News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Motion to Dismiss

Seyfarth Shaw LLP

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

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Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

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A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Troutman Pepper

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

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Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more

Verrill

Is Your Website Accessible to Disabled Online Job Seeker?

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On March 22, 2019, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job...more

Seyfarth Shaw LLP

Court Of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

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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

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Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal

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On October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral arguments in the Robles v. Dominos case. ...more

Seyfarth Shaw LLP

Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018

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Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. ...more

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Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

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In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

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Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

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Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

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