News & Analysis as of

Disability State and Local Government

Bond Schoeneck & King PLLC

New Law Requires Same-Day Parental Notification for Use of Restraints or Time Out Rooms

On Aug. 17, 2022, Gov. Hochul signed into law Senate Bill S7548A which requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are...more

Fox Rothschild LLP

Revisions to the Pennsylvania School Code: What You Need to Know

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Pennsylvania Gov. Tom Wolf has signed into law several changes to the Pennsylvania School Code. Here are some highlights from Act 55 of 2022, and the impact it will have on school entities in the Commonwealth....more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...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

McDermott Will & Emery

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

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On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group released a memorandum (QSO-22-07-ALL) providing guidance and details on survey procedures for assessing and...more

Bass, Berry & Sims PLC

CMS Announces It Will Enforce COVID-19 Vaccine Rule in 25 States Not Enjoined by a Court

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The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare...more

Bradley Arant Boult Cummings LLP

New York Adds ADA-Type Requirement and Teeth to Debt Collection Procedure Act

On October 8, the governor of New York signed Bill No. AO-2260A to assist borrowers who need accommodation for visual impairments. Bill No. AO-2260A is “an act to amend the general business law, in relation to requiring debt...more

Fox Rothschild LLP

New California Wage & Hour Laws for 2022

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The close of the 2021 California legislative session brings forth a series of new wage and hour laws that impact employers and take effect on January 1, 2022. Assembly Bill (AB) 286 addresses food delivery, including...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Governor Immunizes Citizens From Vaccine Passport Requirements by Cities and Counties

On June 15, 2021, Missouri Governor Mike Parson signed House Bill 271 prohibiting any county, city, town, or village government receiving public funds from requiring COVID-19 vaccination documents (commonly known as “vaccine...more

Bricker Graydon LLP

Big win for Ohio employers: PTSD benefits for first responders

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On January 9, 2021, Ohio Governor DeWine signed into law House Bill 308, which creates a fund for the payment of compensation and benefits for first responders who become disabled as a result of post-traumatic stress disorder...more

Sheppard Mullin Richter & Hampton LLP

New York’s First Department Appellate Division Highlights the Stringent Requirements For Reasonably Accommodating Individuals with...

On June 18, 2020, the First Department issued Hosking v. Memorial Sloan-Kettering Cancer Ctr., 2020 N.Y. Slip Op. 03484 (1st Dept. June 18, 2020), a decision analyzing the more stringent requirements under the New York City...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

McAfee & Taft

Municipalities and universities new targets in ADA website accessibility lawsuits

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For years, private businesses have faced demand letters and litigation over the accessibility of their websites by individuals with disabilities, with 2018 seeing a record number of website accessibility lawsuits under the...more

Seyfarth Shaw LLP

As Effective Date For “Cooperative Dialogue” Approaches, New York City Issues Guidance

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Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more

Seyfarth Shaw LLP

Addressing Alcoholism In The California Workplace

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It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

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

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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

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