Disability, Accommodations, and Leaves

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
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


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


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.


Memo
20-167
Friday, August 28, 2020

Several rulings by the U.S. Supreme Court this past term favored religious rights, although the effect on most private sector employers was negligible. Nevertheless, the Court sent out signals that it may be getting ready to revisit the standard unde


Memo
20-168
Friday, August 28, 2020

Late last year, Congress approved a measure that establishes a generous new taxpayer-funded benefit for employees of the federal government – namely, 12 weeks of paid parental leave. The agency that administers the program has now issued implementing


Memo
20-157
Friday, August 14, 2020

In a case of first impression, the appeals court has ruled that an ADA lawsuit can continue to allow the plaintiff to attempt to show that her genetic mutation is a covered disability under the law.


Memo
20-144
Friday, July 24, 2020

In an action that has been expected for some time now, DOL is asking for public input on whether its regulations under the FMLA can be improved. In a separate but related action, DOL wants to hear from stakeholders on the efficacy of mandated paid le


Memo
20-142
Friday, July 24, 2020

This instructive ruling by the appeals court makes clear that an employee seeking a religious accommodation cannot simply demand his or her preferred solution, but “has a duty to make a good faith attempt to accommodate his religious needs through th


Memo
20-130
Thursday, July 2, 2020

ODEP has made public the results of a 2018 voluntary survey it conducted on employer practices designed to enhance the employment of people with disabilities. ODEP concludes that while progress has been made, there is still a long way to go.


Memo
20-120
Friday, June 19, 2020

The sitting EEOC Commissioners have voted to publish a proposal that addresses how employers can provide incentives in an employee wellness plan without violating the Americans with Disabilities Act. It could be months, however, before the proposal i


Policy/Form/Notice Templates
20-121
Friday, June 19, 2020

OFCCP compliance officers are now routinely asking federal contractors for more detailed information on how they evaluate their outreach efforts designed to recruit veterans and individuals with disabilities in conjunction with a compliance audit. CW


Memo
20-113
Friday, June 12, 2020

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) broadened the scope of who is protected as a “regarded as disabled” individual under the law. This case illustrates how that matters.


Memo
20-112
Monday, June 8, 2020

Federal contractors undergoing an OFCCP Section 503 Focused Review have been routinely receiving a Request for Information after submitting their desk audit responses asking for additional information. We’re providing a template of the RFI that OFCCP


Memo
20-110
Friday, June 5, 2020

Although the EEOC has the authority to issue formal opinion letters in response to inquiries as to how the laws it enforces apply to a particular situation, that authority has been used only rarely, at least until now. The decision by the Commissione


Memo
20-108
Friday, June 5, 2020

The Americans with Disabilities Act prohibits discrimination against a qualified individual based on his or her disability. That protection does not extend to actionable misconduct, however, even if the employee claims that the misconduct was a direc


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