August 25, 2025
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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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August 20, 2025
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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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August 11, 2025
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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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July 28, 2025
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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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July 15, 2025
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Category: Disability, Accommodations, and Leaves

DOL Withdraws Biden-Era Proposal to End Subminimum Wage Program for Disabled Workers

The Department of Labor announced July 7 that it is withdrawing a proposed rule from the Biden Administration to end a program through which it issues certificates allowing employers to pay subminimum wages to workers with disabilities in settings sometimes called sheltered workshops. The Biden-era DOL said the program is no longer necessary to motivate employers to hire people with significant disabilities because...
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July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans...
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June 25, 2025
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....
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June 25, 2025
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Category: Disability, Accommodations, and Leaves

OFCCP Extends Audit Moratorium for Veterans Affairs Health Benefits Program Providers

The Office of Federal Contract Compliance Programs has extended, for two years, its audit scheduling moratorium for specified health care entities that provide supplies and services to participants in the Veterans Affairs Health Benefits Program (VAHBP). OFCCP extended the scheduling moratorium through May 7, 2027, via Directive 2021-01 Revision 2, Extending the Scheduling Moratorium for Veterans Affairs Health Benefits Program (VAHBP)...
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June 24, 2025
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Category: Disability, Accommodations, and Leaves

Appeals Court: General Safety Concerns Aren’t Enough To Deny Religious Accommodation

An employer cannot deny a religious accommodation under Title VII to an employee because of a general concern about safety, the U.S. Court of Appeals for the Third Circuit ruled May 30. Smith v. City of Atlantic City concerned a fire department employee who requested a religious exemption from a requirement that all firefighters be clean-shaven. The rule was intended...
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June 03, 2025
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Category: Disability, Accommodations, and Leaves

Judge Vacates Workplace Abortion Accommodation Provisions of PWFA

The Equal Employment Opportunity Commission cannot mandate accommodations to employees undergoing elective abortions, a federal judge ruled May 21. The U.S. District Court for the Western District of Louisiana ordered the EEOC to remove abortion accommodation requirements from its Pregnant Workers Fairness Act rule. The judge vacated the parts of the PWFA rule that included abortion in the definition of “pregnancy, childbirth or...
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