News & Analysis as of

Rehabilitation Act

EEOC Issues New Guide to Assist Federal Agencies to Provide Personal Assistance Services (PAS)

Provides Answers Agencies May Have Regarding PAS Programs - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the release of a Questions and Answers Guide to assist federal agencies to...more

OFCCP Exempts Hurricane Harvey Contractors From Written Affirmative Action Program Requirement

Experts have estimated that it may cost as much as $180 billion to repair the damage done by Hurricane Harvey. With so much rebuilding to be done, the Office of Federal Contract Compliance Programs is temporarily waiving...more

Franchise Litigation Rising Over Dietary Considerations

by Lewitt Hackman on

Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more

A Cautionary Tale for Healthcare Providers: Are You Actually Providing Effective Communication Under the ADA and the...

by K&L Gates LLP on

The Eleventh Circuit, in Silva v. Baptist Health South Florida, Inc., recently addressed a healthcare provider’s obligation to provide effective communication, through appropriate auxiliary aids and services, to persons with...more

Ninth Circuit Upholds Owners Rights to Seek Contribution From Third Parties for ADA Violations

In a victory for owners of facilities covered by the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Ninth Circuit has upheld a property owner’s right to seek contribution from third parties who fail...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Regulatory comments due in March & other housing news updates

by Ballard Spahr LLP on

Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 - On January 18, 2017, HUD issued a proposed rule to implement...more

Federal Contractors Required to Use New Disability Self-Identification Form

The revised Regulations of Section 503 of the Rehabilitation Act (which became effective in March 2014) required Federal contractors and subcontractors to invite applicants and employees to self-identify their disability...more

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Supreme Court Decides Fry v. Napoleon Community Schools

by Faegre Baker Daniels on

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities...more

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

by 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

Uncle Sam Wants You! (to Provide Employee Compensation Data)

by Foley & Lardner LLP on

A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

by Barley Snyder on

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

WCAG 2.0 AA Gains Prominence as Website Accessibility Standard

The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) finalized a regulation this week that will make the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA the design standard when...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

by Franczek Radelet P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

U.S. Access Board Issues Standards for Medical Diagnostic Equipment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Many years in the making, today the Access Board issued design criteria and other standards for medical diagnostic equipment. Today, the U.S. Access Board issued new accessibility standards for medical...more

EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

New Rule Implementing Section 501 of the Rehabilitation Act Sets Employment Goals for Federal Agencies - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what...more

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

by Davis Wright Tremaine LLP on

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

by Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

by Shipman & Goodwin LLP on

The Office for Civil Rights (OCR) issued another Dear Colleague Letter (DCL) on July 26, 2016 regarding the obligation of school districts to students with Attention Deficit Hyperactivity Disorder (ADHD) under Section 504 of...more

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

by Franczek Radelet P.C. on

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

by Franczek Radelet P.C. on

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

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