April 18, 2024
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Category: Disability, Accommodations, and Leaves

Divided EEOC Issues Expansive PWFA Interpretive Regulations, Inviting Legal Challenges

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in...
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March 05, 2024
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Category: Disability, Accommodations, and Leaves

BLS Reports Labor Force Participation by People With Disabilities Reached Record High in 2023

The U.S. Bureau of Labor Statistics’ latest annual report on labor force participation by people with disabilities shows steady progress over the last ten years, while underscoring the challenges that people with disabilities still face in finding work compared with individuals without disabilities. The percentage of people with a disability who had a job reached a record level of 22.5...
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January 10, 2024
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Category: ADA

Tenth Circuit Rejects Open-Ended Leave as ADA Reasonable Accommodation

The U.S. Court of Appeals for the Tenth Circuit has ruled that a request for open-ended leave by a casino worker whose absences violated the casino’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act (ADA). In Davis v. PHK Staffing, the Tenth Circuit upheld a federal trial court’s grant of summary judgment for the...
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November 01, 2023
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Category: Disability, Accommodations, and Leaves

CWC’s New Online Resource Explains Requirements of Pregnant Workers Fairness Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has uploaded its new online training resource related to the Pregnant Workers Fairness Act (PWFA), which took effect in June. The online training guide, which is presented in the form of a “Scroll” consisting of several short modules, is available to CWC members at no extra cost on the...
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October 18, 2023
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Category: ADA

Eleventh Circuit Rules Again That ADA Does Not Allow Claim by Former Employee

Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite...
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October 16, 2023
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Category: Disability, Accommodations, and Leaves

CWC Tells EEOC That Proposed PWFA Regulations Go Beyond Congressional Intent

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) about the EEOC’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act (PWFA). While CWC supports many of the proposed provisions as consistent with the PWFA’s statutory language, CWC pointed out several provisions in...
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October 02, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Official: New Pregnant Workers Fairness Act Is Not Gender-Specific

An official from the Equal Employment Opportunity Commission (EEOC) said recently that the coverage of the Pregnant Workers Fairness Act (PWFA) is not gender-specific. The EEOC declined to elaborate, so the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, wrote an analysis of whether and how the PWFA could apply to people who do not identify as women....
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September 11, 2023
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Category: ADA

Fourth Circuit Affirms That Expanded Damages/Jury Trials Not Available for ADA Retaliation Claims

The U.S. Court of Appeals for the Fourth Circuit has ruled that equitable relief is the only type of remedy available for retaliation claims brought under the Americans with Disabilities Act (ADA). On August 16, 2023, the Fourth Circuit held in Israelitt v. Enterprise Services that the ADA’s anti-retaliation provisions do not provide for compensatory or punitive damages or a...
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September 05, 2023
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Category: ADA

DOJ Proposes Expanded Web Accessibility Regulations for Public Sector Websites

The U.S. Department of Justice (DOJ) has proposed revisions to its rules governing the accessibility of state and local government websites under Title II of the Americans with Disabilities Act (ADA). The proposed rulemaking would not apply to private sector employers, which are covered by ADA Title III, but it sends a strong signal about DOJ’s attitude toward website accessibility,...
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August 08, 2023
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Category: ADA

EEOC Issues Updated Guidance on Visual Disabilities in The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on visual impairments in the workplace, entitled Visual Disabilities in the Workplace and the Americans with Disabilities Act. The guidance discusses the impact of new technologies and highlights new methods for providing reasonable accommodations. It also discusses mitigation of the potential disadvantages to visually impaired individuals that can result from...
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