Rehabilitation Act

News & Analysis as of

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

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

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

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

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

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

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

United States Department of Education Issues Guidance on Civil Rights of Students with ADHD

On July 26, 2016, the United States Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter and resource guide (“Guidance”) to LEAs, preschools and post-secondary education institutions...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

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

OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors

On July 1, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) had approved a new version of OFCCP’s Scheduling Letter and Itemized Listing. Such forms are...more

HHS Office of Civil Rights Releases Guidance for Long-Term Care Facilities Using the Minimum Data Set to Facilitate Opportunities...

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued new guidance to help long-term care facilities comply with anti-discrimination obligations when they administer the Minimum Data...more

Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

Legal Update: School Website Accessibility and Digital Communications Requirements

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

How Accessible is Your Website? OCR Prioritizing Equal Access for Educational Institutions’ Websites and Web-Based Applications

There is immense value in maintaining a website for your educational agency. Indeed, websites and web-based applications are intended to provide efficient and accessible information to the public, who rely on the information...more

Federal Contractor Alert From the 5th Circuit: Disability Plaintiffs Need Not Be Employees

In a case of first impression, the Fifth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 permits employment discrimination suits by independent government contractors. In Flynn v. Distinctive...more

Tax Court Holds Damages Not Attributable to Physical Injury

Section 104(a)(2) of the Internal Revenue Code provides an exclusion from gross income for damages received for physical personal injury or physical sickness. The statute further provides that emotional distress is not a...more

EEOC Proposes Regulations Describing Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

Commission Seeks Public Comment on Proposed Rule Implementing Section 501 of the Rehabilitation Act - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking...more

EEOC Guidance on Retaliation: Make it Easier for Employees to Prove Their Case

This installment of our ongoing series on federal regulatory actions impacting employers examines the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related...more

Harvard and MIT: A Decision Is Here! (Sort Of)

Long after the Department of Justice’s (DOJ) Statements of Interest (SOI) were filed in June of 2015 in the cases involving Harvard University and the Massachusetts Institute of Technology (MIT), touching off a flood of...more

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

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

Are You Training Your Teachers on Trauma-Informed Practices?

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

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving...more

[Webinar] 2015 OFCCP DEVELOPMENTS: What Federal Contractors Need to Know Before Updating AAPs for 2016 - Nov. 10, 1:00 p.m. EDT

2015 marks the first year that many contractors have begun fully implementing the amended VEVRAA and Rehab Act regulations. OFCCP continues with its regulatory reform agenda issuing additional regulations in various stages...more

Special Education Student Succeeds In Bid For Fees Under Individuals With Disabilities Education Act

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA)....more

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