo
21-246
Monday, December 20, 2021

The Equal Employment Opportunity Commission has updated its FAQs on COVID-19 and the federal EEO laws to provide additional guidance as to when COVID-19 may constitute a disability covered by the Americans with Disabilities Act.


Memo
21-215
Wednesday, November 3, 2021

The House of Representatives, on a bipartisan vote, recently approved a bill (the “Providing Urgent Maternal Protection for Nursing Mothers Act”) that would extend and strengthen the right of employees to workplace accommodations in order to express


Memo
21-118
Monday, June 14, 2021

The New Jersey Supreme Court, interpreting state law, has weighed in definitively on an issue that also arises under the ADA, that is, whether a plaintiff with a disability attempting to prove a failure-to-accommodate claim must also show that the fa


Memo
21-107
Tuesday, May 25, 2021

CWC is pleased to present an updated version of our FMLA Compliance Outline to assist our members in addressing common compliance issues that arise under the Family and Medical Leave Act.


Memo
21-102
Monday, May 17, 2021

Picking up where it left off last year, the Democrat-controlled House of Representatives has been busy passing major bills that would significantly change federal employment law. As our memo explains, however, only one of these bills appears to have


Memo
21-091
Monday, May 3, 2021

The comprehensive American Families Plan proposed recently by President Biden to a joint session of Congress includes a broad paid leave mandate that the White House estimates will cost $225 billion over ten years.


Memo
21-030
Monday, February 8, 2021

During outgoing OFCCP Director Craig Leen’s tenure, he instituted so-called “focused” compliance reviews concentrating on just one of the laws enforced by the agency. Before leaving office, he released a report summarizing the results of focused revi


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
20-237
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


Memo
20-191
Friday, September 25, 2020

According to this federal appeals ruling, “[a]n employee who can, with some difficulty, perform the essential functions of his job without accommodation nevertheless remains eligible to request and receive a reasonable accommodation” under the ADA.


Comments and Testimony
20-190
Friday, September 25, 2020

Our comments to the Department of Labor on two separate “Requests for Information” seeking input on leave issues offer a number of recommendations for changes that we believe would help to mitigate some of the current compliance challenges faced by e


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