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Americans with Disabilities Act Title III Disability

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 -

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

by 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

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

by 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

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

by 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

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

by 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

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

by 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

Controversial 60 Minutes Segment on “Drive-By” ADA Lawsuits Highlights Negative Aspect of the Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Here’s our take on Sunday’s 60 Minutes episode on “drive-by” abusive ADA Title III lawsuits and the legislative efforts to address them. 60 Minutes aired a segment about ADA Title III “drive-by”...more

How Will A Trump Administration Change The ADA Title III Landscape?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our thoughts on the impact of the election on the ADA Title III landscape. We now know that January 20, 2017 will bring a definitive regime change. How will this change impact Title III of the ADA,...more

New Title II and Title III ADA Regulations Take Effect October 11, 2016

by Shipman & Goodwin LLP on

On October 11, 2016, new regulations clarifying the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA) will take effect. Title II prohibits disability discrimination by...more

Arizona Court Consolidates ADA Lawsuits

by Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Massachusetts recently enacted its first statewide ride-sharing law requiring companies like Uber to provide accessible transportation for individuals with disabilities. On the heels of news that Uber...more

Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General. By our count, nearly 300 ADA Title III...more

Avoiding Lawsuits under the ADA

by Perkins Coie on

As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls. Title III of...more

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

by Snell & Wilmer on

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

What To Know About Website Accessibility Claims

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more

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

by Seyfarth Shaw LLP on

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

Quirky Question #267: An Equine Accommodation?

by Dorsey & Whitney LLP on

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

ADA Compliance: Landlords, You're On the Hook

by Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

by Seyfarth Shaw LLP on

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Accessibility 2.0 – is your company’s website accessible to disabled individuals? 5 practical steps toward compliance

by DLA Piper on

A series of lawsuits over the past few years has made it clear that accessibility under Title III of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act, an analogous California statute, includes website...more

DOJ Regulation Proposes New Closed Captioning Requirements

by Holland & Knight LLP on

The Department of Justice has issued a Notice of Proposed Rulemaking that will establish new closed captioning requirements for movie theaters. This proposed rule has been issued under Title III of the Americans with...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Does Your Business Have A Website? Get Ready For New ADA Regulations

by LeClairRyan on

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

Act Now Advisory: DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the ADA -...

by Epstein Becker & Green on

A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more

Insurance and ADA Public Accommodations Claims

by LeClairRyan on

Title III of the Americans with Disabilities Act (ADA) requires that businesses which offer goods and services to the public (i.e. “public accommodations”) take steps to ensure that their facilities are accessible to...more

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