Title II

News & Analysis as of

D.C. Circuit Upholds FCC's Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC’s or Commission’s) 2015 Open Internet Order (2015 Open Internet Order), which classified broadband...more

Legal Update: School Website Accessibility and Digital Communications Requirements

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

A Close to Open Internet Challenges?

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Divided D.C. Circuit Panel Upholds FCC Net Neutrality Rules

On June 14, 2016, the D.C. Circuit upheld the FCC’s 2015 order adopting its Open Internet rules against a wide range of legal challenges. (Our advisory describing the FCC’s rules can be found here.) In a detailed and lengthy...more

A Big Win for Internet Consumers

On June 14, 2016 the United States Court of Appeals for the District of Columbia Circuit issued its ruling in United States Telecom Association, et al v. Federal Communications Commission and United States of America. The...more

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

How Accessible is Your Website? OCR Prioritizing Equal Access for Educational Institutions’ Websites and Web-Based Applications

There is immense value in maintaining a website for your educational agency. Indeed, websites and web-based applications are intended to provide efficient and accessible information to the public, who rely on the information...more

EEOC Unveils Final Rules for Employer Wellness Programs

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two rules specifying how employer-sponsored wellness plans can comply with the Genetic Information Nondiscrimination Act (GINA) and the Americans...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

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

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

DOJ Clicks “Refresh” on Proposed Title II Website Accessibility Regulations

DOJ’s unexpected announcement further delays the much-anticipated rules regarding accessibility of government/public (and later private) websites, but indicates an open-mindedness to consider further public comment on the...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

Web Reg “Do Over?”: DOJ Withdraws Title II Notice of Proposed Rulemaking, Issues Supplemental Advanced Notice Seeking Further...

Seyfarth Synopsis: Public entities and private businesses have been waiting for years – since 2010 – for the Department of Justice to issue regulations setting a standard for website accessibility. The DOJ has announced that...more

FCC Proposes Privacy Rules for Broadband Providers

In a recently issued Notice of Proposed Rulemaking, the FCC asked for comments on proposed rules that would apply the traditional privacy requirements of the Communications Act to providers of broadband Internet access...more

More Businesses Face Lawsuits Challenging Website Accessibility

Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed...more

The Wave of Website and Other ADA Accessibility Claims – What You Should Know

Title III of the Americans with Disabilities Act (ADA), providing for equal access for persons with disabilities in places of public accommodation, has made the country far more accessible. Yet, given its highly technical...more

Covered Broker-Dealer Provisions Under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act

On February 17, the Securities and Exchange Commission and the Federal Deposit Insurance Corporation “jointly propos[ed] a rule to implement provisions applicable to the orderly liquidation of covered brokers and dealers...more

Interest Groups Support NCAA’s Anti-Felon Policy on Appeal

Recently, three interest groups filed an amicus brief to support the National Collegiate Athletic Association’s (“NCAA”) policy that bars anyone who has been convicted of a felony from coaching in NCAA-certified high school...more

EEOC Issues Proposed Rules to Expand Wellness Program Incentives

Last week, the Equal Employment Opportunity Commission (“EEOC”) announced that it plans to amend regulations for Title II of the Genetic Information Nondiscrimination Act (“GINA”) to allow employers who offer wellness...more

EEOC Issues Proposed Rule to Amend Title II of GINA

Rule Clarifies Incentives That Can Be Provided For Health Information of a Spouse Participating In an Employer-Sponsored Wellness Program - WASHINGTON - On Friday, October 30, 2015, the U.S. Equal Employment Opportunity...more

Justice Department Sues Public School For Refusing to Manage Student’s Service Dog

The Department of Justice (DOJ) announced today that it filed a lawsuit against the Gates-Chili Central School District in New York because it refused to have its teachers help a kindergarten student with epilepsy and other...more

FCC Shows Hand on Regulation of Edge Providers

In a prior post, we commented on how the recent expansion of the FCC’s authority to regulate the privacy practices of Internet service providers (ISPs) has ignited calls for further expansion of the FCC’s authority to cover...more

Challenge to CFPB’s constitutionality reemerges

The issue of the CFPB’s constitutionality reemerged last week in court and Congress. On the judicial front, the U.S. Court of Appeals for the D.C. Circuit, in State National Bank of Big Spring, Texas, et al. v. Lew, et al.,...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

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