October 16, 2023
|
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...
Read More
October 02, 2023
|
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....
Read More
September 11, 2023
|
Category: ADA

Fourth Circuit Affirms That Expanded Damages/Jury Trials Not Available for ADA Retaliation Claims

The U.S. Court of Appeals for the Fourth Circuit has ruled that equitable relief is the only type of remedy available for retaliation claims brought under the Americans with Disabilities Act (ADA). On August 16, 2023, the Fourth Circuit held in Israelitt v. Enterprise Services that the ADA’s anti-retaliation provisions do not provide for compensatory or punitive damages or a...
Read More
September 05, 2023
|
Category: ADA

DOJ Proposes Expanded Web Accessibility Regulations for Public Sector Websites

The U.S. Department of Justice (DOJ) has proposed revisions to its rules governing the accessibility of state and local government websites under Title II of the Americans with Disabilities Act (ADA). The proposed rulemaking would not apply to private sector employers, which are covered by ADA Title III, but it sends a strong signal about DOJ’s attitude toward website accessibility,...
Read More
August 08, 2023
|
Category: ADA

EEOC Issues Updated Guidance on Visual Disabilities in The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on visual impairments in the workplace, entitled Visual Disabilities in the Workplace and the Americans with Disabilities Act. The guidance discusses the impact of new technologies and highlights new methods for providing reasonable accommodations. It also discusses mitigation of the potential disadvantages to visually impaired individuals that can result from...
Read More
July 19, 2023
|
Category: Disability, Accommodations, and Leaves

New DOL Opinion Letter Addresses How Holiday Impacts Weekly Leave Entitlement

The Department of Labor (DOL) has issued a rare opinion letter under the Family and Medical Leave Act (FMLA) addressing the calculation of leave used by an employee who takes less than a full week of FMLA leave during a week that includes a holiday. DOL’s letter opines that if an employee takes less than a full week of FMLA...
Read More
July 11, 2023
|
Category: Disability, Accommodations, and Leaves

OFCCP Makes Available Multiple Foreign Language Versions of Its CC-305 Disability Self-ID Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted on its website several foreign language versions of its prescribed disability self-identification form (CC-305). Until now, the CC-305—which a covered federal contractor must use, without modification, to comply with OFCCP requirements to collect applicant and employee disability data—has been available only in English. Contractors are not required to...
Read More
June 26, 2023
|
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...
Read More
June 21, 2023
|
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)...
Read More
May 30, 2023
|
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...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch