News & Analysis as of

Title III Reasonable Accommodation Disability Discrimination

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

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

Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue is Still Alive

On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...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

Bricker Graydon LLP

Hospital COVID-19 visitor restrictions must still comply with the ADA

Bricker Graydon LLP on

In the midst of the holiday season, COVID-19 cases and hospitalizations across the country continue to rise rapidly. Although protecting the public from COVID-19 is paramount, policies that restrict visitor access in...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

Goulston & Storrs PC on

 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

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

FordHarrison

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

FordHarrison on

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

Verrill

Is Your Website Accessible to Disabled Online Job Seeker?

Verrill on

On March 22, 2019, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Greenberg Glusker LLP

ADA Compliance Now Applies to Websites and Apps

Greenberg Glusker LLP on

Companies in all areas of work with websites or mobile applications should take note that the Ninth Circuit Court of Appeals recently ruled in Robles v. Domino’s Pizza that the Americans with Disabilities Act (“ADA”) is...more

Seyfarth Shaw LLP

Number Of ADA Title III Lawsuits Filed in 2018 Tops 10,000

Seyfarth Shaw LLP on

The number of ADA Title III lawsuits filed in federal court in 2018 hit a record high of 10,163 – up 34% from 2017 when the number was a mere 7,663. ...more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

FordHarrison

Public Accommodation of Service Animals and Emotional Support Animals

FordHarrison on

Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses that are open to the public – like shopping malls, restaurants, movie...more

Seyfarth Shaw LLP

New York Passes Law Against Service Animal Fraud, Joining Other States

Seyfarth Shaw LLP on

Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals. ...more

Pierce Atwood LLP

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

Pierce Atwood LLP on

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

Littler

Dear Littler: How Do You Address Employee Service Animal Accommodation Requests Under the ADA?

Littler on

Dear Littler: I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Littler

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

Shutts & Bowen LLP

Property Owners Gaining New Tools To Fight ADA Lawsuits

Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Polsinelli

ADA Compliance: Landlords, You're On the Hook

Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Seyfarth Shaw LLP

Is a Kangaroo a Service Animal? It Depends on Where you Are and What the Animal Does

Seyfarth Shaw LLP on

We recently came across a news story that inspired us to draft this post: A Wisconsin woman and a kangaroo enter a restaurant. (If that isn’t a great joke intro, we don’t know what is.) Another customer calls the police to...more

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