June 21, 2023
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Category: Disability, Accommodations, and Leaves

Eleventh Circuit Rules No Unlawful Interference With FMLA Rights Absent Request for Leave

An employee’s failure to inform her employer that she was requesting leave under the Family and Medical Leave Act (FMLA) relieved the employer of its obligation to provide the employee with required FMLA notices, the U.S. Court of Appeals for the Eleventh Circuit ruled in Graves v. Brandstar, Inc., (11th Cir. May 9, 2023). Members of the Center for Workplace Compliance (CWC)...
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May 30, 2023
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Category: Disability, Accommodations, and Leaves

DOL Makes Available New Version of Its FMLA Rights Poster

The Labor Department recently published a new version of the poster that informs employees of their rights under the Family and Medical Leave Act. The updated poster, which can be downloaded from DOL’s website, contains a QR code that links to a DOL webpage containing information on filing a complaint. Although employers are free to use the new poster, they...
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May 23, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Updates COVID-19 Guidance as Public Health Emergency Expires

With the official expiration of the COVID-19 public health emergency on May 11, the Equal Employment Opportunity Commission (EEOC) has published revisions to its COVID-19 technical assistance guidance for employers, the first such revisions since July 2022. The EEOC’s original COVID-19 guidance, in the form of a set of Frequently Asked Questions (FAQs) posted on the EEOC’s website, was designed...
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April 26, 2023
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Category: Disability, Accommodations, and Leaves

CWC’s Comments to OMB Urge Changes to OFCCP’s Prescriptive Disability Self-ID Form CC-305

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the White House Office of Management and Budget (OMB) in response to a request by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which is seeking OMB approval to continue using the prescriptive disability self-identification Form CC-305 for three more years with only minor...
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April 05, 2023
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Category: Disability, Accommodations, and Leaves

Biden DOL Issues First FMLA Opinion Letter

The Biden Administration’s Department of Labor (DOL) has issued its first opinion letter under the Family and Medical Leave Act (FMLA), taking the position that an employee with a chronic health condition is permitted to use reduced schedule FMLA leave to limit the individual’s workday to eight hours a day—at least until leave eligibility is exhausted—and thus not be required...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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November 11, 2022
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Category: Disability, Accommodations, and Leaves

FMLA Ruling by Tenth Circuit in Parker v. United Airlines Rejects “Cat’s Paw” Claim

The U.S. Court of Appeals for the Tenth Circuit ruled recently that an employer wasn’t liable under the Family and Medical Leave Act (FMLA) under the so-called “cat’s paw” theory of discrimination. In this case, the plaintiff claimed she was unlawfully fired based on the retaliatory bias of a supervisor who objected to her taking approved FMLA leave. In a...
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September 23, 2022
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Category: Disability, Accommodations, and Leaves

Second Circuit Opines on ADA Duty To Reasonably Accommodate Applicant for Preemployment Test

A recent opinion by the U.S. Court of Appeals for the Second Circuit serves as a useful reminder that an employer has an obligation under federal disability law to consider a reasonable accommodation in order to allow a qualified job applicant to take a preemployment test, including providing an American Sign Language (ASL) interpreter. Although the appeals court ultimately concluded...
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September 09, 2022
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Category: Disability, Accommodations, and Leaves

Sixth Circuit Provides Guidance on ADA’s Rarely Invoked “Interference” Clause

In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit held recently that a provision in the American with Disabilities Act (ADA) that makes it unlawful “to coerce, intimidate, threaten, or interfere with any individual” who is exercising his or her rights under the law does not give rise to claims against a third party....
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