Disability

News & Analysis as of

An Award of Future Medical Damages is Not Automatic

Barry P. Goldberg counsels his clients that an award of future medical damages is not automatic. In fact, future medical expenses must be carefully presented both at the claim stage and in litigation. Not only must the future...more

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

OFCCP Publishes Additional Information Related to its New Protected Veterans and Disability Regulations

As new regulations from the Office of Federal Contract Compliance Programs (OFCCP) go into effect, the OFCCP has released guidance and materials to help covered contractors comply with the new requirements. The new resources...more

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Strad Oilfield Services to Pay $65,000 to Resolve EEOC Disability Discrimination Finding

Minot, ND Employer Fired Employee Because of Diabetes, Federal Agency Charged - MINNEAPOLIS - In a successful conciliation, Strad Oilfield Services, operating in Minot, N.D., will pay $65,000 in damages to resolve a...more

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Secretary of Labor Thomas E. Perez announced last month that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of affirmative action...more

Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more

Pennsylvania Federal Court Rules on Important Grane Healthcare ADA Case

In a recent decision that has been making headlines across the country, a Pennsylvania federal court held that a local Cambria County company conducted over 300 unlawful pre-offer medical exams in violation of the ADA. ...more

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory. The goal of the Directory is to assist contractors in locating community and other...more

The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

ADA Applies to Students with Food Allergies on University Campuses

In 2013, the Department of Justice announced a landmark settlement with Lesley University (“Lesley” or the “University”) in Cambridge, MA. Stemming from complaints about the University’s treatment of students with food...more

EEOC Roundup (January 2014)

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

New Databases Offer First Step for Disability and Veteran Hiring Regulations

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced two new databases intended to help federal contractors and subcontractors meet new regulatory obligations with respect to...more

March Comes in Like a Lion: Flurry of Action Steps Mandated for Government Contractors and Subcontractors

The Office of Federal Contract Compliance Programs (OFCCP) issued new regulations, which went into effect on March 24, 2014, which impact data collection and analysis for veteran and disabled job candidates and employees. A...more

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was...more

New Affirmative Action Rules Require Immediate Action by Government Contractors and Subcontractors

In October 2013, we alerted government contractors and subcontractors to newly-issued regulations establishing additional affirmative action reporting and hiring preference requirements for veterans and persons with...more

EEOC Sues Baywood Home Care For Disability Discrimination

Mankato Home Health Care Provider Fired Employee Because of Her Fibromyalgia and Osteoarthritis, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider violated federal civil rights law...more

Technical Phases of OFCCP’s Regulations Regarding Individuals with Disabilities, Disabled Veterans, Recently Separated Veterans,...

Technical Phases of OFCCP’s Regulations Regarding Individuals with Disabilities, Disabled Veterans, Recently Separated Veterans, Other Protected Veterans and ArmedForces Service Medal Veterans - Threshold Coverage...more

DC Court Gives Go Ahead for New OFCCP Disability Regulations

On March 21, 2014, in Associated Builders & Contractors, Inc. v. Shiu, the U.S. District Court for the District of Columbia reached a seminal decision in a case challenging a final rule promulgated by the U.S. Department of...more

New Regulations Governing Affirmative Action Requirements For Individuals With Disabilities And Protected Veterans Went Into...

Beginning yesterday, March 24, 2014, federal contractors and subcontractors have a number of new responsibilities. Contractors already have the existing obligation to collect demographic data regarding race and gender and...more

Affirmative Action Plan Changes to Disability and Veterans Hiring Take Effect March 24

The Department of Labor’s Office of Federal Contract Compliance Program’s new regulations regarding affirmative action for veterans and disabled persons take effect March 24. The rules will require major changes in the way...more

OFCCP Launches New Databases to Assist With Disability and Veteran Regulations Compliance

On March 21, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is launching two new databases to assist federal contractors and subcontractors. The new databases are intended to help...more

Federal Contractors Face New Requirements Regarding Recruitment, Hiring, and Identification of Individuals with Disabilities

Effective March 24, 2014, a new rule from the Office of Federal Contract Compliance Programs will require federal contractors and subcontractors to take additional steps to recruit, hire, and retain individuals with...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

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