Accessibility Rules

News & Analysis as of

Socially Aware - Volume 5, Issue 5 - August 2014

In This Issue: - Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping - Google Glass Into Europe: A Small Step or a Giant Leap? - Drugs and the Internet: FDA Distributes New...more

Public Bleachers Constructed Prior to the ADA Don't Need Additional Improvements if a Viable Alternative is Offered

Published Case Provides Blueprint for Viable Alternative Seating - The Ninth Circuit has ruled that the Americans with Disabilities Act does not require a public entity to structurally alter existing bleacher seating...more

Week in Review

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from...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

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

HUD Adopts New Accessibility Standard

On May 23, the U.S. Department of Housing and Urban Development (HUD) announced its adoption of an alternative accessibility standard for construction and alteration of housing and other facilities subject to Section 504 of...more

NLRB Strikes Down Work Rule Prohibiting Off-Duty Employee Access To Company Property

Executive Summary: On May 1, 2014, the National Labor Relations Board (NLRB) issued an order finding that Piedmont Gardens, a retirement community, violated § 8(a)(1) of the National Labor Relations Act (NLRA) when it...more

Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits

A Pittsburgh-based law firm, which has filed more than 100 class action lawsuits under Title III of the Americans with Disability Act (ADA) in federal district courts throughout the United States against banks on behalf of a...more

Reminder: Accessibility Record Keeping Certification Required by April 1, 2014

Entities providing traditional telecommunications services, interconnected VoIP, advanced communications services (ACS) (which includes non-interconnected VoIP, electronic messaging services, interoperable video...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

ADA Accessibility Attestation Forms for FIDA (Medicare-Medicaid Advantage Duals) Plans

The Financial Alignment Initiative of the Centers for Medicare & Medicaid Services ("CMS") is a test program designed to better coordinate care for dual Medicare-Medicaid enrollees by aligning the financing of Medicare and...more

Compliance Reminder – Accessibilty For Ontarians With Disabilities Act

The Accessibility for Ontarians with Disabilities Act (“AODA”) has been around for a while. So what’s the big deal now?...more

Air Carrier Access Act: Department of Transportation Finalizes New Rules Governing Accessibility of Airline Web Sites and Kiosks

As part of its continuing implementation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705, the United States Department of Transportation ("DOT") recently issued a series of final rules (the "Rules") geared to improve...more

Preparing for the 2014 AODA Requirements – Does Your Organization Have a Compliance Strategy?

Most organizations in Ontario that have at least one employee and provide goods, services or facilities are required to comply with certain requirements under the Accessibility for Ontarians with Disabilities Act (AODA) and...more

OCR Investigations of Educational Institutions Find Violations of Title IX, Section 504, ADA

The U.S. Department of Education’s Office of Civil Rights (OCR) recently announced that its compliance reviews of two educational institutions found one institution did not comply with Title IX in responding to incidents of...more

Fall Employment And Labour Law Update Seminar

In This Presentation: - AODA update: What employers should know about the Accessibility for Ontarians with Disabilities Act, 2005: ..Goal of AODA ..General accessibility standards ..Multi-year...more

The Americans with Disabilities Act’s ATM Standards - What Store Owners Need to Know

Since the March 2012 effective date of the new Americans with Disabilities Act (ADA) standards regulating automated teller machines (ATM), it is estimated that plaintiffs have filed over 100 class action lawsuits in federal...more

Legal Alert: Tennessee Financial Institutions Should Be Aware Of A Rise In ATM Accessibility Lawsuits

Banks and other financial institutions in Tennessee should take note of a recent string of lawsuits filed in Tennessee challenging the accessibility of automatic teller machines (ATMs)....more

ATM Accessibility Class Actions Make Their Way to Middle Tennessee

On August 5, 2013, seven class action lawsuits were simultaneously filed against separate banks and credit unions in Middle Tennessee, alleging that the defendants’ ATMs failed to comply with the Americans with Disabilities...more

Does Your Business Have A Website? Get Ready For New ADA Regulations

Courts have wrestled for several years with how to apply the ADA’s public accommodation requirements to online businesses or online aspects of businesses (USA Today published an article and quoted me on the issue available at...more

Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of...more

California Lease Disclosure Requirements Regarding ADA Accessibility Now In Effect

Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

Owners of Multifamily Housing Beware

Owners and developers of multifamily housing beware—you may be held responsible for your architect’s oversight. A growing number of state and federal courts are in universal agreement that owners and developers cannot sue...more

Five New ADA Pool Lift Lawsuits Filed

Five new lawsuits were recently filed against hotels under the recently-effective pool lift regulation....more

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