Accessibility Rules

News & Analysis as of

Accessibility for Ontarians With Disabilities Act, 2005, Part I: Is Your Business Subject to the Law’s Customer Service Standards?...

This is the first installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005. Part one addresses the scope and applicability of the law...more

Serial Plaintiffs Are Filing Waves of Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Bridging The App: Apps That Aid Individuals With Disabilities Enter The Workplace

Over the past 20 years, the number of individuals with disabilities in the workforce has increased due in part to the Americans with Disabilities Act (ADA). Contemporary technological developments could help increase this...more

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

New Healthcare Regulations Impose Accessible Technology Requirements

Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible...more

What Relief Does New Disability Access Legislation Provide for Businesses?

In recent years, in response to complaints from both large and small business owners, the California Legislature enacted a variety of measures to rein in lawsuits by individuals with disabilities under California’s Unruh...more

California Takes Another Stab at Disability Access Reform But Again Falls Short

On May 10, 2016, California Governor Brown signed into law a measure aimed at encouraging small businesses to come into compliance with construction-related access requirements. The law takes effect immediately. The authors...more

FCC Seeks Comment on Accessibility Issues/Compliance for the 2016 Biennial CVAA Report

On Monday, May 23, 2016, the Consumer and Government Affairs Bureau (CGB or Bureau) of the Federal Communications Commission (FCC or Commission) released a Public Notice seeking comment on the state of compliance with the...more

On Global Accessibility Awareness Day, DOJ Releases Agenda Indicating Progress in 2016; Omits Title III

This morning, on Global Accessibility Awareness Day, DOJ participated by issuing its Spring 2016 unified agenda, including upcoming regulatory actions on web accessibility and movie captioning. AA65: State and Local...more

West Coast Real Estate Update: May 2016 #3

California Adopts ADA Relief for Small Businesses - Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Governor Brown Signs Legislation Aimed to Curb ADA Accessibility Abuses in California

This past week Governor Jerry Brown signed Senate Bill 269. The new law is the latest attempt to curb lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related states laws which many businesses...more

Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds

Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

FCC Reminds Broadband Providers of Disabilities Access Duties

The Federal Communications Commission (FCC or Commission) has long-required regulated telecommunications service providers (as well as VoIP providers) and equipment manufacturers to make their services and devices accessible...more

Reminder: FCC Accessibility Reporting Requirements Due April 1

The deadline applies to all service providers and equipment manufacturers subject to section 255, 716, or 718 of the Communications Act. Service providers and equipment manufacturers subject to section 255, 716, or 718...more

Illinois Appellate Court Sheds Light on When Records Are Not “Reasonably Accessible” On A Public Body’s Website Under FOIA

The Illinois Freedom of Information Act (FOIA) was amended in December, 2014 to provide that a public body is not required to copy a public record that is published on the public body’s website. 5 ILCS 140/8.5. The exception...more

Annual Accessibility Recordkeeping and Contact Information Update Due April 1 at the FCC

By no later than April 1, 2016, entities providing telecommunications (now including broadband Internet access service), VoIP, advanced communications services (email, text), or mobile phone Internet browsers must certify to...more

ADA 'Drive-by' Lawsuits are Targeting Restaurants

An increasing number of plaintiffs’ attorneys are targeting restaurants, bars, and retail establishments in urban areas for “drive-by” lawsuits under Title III of the Americans with Disabilities Act (ADA). Despite its...more

West Coast Real Estate Update: Feb. 2016 #4

ASTM Updates Property Condition Assessments Standard - The American Society for Testing and Materials (ASTM) published at the end of 2015 the latest version of the Standard Guide for Property Condition Assessments:...more

Your daily dose of financial news The Brief – 2.4.16

Beware the toxic debt hangover, a nasty side effect of years of the aggressive stimulus policies governments and central banks around the world have engaged in to ramp up their economies. Trillions of dollars of bad loans,...more

AODA: Where are we? - News for Ontario retailers

Why is the AODA important to retailers? The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) has the goal of making the province of Ontario fully accessible by 2025. The first component required accessible...more

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert...more

FCC Service Provider Hearing Aid Compatibility Report Due January 2016

All providers of digital commercial mobile radio service (CMRS) in the United States must file, by midnight January 15, 2016, FCC Form 655 reporting on the status of the provider’s compliance with the Federal Communications...more

FCC Expands Hearing Aid Compatibility Rules to Wi-Fi Calling and VoIP and Proposes Compatibility for All Handsets

On November 19, 2015, the Federal Communications Commission (FCC or Commission) adopted a Fourth Report and Order (R&O) and Notice of Proposed Rulemaking (NPRM), expanding its hearing aid compatibility (HAC) rules to cover...more

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