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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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Category: Disability, Accommodations, and Leaves

Proposed FY27 Budget Would Move VEVRAA And Section 503 Enforcement To New DOL Civil Rights Office

The White House has proposed creating an Office of Civil Rights at the Labor Department to enforce Section 503, VEVRAA, and most whistleblower laws. The President’s proposed FY 2027 budget, which was submitted to Congress April 3, would transfer enforcement of Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act to DOL’s new Office of...
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Category: Disability, Accommodations, and Leaves

EEOC Reaches $15 Million, Three Year Deal Over COVID 19 Vaccine Accommodation Claims

The EEOC entered into a three-year, $15 million conciliation agreement with a global technology company to resolve class allegations that the company denied religious and disability accommodation requests under its COVID-19 vaccination policy and terminated employees who refused to get vaccinated. The agreement requires the company to update its EEO policies, provide annual staff training on religious and disability discrimination, and report...
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Category: Disability, Accommodations, and Leaves

Jury Verdict Highlights Expanding Damages Risk In Religious Accommodation Cases

A federal jury in Michigan recently awarded $1.8 million to a teacher after her former employer refused to allow her to wear a veil while teaching. Hamood v. Arab Community Center for Economic and Social Services was brought under both Title VII — which caps damages at $300,000 for large employers — and Michigan law, which does not impose a cap....
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Category: Disability, Accommodations, and Leaves

OMB Greenlights New OFCCP Complaint Forms

The White House Office of Management and Budget has approved for three years OFCCP’s request to change its complaint forms for processing disability and veteran employment discrimination allegations against federal contractors. The Office of Federal Contract Compliance Programs had asked permission to formally revise its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry...
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Category: Disability, Accommodations, and Leaves

EEOC Issues Telework Accommodation Guidance For Federal Agencies

The EEOC has issued guidance for federal agencies addressing telework as a reasonable accommodation for disabilities under the Rehabilitation Act. Private-sector employers may find it instructive because it closely tracks ADA principles. The guidance emphasizes that telework may be required when it is the only effective accommodation, but it is not automatic or permanent. The guidance confirms that employers may reassess previously...
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Category: Disability, Accommodations, and Leaves

Workers May Use Intermittent FMLA Leave For Travel To Medical Appointments, DOL Says

Employees may use intermittent FMLA leave for travel time to and from a medical appointment as well as for the medical appointment itself, according to an opinion letter from the Labor Department’s Wage and Hour Division. FMLA2026-2 confirms that covered workers may use leave under the Family and Medical Leave Act not only for the time they spend in medical...
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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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