Accessibility Rules

News & Analysis as of

Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at...more

Coming Soon to a Workplace Near You: AODA Employment Standards

All organizations with 50 or more employees in Ontario will be required to comply with the accessible employment standards made under the Accessibility for Ontarians with Disabilities Act, 2005 starting on January 1, 2016....more

FCC Grants AT&T Waiver Request to Use Real-Time Text for Hearing Impaired Communications

On October 6, the FCC issued an Order granting AT&T a temporary limited waiver of the text telephony (TTY) rules “on wireless networks to the extent that they use Internet Protocol (IP) technologies.” In June 2015, AT&T had...more

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...more

Justice Department Applies ADA Title III To Carnival’s Cruise Ships, Website, and Mobile App in a Landmark Settlement

In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical...more

Medicaid Managed Care Update: A Middle Ground for Network Adequacy Standards

This article is part of a series that takes an in-depth look at several proposals that would affect managed care organizations, health care providers and other industry stakeholders participating in, and contracting with...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

FCC Releases Emergency Information Accessibility Rules for Second-Screen Devices and Grants Compliance Waivers

The Federal Communications Commission (FCC) has released the text of its Second Report and Order (R&O) adopting rules requiring multichannel video programming distributors (MVPDs) to pass through the secondary audio stream...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

Alert: Websites as Places of Public Accommodation: DOJ Settlement May Extend Accessibility Requirements to Virtual Space

Recent headlines around a high-profile settlement between the US Department of Justice and edX, Inc., one of the largest and earliest distributors of MOOCs, have once again highlighted the importance of understanding the...more

FCC Adopts Emergency Information Accessibility Rules for Second-Screen Devices

At its May 21, 2015, Open Meeting, the Federal Communications Commission (FCC) adopted new rules requiring visually displayed emergency information to be available aurally on “second screens” – such as tablets, laptops, or...more

Another DOJ Action over Allegedly Inaccessible Websites and Other Technologies

For today’s Global Accessibility Awareness Day, we have yet another Department Justice enforcement action to report relating to the allegedly inaccessible websites and other technologies. This time, DOJ is trying to...more

New York Law Creates Quandary for Businesses with New “Accessible Icon”

Despite the url and frequent federal focus of this blog, it is important to remember that many states and municipalities have their own disability access laws and regulations with which businesses must comply. ...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

AODA in Brief

The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) which serves as the framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated Accessibility...more

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 required all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not been...more

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

Department of Education Issues Guidance on Sufficient Communication Modalities

On November 12, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS), and the U.S. Department of Justice distributed a joint Dear...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

DOJ Requires Compliance with Voluntary Guidance for Website Accessibility - Website Operators: Be Aware of Efforts to Expand Legal...

The Department of Justice (DOJ) has announced a compliance review and subsequent settlement agreement with Ahold U.S.A. Inc. and Peapod, LLC – the owner and operator of, an online grocery shopping website. The...more

Accessible Technology

As most of our readers know, companies that are federal contractors and subcontractors are subject to new rules (which became effective on March 24, 2014) with respect to individuals with disabilities. The new rules amended...more

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