News & Analysis as of

Reasonable Accommodation Public Accommodation

Maynard Nexsen

ADA Compliance in Real Estate

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Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment...more

Mandelbaum Barrett PC

Strategic ADA Compliance: Safeguarding Your Business Against Litigation

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Impact of the ADA on Business and Society - The Americans with Disabilities Act (ADA) has greatly expanded opportunities for disabled individuals, demanding significant adjustments from businesses to accommodate both physical...more

Parker Poe Adams & Bernstein LLP

Can Miniature Horses Be in the Workplace?

Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more

Parker Poe Adams & Bernstein LLP

Ah-Choo! Co-Workers' Allergic Reaction to Service Dog in Workplace Impacts Accommodation Claim

We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

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On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

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Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Miller Nash LLP

What Colleges and Universities Need to Know about Service Animals, Emotional Support Animals, and Assistance Animals

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This is the second blog post in our new series on Assistance Animals, Service Animals, and Emotional Support Animals. See the first post here. Stay tuned in the coming weeks for blog posts addressing unique questions and...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

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In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Arnall Golden Gregory LLP

Venue Operators, Plaintiffs’ Attorneys Have Their Sights on Your Sites

It is not hard to see the impact the Americans with Disabilities Act (“ADA”) has on the layout of American sports and entertainment venues. Wide ramps, dedicated seating areas, and special elevators have all become...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Clark Hill PLC

California Court of Appeal Holds That Solely Online Retailers Without a Physical Location Are Not Liable for Inaccessible Websites...

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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

Akerman LLP - HR Defense

Service and Support Animals: What Businesses Can and Cannot Do

We have all seen it. The unruly lap dog brought into a restaurant, yipping away, or the big dog running through a store dragging along its owner who, of course, claims it is a “service animal,” even though it clearly is not....more

Bradley Arant Boult Cummings LLP

The ADA and Your Website A Guide to Website Accessibility Claims

Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

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QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Fisher Phillips

An Employer’s Guide to Navigating Third-Party Vaccine Mandates on Visitors, Vendors, and More

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As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as...more

McAfee & Taft

Biden Administration releases guidance classifying ‘long COVID’ as a potential disability

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On July 26, 2021, the Biden Administration announced that “long COVID” – a condition in which some people continue to experience COVID symptoms long after the acute phase of infection –could be considered a disability under...more

Epstein Becker & Green

#WorkforceWednesday: CDC Guidance for the Fully Vaccinated, NY HERO Act, ABC Test, and FAAAA Preemption - Employment Law This...

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Welcome to #WorkforceWednesday. This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations. Employers Navigate New CDC...more

Pillsbury Winthrop Shaw Pittman LLP

Legal and Practical Considerations for COVID-19 Vaccine Mandates in the Workplace

For employers, encouraging but not mandating employee COVID-19 vaccination avoids legal risks. Organizations seeking to require vaccination of visitors need to consider public accommodation accessibility requirements. ...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

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 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

McAfee & Taft

Pandemic-fueled increase in online activity likely to give rise to website accessibility lawsuits

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With the COVID-19 outbreak forcing most people to either shelter in place or severely limit their outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the...more

Fisher Phillips

Businesses That Mandate Masks For Employees And Customers Need To Consider ADA Issues

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As more businesses begin to reopen, businesses face many difficult questions about requiring employees and customers to wear protective face coverings? However, businesses should not forget that, despite the onset of COVID-19...more

Cozen O'Connor

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations

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The U.S. Department of Transportation (DOT) has proposed significant changes to its disability regulations relating to the transportation of service animals by air. DOT’s current regulations require that airlines allow...more

Littler

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

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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

FordHarrison

Generalizations, Speculation and Stereotypes About Disabled Individuals Do Not Justify Refusal to Accommodate Use of Service...

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On August 30, 2019, the U.S. Court of Appeals for the Third Circuit, covering New Jersey, Pennsylvania, Delaware, and the U.S. Virgin Islands, issued a precedential opinion in an important case interpreting the Americans With...more

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