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OFCCP Refresh and Reset: What to Watch for in 2022
2020 OFCCP Refresh and Reset
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
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
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
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
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
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
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
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
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
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more
The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more
In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more
In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more
The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the ADA. In a new Section N of its COVID-19 guidance entitled “COVID-19 and the Definition of ‘Disability’ Under the ADA, Rehabilitation...more
As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the...more
After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more
The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more
The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more
On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) published updated information for employers navigating the various requirements regarding employee health screening, reasonable accommodations,...more
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more
Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined...more
The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more