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Category: Disability, Accommodations, and Leaves

FAR Council Raises Section 503 And VEVRAA Jurisdiction Thresholds

The Federal Acquisition Regulatory Council recently raised the contract dollar thresholds that trigger compliance obligations for Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. Section 503’s nondiscrimination thresholds are now triggered by contracts exceeding $20,000 (up from $15,000), while the corresponding VEVRAA thresholds are now triggered by contracts valued at $200,000...
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Category: Affirmative Action and DEI

CWC Recommends OFCCP Retain Form CC-305 On A Voluntary Basis

The Center for Workplace Compliance, our affiliated nonprofit membership association, has filed comments with the Office of Federal Contract Compliance Programs urging it to consider alternatives to its proposed elimination of Form CC-305. Federal contractors use the Voluntary Self-Identification of Disability Form to solicit the disability status of their job applicants and employees. OFCCP recently proposed eliminating the requirement for...
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Category: Disability, Accommodations, and Leaves

Federal Agencies Can Let Employees Telework As A Religious Accommodation, DOJ Tells EEOC

The Department of Justice has specified factors for federal agencies to consider when deciding whether to allow federal employees to use situational telework as a religious accommodation. Private-sector employers could extrapolate from this policy. President Trump’s Return to In-Person Work directive instructed federal agency heads to order employees back to in-person work full-time but authorized them to grant necessary exemptions....
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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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