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Category: Disability, Accommodations, and Leaves

OFCCP Issues Last-Minute Extension on Section 503, VEVRAA, and E.O. 11246 Comment Deadlines

The Office of Federal Contract Compliance Programs (OFCCP) issued a last-minute 15-day extension for submitting comments on its proposed elimination of longstanding disability compliance requirements — including self-identification, utilization analyses, and applicant tracking. The three pending Notices of Proposed Rulemaking (NPRMs) pertain to the rescission of Executive Order 11246 and revisions to the nondiscrimination and affirmative action requirements under Section...
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Category: Disability, Accommodations, and Leaves

New CWC Resource Highlights EEOC Efforts To Enforce Title VII Protected Religious Accommodations

CWC has released a resource highlighting recent enforcement actions by the Equal Employment Opportunity Commission related to religious accommodations in the workplace. In a recent press release, the EEOC emphasized its focus on enforcing Title VII protections for religious accommodations in the workplace. The cases summarized in the CWC resource provide helpful context for understanding current trends and compliance risks....
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Category: Disability, Accommodations, and Leaves

Pregnant Workers Fairness Act Was Enacted Properly, Fifth Circuit Rules

The Equal Employment Opportunity Commission may enforce the Pregnant Workers Fairness Act against the state of Texas, the U.S. Court of Appeals for the Fifth Circuit ruled August 15 in Texas v. Bondi. The PWFA requires employers to consider workplace accommodations for employees' pregnancy-related conditions. The statute was approved during the COVID pandemic in 2022, when the House of Representatives allowed...
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Category: Disability, Accommodations, and Leaves

Court Stops EEOC and HHS From Enforcing Some Rules Against Two Christian Groups

The U.S. District Court for the Northern District of Texas has barred the Equal Employment Opportunity Commission and the Department of Health and Human Services from enforcing specified Biden-era directives against two Christian organizations. It held August 8 in Dr. James Dobson Family Institute v. Kennedy that provisions related to abortion, fertility, and gender-affirming care violate the Religious Freedom Restoration Act. Dobson Family Institute and United in...
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Category: Disability, Accommodations, and Leaves

OPM Urges Federal Agencies To Be Generous With Religious Accommodations

The Office of Personnel Management issued a memorandum July 16 instructing federal agencies to be generous in granting accommodations so federal employees can practice their religion. The memo promotes telework and flexible schedules as key tools for accommodating religious practices without compromising agency missions. For example, remote work could facilitate employees finding a quiet space for prayer and practicing time-specific...
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Affirms Decision Against Trucking Firm in Deaf Discrimination Case

A trucking company’s refusal to hire a deaf driver violated the Americans with Disabilities Act (ADA), a federal court ruled July 10. In EEOC v. Drivers Management and Werner Enterprises, a panel of the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s decision in favor of the EEOC.    Victor Robinson obtained a variance from federal hearing requirements...
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Category: Disability, Accommodations, and Leaves

Employer’s Honest Belief in FMLA Fraud Beats Employee’s Retaliation Claim, Sixth Circuit Rules

A recent opinion by the Sixth Circuit demonstrates how an employer can lawfully discharge an employee for suspected abuse of leave under the Family and Medical Leave Act. In Porter v. Jackson Township Highway Department, the U.S. Court of Appeals for the Sixth Circuit upheld an Ohio township’s termination of an employee, citing the township’s honest belief that he had abused...
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Category: Disability, Accommodations, and Leaves

DOL Withdraws Biden-Era Proposal to End Subminimum Wage Program for Disabled Workers

The Department of Labor announced July 7 that it is withdrawing a proposed rule from the Biden Administration to end a program through which it issues certificates allowing employers to pay subminimum wages to workers with disabilities in settings sometimes called sheltered workshops. The Biden-era DOL said the program is no longer necessary to motivate employers to hire people with significant disabilities because...
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Category: Affirmative Action and Diversity

OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans...
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....

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