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Category: Agency Enforcement

EEOC Settles Pronoun-Related Religious Accommodation Charge

Generac Power Systems has agreed to resolve a charge involving an employee's request for a religious accommodation related to workplace pronoun usage, the Equal Employment Opportunity Commission announced. As part of the settlement, Generac will provide monetary relief, update its religious accommodation policies, and conduct training. The employee asserted that using pronouns inconsistent with a coworker's biological sex conflicted with...
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Category: Affirmative Action and DEI

CWC Publishes Sample Post-Offer, Pre-Employment Disability Self-ID Form

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published CWC’s Sample Voluntary Self-Identification of Disability Form in light of the rescission of the Section 503 requirements. As of September 21, federal contractors subject to Section 503 of the Rehabilitation Act no longer have an obligation to: (1) solicit disability status from applicants or employees; (2) prepare...
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Category: Disability, Accommodations, and Leaves

Fourth Circuit Cautions Employers Against Parsing Religious Beliefs

A divided Fourth Circuit allowed an employee to proceed with a Title VII claim challenging her employer’s denial of her religious exemption from a COVID-19 vaccination requirement. The decision illustrates the risk an employer takes in denying an employee’s religious accommodation request because the employer considers the employee’s stated belief insufficiently religious. The employee tied her objection to her belief...
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Category: Affirmative Action and DEI

CWC Roundtable Examines OFCCP’s New Regulatory Framework

The practical implications of OFCCP's new framework and the future of disability self-identification for federal contractors were the dominant topics at the members-only roundtable held by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. The September 1 roundtable discussed three new OFCCP actions: rescission of Executive Order 11246 rules, significant changes to the Section 503 disability affirmative action...
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Category: Affirmative Action and DEI

OFCCP Asks OMB To Eliminate Form CC-305

The Office of Federal Contract Compliance Programs has asked the Office of Management and Budget for emergency authorization to eliminate Voluntary Self-Identification of Disability Form (Form CC-305). Federal contractors currently use Form CC-305 to invite applicants and employees to voluntarily report their disability status. OFCCP’s request follows a recent rulemaking through which it modified its regulations implementing the nondiscrimination and affirmative action...
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Category: Disability, Accommodations, and Leaves

Fourth Circuit Faults Employer’s Reliance On Unpaid Leave In ADA Accommodation Case

Employers considering reassigning an employee under the ADA may not rely on unpaid leave when suitable work is available, a federal appeals court ruled. The Fourth Circuit revived an ADA failure-to-accommodate claim against an employer that kept an employee on unpaid leave even though he had been cleared for less demanding work after he could no longer perform his physically demanding job....
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Shows Why ADA Accommodation Doubts Should Trigger Process, Not Assumptions

The Eighth Circuit upheld summary judgment for an employer that denied an employee’s request for closer parking and later terminated him for repeatedly violating its parking policy. The court concluded that the interactive process broke down because the employee never gave the employer the requested medical documentation explaining his limitations or need for an accommodation. In this case, internal emails...
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Category: Affirmative Action and DEI

OMB Approves Section 503 Recordkeeping Requirements And Form CC-305

The White House Office of Management and Budget has approved the Voluntary Self-Identification of Disability Form (Form CC-305) through July 31, 2029, while OFCCP decides whether to retain disability self-identification requirements. Current DOL regulations require federal contractors to use Form CC-305 to invite applicants and employees to voluntarily report their disability status. OMB’s approval simply ensures that DOL’s recordkeeping requirements...
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Category: Disability, Accommodations, and Leaves

OFCCP Updates Form CC-305 Expiration Date

DOL’s Office of Federal Contract Compliance Programs has updated its Voluntary Self-Identification of Disability (Form CC-305) to a May 31 expiration date. Form CC-305 had expired April 30, but employers were permitted to continue using it after that date. Contractors may, at their discretion, update their forms or continue using the expired forms carrying an April 30 expiration date until OMB formally approves an extension.   Contractors should continue to comply with OFCCP’s regulations to invite employees and applicants...
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Category: Disability, Accommodations, and Leaves

Court Finds PWFA Triggered By Informal Notice; May Require Waiver Of Essential Functions

A federal district court has denied summary judgment on a Pregnant Workers Fairness Act failure-to-accommodate claim, finding that informal notice suffices to trigger the need for HR action. In King v. Legacy Hospice, the court held that informal written notice to HR can establish an employee’s “known limitation” even if the employee does not comply with the employer’s preferred accommodation process...

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