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Category: Disability, Accommodations, and Leaves

Eighth Circuit Rules States Have Standing To Challenge PWFA Regulations

A group of 17 states challenging regulations that require employers to reasonably accommodate employees seeking abortions may proceed with its lawsuit, a federal appeals court ruled February 20. In Tennessee v. EEOC, the U.S. Court of Appeals for the Eighth Circuit found that the states had standing to sue because the EEOC’s rule implementing the Pregnant Workers Fairness Act would...
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Category: Disability, Accommodations, and Leaves

EEOC Files First Lawsuit Under the Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission has filed its first lawsuit alleging that an employer violated the Pregnant Workers Fairness Act, which took effect last year. In EEOC v. Wabash National Corp., filed in the U.S. District Court for the Western District of Kentucky, the EEOC alleges that a manufacturer of semi-trailers and commercial trucking equipment violated the PWFA by requiring...
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Category: ADA

CWC’s Updated ADA Reasonable Accommodation Compliance Guide

CWC presents an updated guide covering the reasonable accommodation requirements of the Americans with Disabilities Act (ADA). Our ADA Reasonable Accommodation Compliance Guide answers questions that could arise during the interactive process laid out in guidance from the Equal Employment Opportunity Commission EEOC). ADA charges filed with the EEOC have increased steadily, and the EEOC’s enforcement data show that disability discrimination charges...
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Category: Disability, Accommodations, and Leaves

EEOC COVID Vaccine Settlement Highlights Risk in Questioning Employees’ Religious Beliefs

A recent settlement involving an employer and the Equal Employment Opportunity Commission (EEOC) illustrates the potential risk for an employer that questions whether an employee who asks for a religious accommodation has sincere religious beliefs. The settlement agreement in EEOC v. Hank’s Furniture, (N.D. Fla. July 15, 2024), prohibits the employer from concluding that any religious belief is not sincere because the...
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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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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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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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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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Category: Discrimination and Harassment

Supreme Court Clarifies Title VII Religious Accommodation Standard: Undue Hardship Means Substantial Cost

The Supreme Court has ruled that an employer must show that an employee’s requested religious accommodation under Title VII of the Civil Rights Act of 1964 (Title VII) will result in substantial cost to its business before the employer can deny the accommodation. The ruling in Groff v. DeJoy upends years of lower court case law holding that an employer...
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Category: Disability, Accommodations, and Leaves

Pregnant Workers Fairness Act Becomes Effective This Week

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023.  The PWFA requires a covered employer to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions, absent a showing of undue hardship. The Equal Employment Opportunity Commission (EEOC) will enforce the new law. This memo provides guidance while we await interpretive regulations from...

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