OFCCP Disability Self-ID Form Approved

Claiming it is now “a more effective and efficient civil rights enforcement agency,” the Office of Federal Contract Compliance Programs (OFCCP) recently announced that it had recovered $67.5 million for rejected applicants and employees during fiscal year 2008. Ninety-nine percent of the funds collected were in cases of “systemic discrimination” involving substantial numbers of applicants or employees subjected to allegedly discriminatory practices or policies.

A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment Discrimination Law (LEDL) case, finding, among other things, that accounting for and excusing a false positive drug test resulting from extended cannabidiol (CBD) use may be a reasonable accommodation.

After a slow start due to the Senate confirmation fight over National Labor Relations Board (NLRB) Member Craig Becker (eventually given a recess appointment by President Barack Obama) and the need to reconsider scores of decisions from the former two-Member Board (as a result of the U.S. Supreme Court’s New Process Steel decision), the NLRB has now begun to issue significant decisions.