News & Analysis as of

Americans with Disabilities Act (ADA) Office of Civil Rights Rehabilitation Act

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

Seyfarth Shaw LLP on

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Greenbaum, Rowe, Smith & Davis LLP

HHS Issues Guidance Regarding Civil Rights Protections Under Rehabilitation Act and Affordable Care Act for Persons with...

What You Should Know •The HHS Office of Civil Rights has issued new guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. •The guidance is based on protections under...more

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

Husch Blackwell LLP on

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more

TNG Consulting

How Disability Law Impacts Voluntary and Involuntary Student Leaves Related to Harm-to-Self and Harm-to-Others

TNG Consulting on

This topic is raised fairly frequently by members of the National Association for Behavioral Intervention and Threat Assessment (NABITA). This Tip of the Week offers key understandings and best practices and is adapted from a...more

Hinshaw & Culbertson - Health Care

Picking and Choosing COVID-19 Patients: Health Care Providers Face Ethical and Legal Dilemmas When Following State Triage...

Hospitals, physicians, and other health care providers are facing unprecedented ethical and legal challenges related to the shortage of critical-care resources for patients during the coronavirus pandemic (COVID-19). Some...more

Health Care Compliance Association (HCCA)

OCR releases bulletin regarding the rights of people with disabilities

Compliance Today (June 2020) - On March 28, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin reminding healthcare organizations of their obligations under the...more

Roetzel & Andress

Increased Focus For School Website Accessibility

Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Rumberger | Kirk

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

Rumberger | Kirk on

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

Franczek P.C.

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

Franczek 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

Ballard Spahr LLP

OCR Investigations of Educational Institutions Find Violations of Title IX, Section 504, ADA

Ballard Spahr LLP on

The U.S. Department of Education’s Office of Civil Rights (OCR) recently announced that its compliance reviews of two educational institutions found one institution did not comply with Title IX in responding to incidents of...more

Franczek P.C.

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Franczek P.C. on

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

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