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Department of Justice (DOJ) Disability

Seyfarth Shaw LLP

“Polly Want A Windfall?”: U.S. Department of Justice Slams NYC Co-Op for Denying Three Emotional Support Parrots, Imposing...

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Co-op and condo boards have a legal obligation to provide reasonable accommodations to residents with disabilities. Residents often request permission to live with their so-called emotional support or therapy animals (“ESAs”)...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more

Willcox & Savage

You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the...

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Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

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​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...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

McNees Wallace & Nurick LLC

Long COVID may be a disability, Biden Says

The Biden Administration announced earlier this summer that Long COVID may qualify as a disability under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act and several other federal statutes offering...more

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

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

Fox Rothschild LLP

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

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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

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

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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

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

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Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Fox Rothschild LLP

Some Further Thoughts On Medical Verifications For Emotional Support Animals

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A couple of interesting emotional support animal medical verification questions have hit my desk over the past month. First, recall that case law on the issue of permissible credentials of a medical or health care...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

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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

Ballard Spahr LLP

Regulatory comments due in March & other housing news updates

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Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 - On January 18, 2017, HUD issued a proposed rule to implement...more

Seyfarth Shaw LLP

Executive Order Likely Dooms Website Regulations for Public Accommodations

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Seyfarth Synopsis: An executive order from President Trump will likely halt the Justice Department’s public accommodations website rulemaking. President Obama’s Department of Justice (DOJ) had stated that proposed...more

Seyfarth Shaw LLP

DOJ Publishes Final Rule Requiring Movie Theaters Nationwide to Provide Closed Captioning and Audio Description

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Seyfarth Synopsis: DOJ published regulations today requiring that movie theaters throughout the United States provide closed captioning and audio description to patrons with disabilities for digital movies distributed with...more

Seyfarth Shaw LLP

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

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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

Ballard Spahr LLP

DOJ Continues ADA Web Accessibility Enforcement

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The U.S. Department of Justice (DOJ) has filed a consent decree to resolve allegations by a blind student regarding the accessibility of a university's website and other technologies. The DOJ requires the university to pay...more

Perkins Coie

Avoiding Lawsuits under the ADA

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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

Rumberger | Kirk

What To Know About Website Accessibility Claims

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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

Seyfarth Shaw LLP

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

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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

Patrick Malone & Associates P.C. | DC Injury...

South Dakota accused of bias in confinement of sick and disabled

Severe diabetics, the blind, and the mentally ill all too often get sent to sterile and restrictive group or nursing homes by South Dakota officials who can’t seem to find other care options because they discriminate against...more

Ballard Spahr LLP

Effective Communication with Consumers with Disabilities

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The Americans with Disabilities Act (ADA) applies to certain entities providing goods and services to the public. In the context of interactions with the public, mortgage lenders have obligations to ensure that information...more

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

Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at...more

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