News & Analysis as of

Rehabilitation Act Disability Discrimination

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Seyfarth Shaw LLP

Facilities Accessibility Standards on the Chopping Block at the Department of Energy

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The Department of Energy recently issued a fast-track proposed rule that would eliminate accessibility standards for facilities of recipients of federal funding under Section 504 of the Rehabilitation Act.  Is ADA Title III...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Labor Secretary Lifts Abeyance on OFCCP Disability and Veteran Matters

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified the contractor community about U.S. Department of Labor (DOL) Secretary’s Order 08-2025, which lifted the abeyance previously instituted in...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP proposes regulatory changes to reflect Administration’s policies

Spoiler: Section 503 takes center stage. The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights: • Executive Order...more

Seyfarth Shaw LLP

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

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On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and...more

Proskauer - Proskauer For Good

Proskauer Secures Landmark Remedial Plan Order for Blind and Low-Vision Pedestrians in Chicago

Proskauer is proud to share a significant victory in our long-standing advocacy for the rights of blind and visually impaired pedestrians in Chicago. On May 29, 2025, the Honorable Judge LaShonda A. Hunt of the U.S. District...more

Frost Brown Todd

Reasonable Accommodations and Modifications for Tenants Under the Fair Housing Act

Frost Brown Todd on

Most multifamily owners and managers are aware that discrimination against disabled tenants can result in litigation and increase the project’s operating expenses. However, the Fair Housing Act (FHA) not only prohibits...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more

Bond Schoeneck & King PLLC

Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more

Littler

Supreme Court Holds ADA and Rehabilitation Act Lawsuits Against Public Schools Need Not Clear Higher Bar

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On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a...more

Jackson Lewis P.C.

SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student...

Jackson Lewis P.C. on

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

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Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more

Dorsey & Whitney LLP

The Supreme Court Update - June 12, 2025

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The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

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In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more

Proskauer - Government Contractor Compliance...

OFCCP Reportedly to Reduce Staff by 90% and Continue Veterans and Individuals with Disabilities Enforcement Efforts

According to Washington Post and Bloomberg press reports, on February 25, 2025, OFCCP Acting Director Michael Schloss submitted a memorandum to Acting Secretary of Labor, Vincent Micone, outlining OFCCP’s plan to...more

Husch Blackwell LLP

Supreme Court to Hear Case on Legal Standard for Cases Brought by Students with Disabilities

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The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v....more

McDermott Will & Emery

Nondiscrimination on the Basis of Disability

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For the first time in nearly 50 years, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has finalized revisions to regulations implementing Section 504 of the Rehabilitation Act of 1973,...more

Payne & Fears

April 2024 Case Summaries

Payne & Fears on

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

Jaburg Wilk on

Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Bradley Arant Boult Cummings LLP

Happy Anniversary! New Guide for the Rehabilitation Act

Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource...more

U.S. Equal Employment Opportunity Commission...

EEOC, U.S. Department of Labor Issue Disability Resource Guide

Agencies Mark the 50th Anniversary of the Rehabilitation Act of 1973 - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor released today a commemorative resource guide...more

McDermott Will & Emery

Special Report - HHS Proposes to Update Disability Nondiscrimination Regulations for First Time in Nearly 50 Years

McDermott Will & Emery on

Discrimination on the basis of disability has contributed to significant disparities in healthcare and child welfare. To address these disparities, the US Department of Health and Human Services (HHS) has proposed updated...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

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Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

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