News & Analysis as of

Rehabilitation Act Hiring & Firing

McAfee & Taft

Manager’s acts and omissions provide evidence of discrimination and retaliation

McAfee & Taft on

Responding to discriminatory comments, modifying work duties after a request for disability accommodation, and documenting internal business reorganizations are part of a manager’s job. But if handled incorrectly or...more

Haynes Boone

DOL Relaunches, Proposes Revisions to Affirmative Action Rules for Veterans and Disabled Workers

Haynes Boone on

The Department of Labor (DOL) is taking steps to revise and relaunch its affirmative action requirements for veterans and people with disabilities. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Two Reports on the Federal Workforce and Disabilities

Programs to Hire and Aid Federal Workers With Disabilities May Be Little Known and Underused - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released two reports on people with disabilities in...more

DCI Consulting

[Webinar] Affirmative Action Plans 101: Implementing for Success in 2024 - January 17th, 2:00 pm - 3:00 pm EST

DCI Consulting on

This exclusive, one-hour webinar will cover the fundamentals of affirmative action planning, legal requirements, practical strategies for effective implementation, and how federal contractors can set themselves up for success...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

Foley & Lardner LLP on

The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...more

Littler

Employers Have Until July 25, 2023 to Implement New OFCCP Disability Self-Identification Form

Littler on

On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form prospective and current employees must use to voluntarily self-identify as an individual...more

Mitratech Holdings, Inc

[Webinar] OFCCP Documentation Best Practices - May 3rd, 9:00 am PT

The OFCCP continues to focus heavily on documentation and record keeping in the hiring process during compliance reviews. Over the previous years, data violations quadrupled for VEVRAA and Section 503 of the Rehabilitation...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Mitratech Holdings, Inc

[Webinar] One Year into the Biden Administration: Trends in Federal Contractor Audits - January 11th, 9:00 am PT

January 2021 marked the inauguration of President Biden as well as the appointment of Jenny Yang as the Director of the Office of Federal Contract Compliance Program. This webinar session will cover trends seen by OFCCP...more

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Jackson Lewis P.C.

For Once, Good Deed Goes Unpunished

Jackson Lewis P.C. on

What is an employer’s risk in terminating an employee who has suffered an injury or becomes disabled and no longer can perform the essential functions of the position? How can that risk be lowered?...more

Jackson Lewis P.C.

COVID-19 Pandemic New Year: What Employers Should Know

Jackson Lewis P.C. on

The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Bowditch & Dewey

EEOC Releases "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws"

Bowditch & Dewey on

The U.S. Equal Employment Opportunity Commission (EEOC) has recently released Q&A guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. The guidance was updated on...more

U.S. Equal Employment Opportunity Commission...

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Technical Assistance Questions and Answers - Updated on April 9, 2020 All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus. - The EEOC enforces workplace anti-discrimination laws, including...more

Polsinelli

OFCCP Offers Compliance Guidance For Focused Reviews

Polsinelli on

This year, OFCCP will for the first time be conducting focused reviews that hone in on contractors’ compliance with disability-related obligations under Section 503 of the Rehabilitation Act. ...more

Bradley Arant Boult Cummings LLP

DOL Seeks Approval of New Approach for Monitoring Construction Contractor Compliance with Affirmative Action Requirements

The Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) recently requested approval from the Office of Management and Budget (OMB) of a new approach to review federal construction contractors’...more

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

Section 503–Focused Review Letters Anticipated to Be Issued Soon

In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-04, which notified contractors that it was “in the process of implementing a comprehensive initiative that seeks to ensure...more

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

What’s the Deal with Federal Contractors and the OFCCP? The Basics

Any employer doing business with the federal government should be aware of the Office of Federal Contract Compliance Programs (OFCCP) and the various laws administered by this agency. In this podcast, Columbia shareholder...more

Constangy, Brooks, Smith & Prophete, LLP

Disability inclusion award in the works for contractors

Following its recent Directive to develop a Contractor Recognition Program, the Office of Federal Contract Compliance Programs has proposed to implement an Excellence in Disability Inclusion Award. This award would recognize...more

Foley & Lardner LLP

You Might Be a Federal Government Contractor — Better Check Now

Foley & Lardner LLP on

If your company: sells goods or services to the federal government; or - sells goods or services to companies that use those goods or services in the products they sell to the federal government, you need to read this...more

Littler

Federal Contractors Must Update Disability Self-Identification Forms on February 1, 2017

Littler on

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more

Foley & Lardner LLP

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Foley & Lardner LLP on

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

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