If you don’t already use legal translators, it’s likely in your firm’s future. Between 2021 and 2023, the slice of American residents categorized as “limited English proficient” (LEP) grew from 25.7 to 29.6 million, a growth...more
California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more
Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charges - WASHINGTON - Didlake, Inc. a government contractor that provides janitorial...more
Earlier this month, the Equal Employment Opportunity Commission announced settlement of a disability discrimination lawsuit brought by the agency against a Florida fast-food restaurant franchisee. The lawsuit alleged that the...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to...more
Question: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer: Not necessarily, but you are required to reasonably accommodate...more
The U.S. court system has long recognized the difficulty with equal access to justice when an individual with limited English proficiency appears in a U.S. court. Therefore, courts across the country now require that...more
Employment of interpreters and translators in the U.S. is projected to grow 24% from 2020 to 2030. This boom aligns with the accelerating growth of the immigrant population from across the globe; between 2015 and 2065...more
On August 19, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a lawsuit over alleged violations of Title II of the Americans with Disabilities Act (ADA) could proceed against Lee County, Texas. The plaintiff...more
Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...more
Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress...more
The need to have an interpreter often presents itself during litigation, especially when deponents or witnesses are fluent in another language. To help ensure a smooth experience for all parties, there are a variety of best...more
When you think of a legal interpreter, you probably don’t picture someone sitting on a bench in the Everglades or on a couch in a New York City high-rise apartment. You likely picture someone sitting around a conference room...more
The use of technology in international arbitration has continued to increase over the years, and in 2020 the international arbitration community used technology to help overcome various challenges to the adjudication of...more
ISBE has adopted new rules to support parent participation in IEP meetings by requiring districts to arrange for and fund “qualified interpreters” for parents whose native language is other than English. We have heard concern...more
Whether it’s an employment discrimination case or a personal injury matter, a patent dispute, or a cross-border antitrust proceeding, the probability that an attorney will encounter parties and witnesses with limited English...more
If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors. In an offbeat case, this has occurred to a company that utilized...more
Arbitral institutions have adopted new measures so that they can continue to manage arbitration proceedings during the COVID-19 pandemic. Several leading arbitral institutions have adopted electronic filings only and...more
1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more
In 2016, Proskauer, together with the Advocacy Center of Louisiana and the Washington Lawyers Committee for Civil Rights and Urban Affairs, filed a pro bono litigation in Louisiana federal court with the goal of securing...more
WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today it is launching a new service that will enable individuals who are deaf and hard of hearing whose primary language is American Sign Language...more
In the last couple of years, pursuant to the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) has prosecuted at least 12 lawsuits on behalf of deaf or hard-of-hearing employees or...more