Americans with Disabilities Act Disability Access Claims

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

U.S. Access Board Advisory Committee's Recommendations for ADA-Accessible Medical Diagnostic Equipment: Implications for Health...

For the past several years, the health care community has been not only at the center of vigorous policy debates about the method of health care delivery in this country, but also in the crosshairs of agencies charged with...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

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

Action Required! New Commercial Lease Disclosure Concerning Disability Access Legal Requirements (California Civil Code Section...

This year, July 1 marks more than just the halfway point of the year. Effective July 1, commercial and nonresidential property owners in California have additional disclosure requirements to contend with courtesy of...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

Five New ADA Pool Lift Lawsuits Filed

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

Reminder: ADA Accessibility Disclosures Required in Commercial Leases Beginning July 1, 2013

A friendly reminder from your neighborhood construction attorney . . . As I mentioned in an earlier post, legislation enacted this past year which established a new California Civil Code section 1938 will require that...more

Two More ADA Pool Lift Lawsuits Filed—More Are Certainly on the Way

Just saw two new lawsuits filed against hotels under the recently-effective pool lift regulation. Both lawsuits were filed on May 20—one in federal court in Minneapolis against a national hotel chain and the second, a...more

How To Avoid Your Business Becoming An ADA Target

It is certainly good to know what to do if your business is served with a lawsuit under the ADA. It is even better to know what steps you can take to help avoid your business becoming a target for these lawsuits in the first...more

Weekly Law Resume - December 27, 2012: ADA Defendant Granted Attorney Fees as a “Prevailing Party”

Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more

Prevailing Property Owners May Recover Attorney Fees After Defending Accessibility Lawsuit

California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more

New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...more

Massachusetts Federal Court Holds That Websites Can Be Places Of Public Accommodation For Purposes Of The ADA

In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as “Watch Instantly,” constitutes a place of public...more

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