News & Analysis as of

Americans with Disabilities Act (ADA) Disability Title III

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

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The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

Seyfarth Shaw LLP

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared to 2021

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The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings. At the end of June 2021, the lawsuit count was 6,304. This year, the number of lawsuits filed by the end of June...more

Bradley Arant Boult Cummings LLP

The ADA and Your Website A Guide to Website Accessibility Claims

Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more

Sheppard Mullin Richter & Hampton LLP

The Department of Justice Issues “Web Accessibility Guidance”

On March 18, 2022, the Department of Justice (“DOJ”) issued “Web Accessibility Guidance” for state and local governments and public accommodations under Titles II and III of the Americans with Disabilities Act (“ADA”) (the...more

Seyfarth Shaw LLP

The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker

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Seyfarth Synopsis: ADA Title III lawsuits filed in 2020 fell slightly from last year’s high, but still topped 10,000 for the second time since we started tracking these lawsuits in 2013....more

Parker Poe Adams & Bernstein LLP

Nike Settlement Raises Questions for Employee Mask Mandates

Most U.S. employers have implemented some form of employee mask mandate in response to the COVID-19 pandemic. The likely issuance of a federal Occupational Safety and Health Administration emergency COVID-19 safety standard...more

Weintraub Tobin

Ninth Circuit Clarifies The Interactive Process Does Not Apply To Public Accommodations Under Title III

Weintraub Tobin on

The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore...more

Jackson Lewis P.C.

Court Finds Standing Requirement For ADA Title III Claim Requires Plaintiff To Have “Concrete And Realistic” Plan To Return To The...

Jackson Lewis P.C. on

A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more

FordHarrison

Does Your Business Comply with the ADA's Accessibility Requirements?

FordHarrison on

Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more

Fox Rothschild LLP

The Next Wave Of ADA Title III Litigation In Florida – Hotel Reservation Systems

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"Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. That’s a quote from Ferris Bueller, but these days the sentiment is equally applicable to Americans with Disabilities Act...more

Jackson Lewis P.C.

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

Fox Rothschild LLP

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

Fox Rothschild LLP on

ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

Seyfarth Shaw LLP

New York Passes Law Against Service Animal Fraud, Joining Other States

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Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals. ...more

Jackson Lewis P.C.

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

Seyfarth Shaw LLP

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

Seyfarth Shaw LLP on

Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public...more

Jaburg Wilk

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Seyfarth Shaw LLP

Utah Is a New Hotbed of ADA Title III Federal Suits

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Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits....more

Littler

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

Shutts & Bowen LLP

Property Owners Gaining New Tools To Fight ADA Lawsuits

Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Seyfarth Shaw LLP

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Seyfarth Shaw LLP

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Ballard Spahr LLP

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

Ballard Spahr LLP on

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These...more

Shutts & Bowen LLP

Your property was hit with an ADA lawsuit – now what?

Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Seyfarth Shaw LLP

Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility....more

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