June 03, 2025
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Category: Disability, Accommodations, and Leaves

Judge Vacates Workplace Abortion Accommodation Provisions of PWFA

The Equal Employment Opportunity Commission cannot mandate accommodations to employees undergoing elective abortions, a federal judge ruled May 21. The U.S. District Court for the Western District of Louisiana ordered the EEOC to remove abortion accommodation requirements from its Pregnant Workers Fairness Act rule. The judge vacated the parts of the PWFA rule that included abortion in the definition of “pregnancy, childbirth or...
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June 02, 2025
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Category: Affirmative Action and Diversity

President Trump Proposes Eliminating OFCCP

President Trump’s FY 2026 budget request proposes abolishing the Office of Federal Contract Compliance Programs. Under this proposal, OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) would shift to the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS), and OFCCP’s enforcement of Section 503 of the Rehabilitation Act would shift to the Equal Employment Opportunity Commission (EEOC). The proposed...
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April 29, 2025
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter To Reflect Rescission of Executive Order 11246

The Center for Workplace Compliance, our affiliated nonprofit membership association, has issued an updated template for good faith outreach letters. CWC members can use this template when drafting good faith outreach letters to organizations that can help identify qualified veterans and persons with disabilities for their open job positions. President Trump's Executive Order 14173 rescinded the authority for developing AAPs...
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April 23, 2025
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Category: Affirmative Action and Diversity

Updated Disability and Veterans AAP Narrative Template Now Available on CWC Website

An updated narrative template for reporting on affirmative action programs for protected veterans and individuals with disabilities is available from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. President Trump's Executive Order 14173 rescinded the authority for developing AAPs for women and minorities under E.O. 11246 but did not change the recordkeeping, compliance, and reporting requirements for...
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April 22, 2025
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Category: Disability, Accommodations, and Leaves

Federal Court: Catholic Plaintiffs Need Not Abide By Abortion-Related Provisions of PWFA Regs

A federal district court has permanently enjoined the Equal Employment Opportunity Commission from enforcing provisions of its Pregnant Workers Fairness Act regulations related to elective abortions or infertility treatments. However, the injunction will have little effect on private-sector employers. The permanent injunction, issued by the U.S. District Court for the District of North Dakota, applies to the Catholic Benefits Association (CBA)...
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April 07, 2025
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Category: ADA

Appeals Court: Workers May Qualify for Accommodation Even If They Can Do Job’s Essential Functions

The Americans with Disabilities Act does not preclude employees from receiving a reasonable accommodation even if they are able to perform a job’s essential functions without one, the U.S. Court of Appeals for the Second Circuit ruled March 25. In Tudor v. Whitehall Central School District, a teacher sued her employer after it refused to give her 15-minute breaks to address...
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February 26, 2025
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Rules States Have Standing To Challenge PWFA Regulations

A group of 17 states challenging regulations that require employers to reasonably accommodate employees seeking abortions may proceed with its lawsuit, a federal appeals court ruled February 20. In Tennessee v. EEOC, the U.S. Court of Appeals for the Eighth Circuit found that the states had standing to sue because the EEOC’s rule implementing the Pregnant Workers Fairness Act would...
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February 25, 2025
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Category: Disability, Accommodations, and Leaves

Biden’s Wage and Hour Division Publishes Guidance in Final Days

In the final days of the Biden Administration, DOL’s Wage and Hour Division issued two opinion letters. WHD opinion letters are not binding on the courts, but employers may rely on them. DOL Opinion Letter FMLA 2025-01-A — FMLA interplay with state and local paid leave programs DOL Opinion Letter FMLA 2025-01-A states that an employer cannot require an employee who...
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December 05, 2024
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Category: Disability, Accommodations, and Leaves

DOL Proposes Phasing Out Subminimum Wages for People With Disabilities

DOL’s Wage and Hour Division published a proposed rule December 4 that would phase out the Section 14(c) certificate program that allows employers to pay less than the minimum wage to individuals with disabilities. If the proposed rule were adopted in its current form, applications sent on or after the rule’s effective date would be ignored, and existing certificates would...
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December 04, 2024
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Category: Disability, Accommodations, and Leaves

DOL Says an Employee Has the Right To Use FMLA Leave for a Clinical Trial

An employee may use FMLA leave to participate in a clinical trial or research study to treat a serious health condition, according to a new opinion letter from the Labor Department. An eligible employee has the right to use FMLA leave because of a serious health condition. The Family and Medical Leave Act defines a serious health condition as an...
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