Public Accommodation

News & Analysis as of

Transgender Accommodation Issues at the Forefront of Employment and Education

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

Attention Public Accommodations: DOJ’s Recent Rulemaking Action for State and Local Government Websites Reveals its Current...

Seyfarth Synopsis:  If you would rather not read the 30-page small print Federal Register notice, this summary will provide you with what you need to know about the Justice Department’s most recent official pronouncement on...more

California Assembly Approves Measure Requiring Single-Occupancy Restrooms to Be Designated “All Gender”

The California Assembly has voted to approve A.B. 1732, which would require all single-occupancy restrooms in any business, public accommodation, or government agency to be branded as “all gender” and ban any single-user...more

Governor Brown Signs Legislation Aimed to Curb ADA Accessibility Abuses in California

This past week Governor Jerry Brown signed Senate Bill 269. The new law is the latest attempt to curb lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related states laws which many businesses...more

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather,...more

Surprise!? DOJ Delays Web Accessibility Rulemaking (Yet Again)

Website accessibility seems to be the Wild, Wild, West of the World Wide Web, and it is not going to get tamer anytime soon. Since July 2010, the DOJ has sought to issue a proposed rulemaking setting standards for website...more

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds

Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more

Is everyone’s website illegal?

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

DOJ Requests Further Comments on Web Accessibility Rules

Following years of delay, the U.S. Department of Justice (DOJ) is requesting comment on more than 120 questions regarding the proposed web accessibility rule under Title II of the Americans with Disabilities Act (ADA). Though...more

Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual,...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

Does Your Company Website Violate the ADA?

The Americans with Disabilities Act (ADA) has is most commonly thought of as prohibiting workplace discrimination against individuals with disabilities and requiring the elimination of physical barriers to public locations. ...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

MassDEP and CZM Propose Changes to Chapter 91 Regulations

MassDEP and the Commonwealth’s office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. Comments are due by...more

Why You Should Make Your Website ADA Accessible Now

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals...more

New York City Enacts Accessibility Standards for Government Websites

NYC recently passed a law requiring that its government agency websites meet accessibility standards. Other state and local governments may follow NYC’s lead and enact accessibility standards for government agencies,...more

Gender-Based Sales Promotions: Good Business or Unlawful Discrimination?

At the risk of sounding crass and overgeneralizing, social establishments – particularly those catering to the non-married crowd – like having more women at their establishments, and so they offer free items to women on the...more

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

DOJ Consent Decree Is A Reminder That Service Providers Are Public Accommodations

When people think of the term “public accommodation,” images of restaurants, storefronts, and hotels come to mind. The Department of Justice’s (DOJ) recent Consent Decree with a moving company provides an important reminder...more

New NC LGBT Legislation Eliminates All State Law Employment Discrimination Lawsuits

On March 23 following a one-day special session, the North Carolina General Assembly passed, and Governor McCrory signed HB 2, a bill that will have widespread effects on legal protections for employees in North Carolina. The...more

California Ruling On Website Accessibility Under The ADA May Lead To More Litigation

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans...more

What Does North Carolina's New Public Facilities Law Mean for Employers?

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more

North Carolina General Assembly Does More Than Just Invalidate Charlotte’s LGBT Ordinance

On Wednesday night, March 23, 2016, the North Carolina General Assembly passed House Bill (HB) 2, which was then signed by Governor Pat McCrory. While HB 2 was prompted by the desire to overturn Charlotte’s recently enacted...more

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