News & Analysis as of

Split of Authority Americans with Disabilities Act (ADA)

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Dorsey & Whitney LLP

Are Employers Required to Make Commuting Accommodations under the Americans with Disabilities Act?

Dorsey & Whitney LLP on

The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

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

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

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

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

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

Divided Second Circuit Decides Long-Awaited Braille Gift Card Appeals, Affirming Dismissals Based on Standing

More than a year after oral arguments in Calcano v. Swarovski North America Ltd., No. 20-1552, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s dismissal of five nearly identical lawsuits brought by...more

Genova Burns LLC

New DOJ Guidance on ADA Web Accessibility Leaves Unanswered Questions

Genova Burns LLC on

On March 18, 2022, the Department of Justice (DOJ) published web accessibility guidance under the Americans with Disabilities Act (ADA). The ADA is a federal civil rights law that prohibits discrimination against people with...more

Eversheds Sutherland (US) LLP

Whistling a new tune: Eleventh Circuit’s Winn-Dixie decision finds websites are not places of public accommodation under ADA

In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Jersey Boys and Restroom Doors

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

BCLP

No Longer a “Whisper” – California Appellate Court Joins List of Courts to Weigh in on Website Accessibility

BCLP on

In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more

Dentons

Is Obesity an ADA-Covered Disability? Courts in Conflict

Dentons on

There is debate among employers as to whether or not being morbidly obese is considered an ADA-covered disability. Do you have to accommodate limitations that may be caused by obesity by treating it as a disability?...more

Eversheds Sutherland (US) LLP

Domino's asks Supreme Court to weigh in on website accessibility 

Domino’s Pizza has filed a petition for a writ of certiorari with the United States Supreme Court asking the Court to weigh in on whether Title III of the Americans With Disabilities Act (ADA) applies to websites. The...more

Steptoe & Johnson PLLC

Recent Supreme Court Decision Interprets ADEA to Cover State and Local Governments of Any Size

Steptoe & Johnson PLLC on

On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

McAfee & Taft

Is your company’s website compliant with the Americans with Disabilities Act?

McAfee & Taft on

A recent wave of lawsuits and demand letters alleging violations of the Americans with Disability Act has begun hitting businesses across the United States. Their new target: company websites. Last year, plaintiffs filed over...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

BCLP

Online Retailers Beware: Court Holds Website Violates ADA Despite Lack of Physical Store

BCLP on

Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

Brownstein Hyatt Farber Schreck

Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ...

What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have...more

Fisher Phillips

Federal Court Decision Approves New Class Of “Surf-By” Lawsuits - Is Your Website Susceptible To ADA Title III Challenges?

Fisher Phillips on

A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act...more

Ruder Ware

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About...

Ruder Ware on

Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the...more

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