A recent case from the U.S. District Court for the Middle District of Florida illustrates how businesses should handle scenarios where service animals present health risks to others with severe allergies....more
4/4/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Employment Litigation ,
Health Care Providers ,
Healthcare Facilities ,
Physicians ,
Public Health ,
Reasonable Accommodation ,
Service Animals ,
Statutory Violations
The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission will reduce the burden on businesses to...more
3/25/2025
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Deregulation ,
Disability Discrimination ,
Executive Orders ,
New Guidance ,
Public Access Laws ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024....more
The DOJ’s new step-by-step guidance for state and local governments on how to comply with new regulations that mandate accessible web content is also useful for public accommodations looking to make their websites and mobile...more
2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025....more
1/13/2025
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Enforcement Actions ,
Public Accommodation ,
Regulatory Requirements ,
Risk Management ,
Title III ,
Website Accessibility
Seyfarth synopsis: Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024....more
Seyfarth Synopsis: The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions....more
4/10/2024
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Final Rules ,
Mobile Apps ,
State and Local Government ,
Title II ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more
12/13/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
New Regulations ,
Regulatory Standards ,
State and Local Government ,
Title III ,
W3C ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more
12/5/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Medical Students ,
Patients ,
Reasonable Accommodation ,
Service Animals ,
Title II
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law....more
Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...more
6/22/2023
/ Americans with Disabilities Act (ADA) ,
California ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Disabled Persons Act ,
Mobile Apps ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
Seyfarth Synopsis: UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with...more
Seyfarth Synopsis: The U.S. Access Board published an ANPRM on September 21, 2022 requesting public comment on nine questions as it prepares draft regulations addressing the accessibility of self-service kiosks....more
Seyfarth synopsis: The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed....more
Seyfarth synopsis: The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more
Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more
Seyfarth synopsis: We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA....more
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....more
Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits. Here is our take on the types of cases public accommodations can expect to face....more
Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues....more
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more
10/14/2020
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Congress Members recently renewed their efforts to take legislative action and urge the DOJ take regulatory action regarding physical and website accessibility, respectively....more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Equal Access ,
Legislative Agendas ,
Proposed Legislation ,
Public Access Laws ,
Public Accommodation ,
Regulatory Burden ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more
Seyfarth Synopsis: DOJ’s response to members of Congress about the explosion in website accessibility lawsuits contains some helpful guidance for public accommodations fighting these claims....more
10/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites