September 12, 2024
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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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July 24, 2024
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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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June 24, 2024
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Category: Disability, Accommodations, and Leaves

Federal Courts Reach Different Opinions in PWFA Pregnancy Accommodation Cases

Two federal district courts considering challenges to regulations implementing the Pregnant Workers Fairness Act (PWFA) have reached different conclusions regarding the statute’s application to workers having elective abortions. The regulations, issued by the Equal Employment Opportunity Commission (EEOC), took effect June 18, 2024. In the first case, Tennessee v. EEOC (E.D. Ark. June 14, 2024), a federal district court in Arkansas...
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May 21, 2024
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Category: Disability, Accommodations, and Leaves

Congress Approves Expansion of Lactation Protections for Airline Flight Crews

The FAA Reauthorization Act (H.R. 3935), which was signed into law May 16, 2024, not only reauthorizes the Federal Aviation Administration (FAA) for five years, but it also provides lactation protection for airline crew members. Section 421 of the bill directs the FAA to issue guidance to airlines regarding the expression of milk by crewmembers. Section 421 states that the...
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April 23, 2024
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Category: Comment Letter

CWC Comments to EEOC on PWFA Procedural Rules Urge Greater Transparency Re: Process Used

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed comments with the U.S. Equal Employment Opportunity Commission endorsing EEOC’s recently revised procedural regulations as being consistent with the Pregnant Workers Fairness Act (PWFA). The comments also express CWC’s concern that EEOC did not give the public an opportunity to comment until after it finalized the rules. The revisions...
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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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