(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
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Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
Employment Law Now VI-119 - What Did You Miss This Summer?
Recent Developments in ADA Website Accessibility Compliance - The Consumer Finance Podcast
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DOJ’s Recent Guidance on Website Accessibility and the ADA — What Does It Tell Us? - The Consumer Finance Podcast
#WorkforceWednesday: Mental Health Accommodations and Parity, Board Diversification Law Struck Down, Ban-the-Box Update - Employment Law This Week®
DE Under 3: Vaccine Mandate Updates, Contractor Unique Entity Identifiers, EEOC Nominations & A Reduced VEVRAA Hiring Benchmark
The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more
Seyfarth Synopsis: Federal court in New York reaffirms that reading information aloud to customers who are blind or low vision is still an acceptable auxiliary aid or service and retailers do not have to offer accessible...more
For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court...more
Retailers continue to be targeted by website accessibility lawsuits. Unfortunately, the legal landscape remains unpredictable and it varies greatly based on what jurisdiction a retailer is sued in. There remains no easy fix...more
On January 23, 2023, a Ninth Circuit panel issued a 2-1 decision (link to https://cdn.ca9.uscourts.gov/datastore/opinions/2023/01/23/21-55183.pdf) reversing a lower court’s dismissal of a serial ADA litigant’s complaint...more
California retail businesses must prepare to open employee-only restrooms to members of the public to accommodate medical conditions including Crohn’s disease, ulcerative colitis, other inflammatory bowel disease, and...more
On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website...more
In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more
On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more
California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the...more
The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more
Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more
Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more
For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more
Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more
Waves of recent Americans with Disabilities Act litigation have shone the spotlight on the accessibility of everything from websites to gift cards. This has led some businesses to think more creatively about how they can both...more
Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more
On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more
Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more
The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more
Lawsuits from the deaf and hard-of-hearing community may require companies to consider new reasonable accommodations during the COVID-19 pandemic, such as transparent face masks for employees and clean writing tools for...more
Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more
Face covering and mask policies have caused unrest and inconvenience for many in-person shoppers since the beginning of the COVID-19 pandemic, and continue to provoke controversy. Some individuals believe that these policies...more
A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more
Retail businesses instituting face mask policies need to understand the Americans with Disability Act’s prohibitions and requirements to help avoid potential litigation, RumbergerKirk attorneys say. In cities and states that...more