News & Analysis as of

Americans with Disabilities Act (ADA) Risk Management Disability Discrimination

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

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Rumberger | Kirk

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

Rumberger | Kirk on

As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more

Troutman Pepper Locke

Recent Developments in ADA Website Accessibility Compliance - The Consumer Finance Podcast

Troutman Pepper Locke on

Please join Consumer Financial Services Partner Chris Willis and fellow Partners Lori Sommerfield and Kim Phan, along with special guest Matt Ater from Vispero, as they discuss recent developments in website accessibility...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Rumberger | Kirk

INSIGHT: Can Retailers Refuse to Serve Maskless Customers? Check ADA Rules

Rumberger | Kirk on

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

Seyfarth Shaw LLP

Mask Policies Put Businesses Between A Rock And A Hard Place

Seyfarth Shaw LLP on

Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability. ...more

Carlton Fields

Practical Answers to Real-World COVID-19 Workplace Questions (Part One)

Carlton Fields on

Workplace issues stemming from the novel coronavirus and COVID-19 abound, and many of our clients continue to seek practical and timely answers and solutions. To help them navigate the practical and workplace...more

Pullman & Comley - Labor, Employment and...

Coronavirus and the Workplace: Employers Considering Taking Employees’ Temperatures at Work Should Proceed with Caution

Most employers are making efforts to ensure that sick employees do not come to work.  Because a fever may be a symptom of infection with the Coronavirus (“COVID-19”), some employers are considering taking their employees’...more

Downs Rachlin Martin PLLC

Coronavirus Update: What Should Employers Do?

With confirmed cases in New Hampshire, Massachusetts, and Rhode Island, it appears the 2019 Novel Coronavirus (“COVID-19”), often referred to as the “Coronavirus,” may present significant issues for employers throughout New...more

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Burr & Forman

Employer Preparation for Coronavirus (COVID-19)

Burr & Forman on

As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more

Franczek P.C.

CDC, OSHA Issue Guidance on Dealing with Coronavirus in the Workplace

Franczek P.C. on

Both the Center for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) have published interim guidance for employers on planning for and protecting their workplaces from exposure...more

Carlton Fields

New Wave of Deaf and Blind Californians Suing Websites

Carlton Fields on

Is your website suitable for the blind or deaf? If not, you may well be sued in California even though your business is elsewhere....more

Rumberger | Kirk

How Businesses Can Defeat Website Accessibility Lawsuits

Rumberger | Kirk on

Most large and midsize companies have faced a new reality in recent years—make their websites accessible to people with disabilities, or face exposure to lawsuits claiming that the sites violate the Americans with...more

Akerman LLP - HR Defense

The Human Touch of Web Accessibility

Automation is the way of the future . . . or so we thought. Make no mistake, the technology at our fingertips is powerful. As we increasingly rely on it, we lose human interaction and that presents its own risks. Even in the...more

Hudson Cook, LLP

Is Your Website ADA Accessible?

Hudson Cook, LLP on

Last fall, Microsoft released its Xbox Adaptive Controller, which is made for those with limited mobility. As Microsoft artfully put it in a television commercial advertising the new product, "When everyone plays, we all...more

Arnall Golden Gregory LLP

[Webinar] Are You Prepared? Digital Accessibility in the Healthcare Industry - July 16th, 2:00pm ET

The last several years have seen a dramatic increase in legal activity related to website and mobile application digital accessibility claims under the Americans with Disabilities Act and Section 1557 of the Affordable Care...more

Weintraub Tobin

Best Practices To Ensure Compliance with Website Accessibility Guidelines: Is Your Company Protected?

Weintraub Tobin on

Although private actions against companies for the failure to ensure access to their websites for individuals with disabilities have increased significantly in recent years, both Congress and the Department of Justice (DOJ)...more

Best Best & Krieger LLP

Your Special District Must Have a Website — and it Should be ADA Compliant - California’s SB 929 Imposes New Requirements

Special District Website Requirements - Every California independent special district is required to maintain a website by Jan. 1, 2020. Senate Bill 929 added Government Code sections 6270.6 and 53087.8 to provide the...more

Franczek P.C.

Web Accessibility: OCR is Back, Is Your Website Ready?

Franczek P.C. on

As we mentioned in our article last month, the November 2018 version of the U.S. Department of Education Office for Civil Rights (OCR) Case Processing Manual (CPM), deleted a section that was added in March 2018 that allowed...more

FordHarrison

"Drive-by" Lawsuits under the Americans with Disabilities Act Continue to Rise

FordHarrison on

“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Lowndes

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

Lowndes on

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

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