United States: Discrimination, Disability & Sexual Harassment

A federal appeals court has clarified that employers are not required to proactively seek out potential accommodation needs under the Americans with Disabilities Act. The Third Circuit's decision in Hileman v. West Penn Allegheny Health System addresses when an employer's duty to engage in the interactive process is triggered and whether neutral workplace policies can be enforced when disability may have contributed to a violation.

The Equal Employment Opportunity Commission (EEOC) may be enforcing a shortened deadline for employers to submit position statements in response to a Charge of Discrimination (Charge). Although the EEOC’s official policy does not appear to have changed, and its website still states that an employer “generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC,” a growing number of employers across the United States are receiving notice of Charges that set a fifteen-day deadline for position statements, and extensions have become harder to obtain.

The Government Accountability Office has issued a report urging the Department of Labor to strengthen oversight of federal contractors' compliance with Section 503 of the Rehabilitation Act, despite DOL's suspension of audits and certifications in 2025. The report reveals that 532 audits conducted between 2017 and 2025 found violations, raising concerns about reduced assurance of contractor compliance with disability employment obligations.