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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July 22, 2022
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Category: Compliance Tools

Labor Department Posts New FAQs on Mental Health Conditions and the FMLA

The Department of Labor’s (DOL) Wage and Hour Division has posted on its website a new set of Frequently Asked Questions (FAQs) and a Fact Sheet regarding mental illness as a serious health condition under the Family and Medical Leave Act (FMLA). The guidance serves as a helpful reminder that the FMLA covers leave for serious physical and mental health...
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June 17, 2022
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Category: Disability, Accommodations, and Leaves

Seventh Circuit Gives Broad Interpretation to FMLA’s Interference Prohibition

The U.S. Court of Appeals for the Seventh Circuit ruled recently that an employer can unlawfully interfere with an employee’s rights under the Family and Medical Leave Act (FMLA) by merely discouraging the person from requesting leave, regardless of whether the request is actually denied. Although the ruling doesn’t break any new legal ground – it is consistent with the...
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June 10, 2022
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Category: Disability, Accommodations, and Leaves

Third Circuit Religious Accommodation Ruling Sets Up Potential Supreme Court Review

The U.S. Court of Appeals for the Third Circuit, in a 2 – 1 panel decision, has ruled that an employee’s religious accommodation request to refrain from working on Sundays would impose an undue hardship on one of the nation’s largest employers, the U.S. Postal Service (USPS). Key to the court’s analysis was the likely impact the requested accommodation would...
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May 20, 2022
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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April 15, 2022
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Category: Agency Enforcement

DOJ Issues Guidance on Web Accessibility Under ADA’s Public Accommodation Title

The U.S. Department of Justice (DOJ) has issued guidance on web accessibility under Title III of the Americans with Disabilities Act (ADA), the part of the law that mandates accessibility requirements for places of public accommodation. The guidance clarifies DOJ’s stance that businesses that fall within the ADA’s definition of places of public accommodation, such as retail stores and restaurants,...
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April 01, 2022
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Category: Affirmative Action and Diversity

Latest BLS Disability Employment Data Show Positive Albeit Modest Trend

The Department of Labor’s Bureau of Labor Statistics (BLS) has published its 2021 report on disability employment in the United States. While the agency’s annual report covers only data at the national level, limiting its overall value for purposes of corporate benchmarking, it does contain several data points that still may be of interest to CWC members. Perhaps most significantly,...
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