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Ninth Circuit: Domino's Website Required to Comply With ADA

Litigation surrounding the accessibility of online services continues to evolve. On January 15, 2019, the U.S. Court of Appeals for the Ninth Circuit ruled that the website and mobile app of Domino's Pizza must comply with...more

Plaintiffs' Firms Continue to Bring Website Accessibility Claims Under Federal and State Law

Courts across the country have increasingly held that the websites of certain businesses that provide goods and services to the public are covered by the Americans with Disabilities Act (ADA). ...more

Department of Education Proposes Significant Changes to Title IX Regulations

Last week, the U.S. Department of Education released a proposed rule to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX)....more

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

A New Wave of Website Accessibility Litigation

Businesses, including various employers and financial service providers, continue to face potential litigation over the accessibility of their websites to individuals with disabilities. ...more

A New Wave of Website Accessibility Litigation: Employers Beware

Employers across the country continue to face potential litigation over the accessibility of their websites to individuals with disabilities. The increase in website accessibility litigation under the Americans with...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

DOJ Rescinds 10 ADA Guidance Documents

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper....more

OCR Withdraws Obama-Era Title IX Guidance

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter...more

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more

Businesses continue to face uncertainty, litigation risk in the wake of DOJ’s “inactive” web accessibility rulemaking

On July 20, the Trump Administration posted its first Unified Agenda of Regulatory and Deregulatory Actions. For the first time, the Agenda included a list of “inactive” actions to notify the public of regulations “still...more

Federal Judge Holds Grocery Store Website Subject to ADA

Following a two-day bench trial, a federal judge in Florida issued a decision on June 12, 2017, finding that the website of grocer Winn-Dixie must comply with the Americans with Disabilities Act (ADA) because the website is...more

OCR Signals Continued Title IX Enforcement

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

DOJ Continues ADA Web Accessibility Enforcement

The U.S. Department of Justice (DOJ) has filed a consent decree to resolve allegations by a blind student regarding the accessibility of a university's website and other technologies. The DOJ requires the university to pay...more

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

University’s Race-Conscious Admissions Program Upheld by Supreme Court

The U.S. Supreme Court today affirmed the University of Texas at Austin's admissions program, which permits consideration of an applicant’s race as one of a number of factors in admissions decisions. Justice Kennedy authored...more

Government Issues New Guidance on Transgender Students

The U.S. Departments of Justice and Education issued a joint Dear Colleague Letter on May 13, 2016, clarifying that Title IX prohibits discrimination based on gender identity, including transgender status. The guidance states...more

DOJ Requests Further Comments on Web Accessibility Rules

Following years of delay, the U.S. Department of Justice (DOJ) is requesting comment on more than 120 questions regarding the proposed web accessibility rule under Title II of the Americans with Disabilities Act (ADA). Though...more

Effective Communication with Consumers with Disabilities

The Americans with Disabilities Act (ADA) applies to certain entities providing goods and services to the public. In the context of interactions with the public, mortgage lenders have obligations to ensure that information...more

Department of Education Creates Student Aid Enforcement Unit

The U.S. Department of Education is creating a Student Aid Enforcement Unit to respond to allegations of illegal actions by higher education institutions. The announcement closely follows the Department's and Federal Trade...more

Federal Government Remains Focused on Title IX Compliance

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's...more

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more

DOJ Delays Web Accessibility Regulations; Enforcement Actions Continue

The U.S. Department of Justice (DOJ) has published its Fall 2015 Statement of Regulatory Priorities and announced that its much-anticipated rulemaking on web accessibility under the Americans with Disabilities Act (ADA) will...more

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