Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations....more
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: In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can...more
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
June 2, 2018 marked the second compliance deadline for movie theatres with auditoriums showing digital movies to comply with the ADA Title III Movie Captioning and Audio Description Rule....more
Seyfarth Synopsis: On June 6, 2018, Peter. B. Robb, General Counsel for the National Labor Relations Board (“Board”), provided employers with the first substantive guidance regarding workplace policies since the Board’s...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: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more
Seyfarth Synopsis: A former employee’s social media activities were not “solicitations” that breached his employment non-solicitation agreement where no suggestion to join the former employee was apparent from the activity....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: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility....more
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
Seyfarth Synopsis: SEC announced they are proposing a new rule to elicit more information about the diversity of corporate board members, maintaining that the amount of minority directors at the largest public companies has...more
7/7/2016
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
GAO ,
Glass Ceiling ,
Mary Jo White ,
Popular ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
Seyfarth Synopsis: New EEOC study calls for employers to “reboot” workplace harassment prevention efforts, outlines statistics, risks and administrative recommendations.
On June 20, 2016, two Commissioners of the U.S....more
Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible...more
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
Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly...more
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
Would your company’s employee handbook pass a National Labor Relations Board (NLRB) social media review and investigation?
The U.S. Chamber of Commerce highlighted some troubling notions in a report issued last week:...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
The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, and abusive...more
7/10/2015
/ Abusive Acts ,
Appeals ,
Bad Faith ,
Corporate Counsel ,
Damages ,
Department of Labor (DOL) ,
Destruction of Evidence ,
Government Investigations ,
Harassment ,
Independent Contractors ,
Interviews ,
Legal Ethics ,
Misclassification ,
Remedies ,
Wage and Hour ,
Young Lawyers