News & Analysis as of

Americans with Disabilities Act (ADA) Class Action Disability Discrimination

Lathrop GPM

California Federal Court Dismisses ADA and California Unruh Act Claims Against Franchisor

Lathrop GPM on

A federal court in California granted Dunkin’ Donuts’ motion to dismiss claims by customers alleging that a surcharge for non-dairy substitutes in beverages discriminated against customers with lactose intolerance and milk...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - April 2025

The April Monthly Minute showers readers with some eye-opening case law updates, ranging from a $38.8M jury verdict in a 401(k) fee case, to a pair of cases involving Elevance (f/k/a Anthem) health plan coverage exclusions....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Court Rules Websites are Public Accommodations under ADA

Joining a number of courts across the country that have ruled similarly, the District Court for District of Minnesota held recently that the Americans with Disabilities Act’s (ADA) prohibition against discrimination in...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Gears Up to Resolve Circuit Split on Class Injury Requirements

On January 24, 2025, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis, No. 24-0304, which may result in the resolution of a long-standing circuit split on a dispute key to class certification. In...more

Hogan Lovells

Supreme Court to address class certification and Article III standing

Hogan Lovells on

On January 24, 2025, the U.S. Supreme Court agreed to answer a hotly contested question in class action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when...more

Katten Muchin Rosenman LLP

Websites Under Attack — Defenses to ADA Claims for Retailers and Online Businesses - The Katten Kattwalk/Kattison Avenue | Issue 4

Retailers and other businesses with an online presence continue to be targets of lawsuits filed by plaintiffs asserting claims under the Americans with Disabilities Act (ADA) and related state laws. In a nutshell, these suits...more

Robinson+Cole Class Actions Insider

Supreme Court to Decide Key Question of Whether Rule 23(b)(3) Class May Be Certified if Some Proposed Class Members Lack any...

On Friday, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Seyfarth Shaw LLP

Our 2024 ADA Title III Recap and Predictions for 2025

Seyfarth Shaw LLP on

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

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Lathrop GPM

California Federal Court Grants Franchisor’s Motion to Dismiss Non-Dairy Alternative Surcharge Class Action Suit

Lathrop GPM on

A federal court in California recently granted a franchisor’s motion to dismiss a class action suit alleging discrimination in violation of the Americans with Disabilities Act (ADA). Garland v. Dunkin’ Donuts, LLC, 2024 WL...more

Fox Rothschild LLP

EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA

Fox Rothschild LLP on

In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s...more

Seyfarth Shaw LLP

Senate Confirms New EEOC General Counsel As New Case Filings Climb

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

U.S. Equal Employment Opportunity Commission...

Houcorp, Inc. to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Fast Food Restaurant Franchise Agrees to Provide ASL Interpreters for Applicants and Employees - SEBASTIAN, Fla. – Houcorp, Inc. (Houcorp), a fast-food restaurant franchise operating seven restaurants in Indian River and...more

Fox Rothschild LLP

The EEOC’s Artificial Intelligence Guidelines and the Risk of Class Action Litigation

Fox Rothschild LLP on

On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Global Medical Response and American Medical Response for Religious and Disability Discrimination

Emergency Transport Companies Failed to Accommodate First Responders with Beards for Religious Reasons or due to Medical Conditions, Federal Agency Charges - DENVER – Emergency transport companies Global Medical Response,...more

Genova Burns LLC

You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action

Genova Burns LLC on

​​​​​​​On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more

BakerHostetler

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

BakerHostetler on

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

Proskauer - Proskauer For Good

Class Action Lawsuit Filed Against New York State for Failure to Provide Legally Required Mental Health Services to...

Proskauer, in conjunction with attorneys from Children’s Rights, Disability Rights New York, and the National Health Law Program, have filed a class action lawsuit against New York officials in response to the mental health...more

Proskauer - Proskauer For Good

Class Certification Secured for Visually Impaired Chicagoans

Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District...more

Nelson Mullins Riley & Scarborough LLP

9 Landmark Cases in U.S. History that Protected the Rights of People with Disabilities

At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more

BakerHostetler

Illinois District Court Denies Certification of ADA Claims in Airplane Mechanic Case

BakerHostetler on

It’s been awhile since we’ve addressed attempts at bringing class action disability claims (September 27, 2013 and March 6, 2014), but as we’ve noted in the past, they make poor candidates for class action treatment....more

Seyfarth Shaw LLP

Court Declines To Certify Class Of Sexually Assaulted Hospital Patients

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

Epstein Becker & Green on

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Goulston & Storrs PC

The Nightmare Before Christmas? Gift Card Litigation Arrives for the Holidays

Goulston & Storrs PC on

It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more

Littler

New Class Action Suits Claim Stores Must Supply Gifts Cards With Braille

Littler on

Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local...more

50 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide