Civil Rights Science, Computers & Technology Communications & Media

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That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Does Your Website or Mobile App Discriminate?

Are you confident that your business complies with federal anti-discrimination laws? If you offer goods or services to the public through the Internet, the answer may not be as simple as you think. Increasingly, lawsuits...more

AT&T Petitions FCC to Replace TTY with Real-Time Text for Hearing Impaired Communications

On Friday, AT&T submitted a Petition for Rulemaking to the FCC, requesting that the Commission update its rules requiring support for text telephone (TTY) technology. The petition asks the FCC to launch a proceeding to...more

Alert: New Video Game Accessibility Requirements Starting in October

The Twenty-First Century Communications and Video Accessibility Act of 2010 ("CVAA") requires video game equipment, software and related services to be accessible to and usable by individuals with disabilities. The CVAA...more

Must Schools Protect Teachers from Bullying by Students Online?

A lawsuit filed by a California teacher against the school district where she works puts a new spin on an old problem. As the National School Boards Association reported, the suit, filed last week by Amy Sulkis in the Los...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the...more

Website Regulations Update: Public Accommodations Proposed Regs Further Delayed BUT State and Local Proposed Rules Due Out. . ....

According to the Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions, the Department of Justice (DOJ) will issue no proposed regulations for public accommodations websites until least April 2016 — nearly...more

Alert: FCC Expands Disability Access Requirements to Tablets, Laptops and Smartphones

Consistent with its recent actions expanding the Federal Communications Commission's ("FCC") oversight of the Internet and of privacy, the FCC has further extended its reach in another area—disability access. Expanding on its...more

Technology And The Workplace

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

New ACLU App Will Allow Californians to Capture and Share Video on Police Encounters

In response to the increasing tensions between law enforcement agencies and the public, the ACLU announced it is launching an app to allow people to film law enforcement officers in action and automatically download a copy of...more

Ninth Circuit Holds That ADA Is Applicable Only to “Actual, Physical Place”

The decision in Earll v. eBay finds that a website business not connected to any physical place is not a “place of public accommodation” for purposes of Title III of the ADA....more

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

ADA Defense Lawyer: New ADA standards for website accessibility

Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users. In 2013, the DOJ withdrew its proposed...more

Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that....more

DOJ Settlement Suggests Push to Expand ADA Coverage to All Websites and Apps

The chance of future DOJ investigations justifies companies’ reviews of customer-oriented websites and apps for accessibility. As consumers continue to use the Internet and their smartphones for their shopping in...more

A Moment of Simple Justice - Snitching Ain't Easy [Video]

Nov. 3, 2014 (Mimesis Law) -- The DEA gets into the business of making fake Facebook profiles of informants and Scott sorts through the damage....more

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

The New ADA Design and Construction Issue: Website Accessibility

- The DOJ has indicated that it plans on issuing a separate regulation to address website accessibility. However, no official action has been taken since it first sought comments on its proposal for addressing website...more

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

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