Developments at the EEOC: On September 26, 2018, the Equal Employment Opportunity Commission's Office of Federal Operations issued its decision in Cleveland C. et al. v. Dept. of Defense, EEOC Appeal Nos. 0120170405-0120170414. Shifting from prior precedent, the EEOC recognized reasonable accommodation protections for persons suffering from pseudofolliculitis barbae (PB).
News from Passman & Kaplan: Passman & Kaplan Founding Principal Joseph V. Kaplan will present a webinar on disability issues in the federal workplace on September 13, 2018, at 12:00pm Eastern. The webinar, entitled "Accommodating and Managing Federal Employees with Mental and Intellectual Disabilities" is presented by LRP Publications. For further information, see LRP Publications' website: http://www.lrpfederalwebinars.com/register.html.
Developments at the EEOC: On January 3, 2017, the Equal Employment Opportunity Commission (EEOC) published a Final Rule in the Federal Register, 82 Fed.Reg. 654-681. The Final Rule clarifies the federal government's obligations as a model employer of disabled individuals.
Developments at the EEOC: On February 19, 2015, the EEOC's Office of Federal Operations (OFO) issued its decision in Meyer et al. v. Department of State, EEOC Request No. 0520140506. OFO upheld class certification for a claim against the State Department (Agency) of alleged disability discrimination in hiring for Foreign Service positions.
News from the Federal Circuit: On February 18, 2015, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential split decision in Herring v. Merit Systems Protection Board, ___ F.3d ___, No. 2013-3170. The majority found 'good cause' to excuse Ms. Herring's untimely filing of her Merit Systems Protection Board (MSPB) appeal, based on delays by Ms. Herring's law firm.
Developments at the EEOC: On February 6, 2015, the Equal Employment Opportunity Commission (EEOC) published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register (80 Fed.Reg. 6,669-6,671). In the ANPRM, the EEOC requests public comment on all aspects of its federal-sector EEO complaints adjudication process, potentially contemplating a future revision of that process.
Developments at the MSPB: On December 18, 2014, the Merit Systems Protection Board issued its decision in Southerland v. Dept. of Defense, 2014 MSPB 88, the third trip to the MSPB for this case. In rejecting Mr. Southerland's petition for attorneys' fees, the MSPB potentially raised a new dispute with the Equal Employment Opportunity Commission (EEOC) concerning mixed cases.
Developments at the EEOC: On May 15, 2014, the Equal Employment Opportunity Commission published an Advance Notice of Proposed Rulemaking in the Federal Register (79 Fed.Reg. 27,824-27,826). The Notice, entitled "The Federal Sector's Obligation To Be a Model Employer of Individuals With Disabilities" seeks comments from the public on how to implement the federal government's statutory obligation to be a model employer of the disabled. Comments are due by July 14, 2014.
News from the Supreme Court: As part of a set of orders, the Supreme Court on May 28, 2013, issued a order denying United Airlines' request for the Supreme Court to hear its appeal of the September 7, 2012, decision of the U.S. Court of Appeals for the 7th Circuit in EEOC v. United Airlines, Case No. 11-1774. The Supreme Court's order lets stand the 7th Circuit's decision affirming the right of employees to seek reassignment to vacant positions as a form of reasonable accommodation for their disabilities when accommodation in the original position is not possible.
Developments at OPM: In a final regulation published in the Federal Register on February 22, 2013, the Office of Personnel Management (OPM) finalized changes to existing regulations to simplify the paperwork for qualified disabled applicants to apply for federal jobs under "Schedule A Hiring Authority". The final rule appears at 78 Fed.Reg. 12,219.