Title III Americans with Disabilities Act

News & Analysis as of

ADA Litigation Over Website Accessibility Is Exploding

Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

ADA Claims Reach Into Cyberspace

Most companies with brick-and-mortar locations are familiar with their obligations under Title III of the Americans with Disabilities Act (ADA), which forbids “places of public accommodation” from discriminating against those...more

ADA Title III Lawsuits Continue to Rise: 8% Increase in 2015

Our research department has crunched the numbers from the federal court docket and the verdict is that the ADA Title III plaintiff’s bar and their clients are still busy filing lawsuits. Here are the findings...more

Employment Law Update: Is My Company's Website Accessible?

Many of your clients or customers would answer, “Of course. I open Chrome or Internet Explorer, type in the address, and there I am, ready to log-in and shop, pay my bill, or schedule an appointment.” For many others,...more

Is Your Website Subject to the ADA?

Client Alert: Demand Letters for "Lack of Compliance" - Businesses that use websites (virtually everyone) are now receiving, with increasing frequency, demands related to compliance with the Americans with Disabilities...more

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

Website and Mobile App Accessibility: The DOJ Kicks the Can

As experienced retail attorneys, we bring decades of first-hand knowledge dealing with the business and legal issues facing retailers, e-tailers, landlords, owners, developers and prospective purchasers, restaurateurs, and...more

Can Your Company's Website Lead To A Lawsuit?

If your business is a place of public accommodation, you are probably already familiar with the rules from Title III of the Americans with Disabilities Act (ADA) that require you to make services and physical locations...more

Five Things Any Business Should Know About Web Accessibility

Soon businesses with an online presence will be required to make their websites accessible to persons with disabilities or face litigation in state and federal court. The Americans with Disabilities Act (ADA) already requires...more

Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible. This controversy raises an...more

DOJ Proceeding Delay Sets Stage for More Litigation on Website Accessibility

The Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other public-facing businesses...more

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

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

Exploding Consumer Web Accessibility Litigation: Remember, Employees Use The Web Too

Seyfarth’s ADA Title III Specialty Team has reported extensively on the legal uncertainty surrounding the accessibility of businesses’ websites to individuals with disabilities. Today it reports that businesses’ long wait...more

ADA Title III Lawsuit Numbers Hold Steady for First Half of 2015

We’ve done the review and crunched the numbers: It appears that the surge of ADA Title III lawsuits we saw from 2013 to 2014 is holding strong, though possibly leveling off. You may recall that there was a 60% increase...more

Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Three Quick Strategic Responses to Title III ADA Class Action Claims

Our firm is handling a growing tide of Title III of the Americans with Disabilities Act (ADA) claims. Public accommodations — which include retailers, mall owners and restaurants, are prohibited from discriminating against...more

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...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

Five Evolving Issues Confronting Employers in the Hospitality Industry

As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Justice Department Applies ADA Title III To Carnival’s Cruise Ships, Website, and Mobile App in a Landmark Settlement

In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Can that Doggie in the Window … Enter my Store?

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

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