May 23, 2023
|
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...
Read More
April 26, 2023
|
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...
Read More
April 05, 2023
|
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...
Read More
December 02, 2022
|
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...
Read More
December 02, 2022
|
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...
Read More
November 11, 2022
|
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...
Read More
September 23, 2022
|
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...
Read More
September 09, 2022
|
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....
Read More
July 22, 2022
|
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...
Read More
June 17, 2022
|
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...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch