Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more
Seyfarth Synopsis: The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. ...more
5/27/2020
/ Americans with Disabilities Act (ADA) ,
Boilerplate Language ,
Disability Discrimination ,
Hospitality Industry ,
Hotels ,
Public Accommodation ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more
12/10/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Customer-Loyalty Programs ,
Disability Discrimination ,
Illusory Contracts ,
Motion to Dismiss ,
Point of Sale Terminals ,
Terms and Conditions ,
Unenforceable Contract Terms
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth....more
Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more
5/3/2018
/ Americans with Disabilities Act (ADA) ,
Amicus Briefs ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
Medical Leave ,
Reasonable Accommodation
Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals.
...more
Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more
3/1/2017
/ Accessibility Rules ,
Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Exhaustion Doctrine ,
Free Appropriate Public Education (FAPE) ,
Fry v Napoleon Community Schools ,
IDEA ,
Public Schools ,
SCOTUS ,
Section 504 ,
Service Animals ,
Special Education ,
Students ,
Title II
Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more
2/28/2017
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability ,
Disability Discrimination ,
Exhaustion Doctrine ,
Free Appropriate Public Education (FAPE) ,
Fry v Napoleon Community Schools ,
IDEA ,
Public Schools ,
Rehabilitation Act ,
SCOTUS ,
Section 504 ,
Service Animals ,
Students ,
Title II
Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant.
A federal district court judge in Pennsylvania court recently held...more
Signed into law today, 25 years ago, on July 26, 1990, the Americans with Disabilities Act is the most comprehensive civil rights law designed to prohibit discrimination against people with disabilities....more
We recently came across a news story that inspired us to draft this post: A Wisconsin woman and a kangaroo enter a restaurant. (If that isn’t a great joke intro, we don’t know what is.) Another customer calls the police to...more