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 President Trump's Executive Order 14173 rescinded the authority for developing AAPs for women and minorities under E.O. 11246 but did not change the recordkeeping, compliance, and reporting requirements for...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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November 11, 2024
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Category: Agency Enforcement

DOL Wage and Hour Division Again Reports Increase in FMLA Violations

The number of Family and Medical Leave Act (FMLA) cases in which the Department of Labor found a violation increased in fiscal year 2024—and for a second consecutive year—after having declined annually over the previous decade, according to data recently released by DOL’s Wage and Hour Division. This indicates that more employees are now electing to file complaints with WHD rather...
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October 28, 2024
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Category: Disability, Accommodations, and Leaves

Third Circuit Confirms Chronic Serious Health Condition Must Be Established at the Time of Leave

To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former...
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September 30, 2024
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Category: Compliance Reporting and Recordkeeping

Template for Assessing Disability and Veteran Outreach

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for assessing outreach to persons with disabilities and protected veterans. It can assist CWC’s federal contractor members in organizing their data so they’re ready if the Office of Federal Contract Compliance Programs (OFCCP) audits them. The template also should make it easier to respond to items...
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