Disability, Accommodations, and Leaves

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.

Wednesday, January 11, 2023

Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.

Thursday, November 10, 2022

The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s

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.

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.”

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.

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.

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.

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.

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

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.

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

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

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, 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.

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

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.

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

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

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.

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

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.

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

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