Accessibility Rules

News & Analysis as of

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 peapod.com, 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

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

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

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

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

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