News & Analysis as of

Equal Access

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

by Shipman & Goodwin LLP on

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider...more

School Districts, Undocumented Student, and Equal Access to Public K-12 Education

With the end of the Deferred Action for Childhood Arrivals program on the horizon, many K-12 schools, school districts, taxpayers, and others are asking: Do undocumented students have the right to attend public schools? And,...more

Ninth Circuit Victory Opens the Door to Medicaid Reimbursement Challenges Based on Equal Access Requirement

by Foley & Lardner LLP on

The Ninth Circuit held August 7 that the Department of Health and Human Services Secretary erred in approving a Medicaid State Plan Amendment (SPA) that cut reimbursement for outpatient hospital services in California by 10%...more

Ninth Circuit Raises Bar for Approving Changes in State Medicaid Reimbursement

by Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit Court raised the bar last week for what states must prove to establish that their Medicaid provider reimbursement rates are sufficient to ensure a robust network of providers...more

EU institutions vote for more books for blind and visually impaired people

by Hogan Lovells on

Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for...more

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

by Tucker Arensberg, P.C. on

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Transgender Restroom Dispute Continues, Despite North Carolina “Deal” To Overturn Controversial “Bathroom Bill”

On Thursday March 30, 2017, Gov. Roy Cooper signed House Bill 142, which repealed North Carolina’s controversial House Bill 2. As previously reported by HR Legalist, House Bill 2 was signed into law on March 23, 2016, and...more

California Adopts Broad Gender-Neutral Bathroom Rules–Signage Rules Expand Beyond ADA Concerns

by Jackson Lewis P.C. on

Effective March 1, California’s Equal Restroom Access Act (ERAA) will require some single-occupancy restrooms to have signs indicating they are gender-neutral....more

Adequacy is Adequate: DC District Court Certifies Pacer Fee Class

by Carlton Fields on

The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The...more

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

by Seyfarth Shaw LLP on

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

In Case You Missed It: A Recap of Recent HUD Activity

by Ballard Spahr LLP on

HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. For certain public housing authorities (PHAs) with less than 250...more

Tunisia – New Investment Law

by White & Case LLP on

Prior to the "Tunisia 2020" conference on development and investment which will take place in Tunis at the end of this month, the Tunisian legislature adopted law n°71-2016 dated 30 September 2016, ("Loi sur l’Investissement...more

Higher ed faces ADA challenges over accessibility of university websites

by Thompson Coburn LLP on

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

[Webinar] Could My Company's Website Violate the Americans with Disabilities Act? - June 14th, 12:00pm EDT

by Pepper Hamilton LLP on

Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to...more

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

by Baker Donelson on

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

by Franczek Radelet P.C. on

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

Commissioner Clyburn Embarking on Nationwide Tour

by Davis Wright Tremaine LLP on

Commissioner Clyburn announced her forthcoming Connecting Communities: Bridging the Communications and Opportunities Divide tour in which she will visit communities around the country to “hear first-hand the opportunities and...more

CFPB Encourages Financial Institutions to Improve Checking Account Access

by BakerHostetler on

In remarks delivered yesterday at a field hearing in Louisville, Kentucky, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray announced three actions the CFPB is taking to encourage financial institutions to...more

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

by Seyfarth Shaw LLP on

In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an...more

OCR Takes a Stand on Transgender Students in Locker Rooms

by Ballard Spahr LLP on

The U.S. Department of Education’s Office for Civil Rights (OCR) found an Illinois school district in violation of Title IX of the Education Amendments of 1972 this week for denying a transgender student access to girls’...more

OCR Finds That Title IX Requires Equal Locker Room Access for Transgender Students

by WilmerHale on

The US Department of Education, Office for Civil Rights (OCR), recently confirmed that transgender students are protected from sex-based discrimination under Title IX and found that a public school district violated Title IX...more

CAS Legal Mailbag Question of the Week – 10/16/15

by Shipman & Goodwin LLP on

At my school, we like to treat everyone like family. Over the years, we have been more than happy to help publicize various events and causes for members of our school “family.” Whenever a parent or other community member has...more

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

by JAMS on

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more

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