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United States: ADA Defense Lawyer: ADA Website Litigation Update — Serial Plaintiff Rebuffed - Jeffer Mangels Butler & Mitchell LLP

ADA website cases continue to be filed against hotels nationwide, but some courts are pushing back against serial plaintiffs.
Tags: News, United States, Ada, Mitchell LLP, Jeffer Mangels Butler


United States: ADA Defense Lawyer: ADA Requires Hotels To Describe Accessibility On Website - Jeffer Mangels Butler & Mitchell LLP

As ADA lawsuits continue target hotels, it is critical that hotel owners understand what the ADA requires during the online reservations process.
Tags: News, United States, Ada, Mitchell LLP, Jeffer Mangels Butler


Coronavirus Update 6–30–2020: CDC now recommends that people wear cloth face coverings in public

Your cloth face covering may protect them. Their cloth face covering may protect you. As COVID-19 cases spike nationwide, and the CDC warns that we have "way too much virus" to control the pandemic, that same agency just released new guidance recommending that people wear cloth face coverings when in public.  The highlights:CDC recommends that people wear cloth face coverings in public settings when around people outside of their household, especially when other social dista...
Tags: Law, Cdc, Ada, Jon Hyman


Your 'Medical Mask Exemption Card' Is a Lie

Masks can be uncomfortable to wear, it’s true. And as most of us in the U.S. are not used to wearing them, so they’re also an uncomfortable reminder of how the pandemic has changed our lives. But if you’re looking for an excuse not to wear one, please leave the ADA and your fake medical condition out of this.…Read more...
Tags: Masks, Bullshit, Lifehacks, Ada, Disabilities


A Review of the “Final” CCPA Regulations from the CA Attorney General

On June 2, the California Attorney General’s office (the DOJ) released hundreds of pages of new material about its CCPA regulations, including 11,000+ words of its “final” regulations and a 59 page “final statement of reasons” purportedly explaining the DOJ’s thinking. This blog post recaps the regulations. Timeline for Development of the CCPA Regulations June 28, 2018: California enacted the CCPA. The law was initially scheduled to take effect January 1, 2020. January to March 2019: the DOJ he...
Tags: Law, Congress, California, Ada, Doj, Usc, Privacy/security, Eric Goldman, Newsom, CCPA, OAL, Office of Administrative Law OAL, Senate Judiciary Committee Hearing, California Assembly Hearing


United States: Seyfarth's ADA Statistics Were Referenced In The San Diego Credit Union Times - Seyfarth Shaw LLP

Seyfarth's ADA statistics were referenced in a June 22 story from the San Diego Credit Union Times, "San Diego County CU Must Face Claim Over Website Accessibility, Court Rules."
Tags: News, United States, Ada, San Diego County, Seyfarth, San Diego Credit Union Times Seyfarth Shaw LLP, San Diego Credit Union Times


United States: The Impact Of Business Closures On Disability Lawsuits Under The ADA - Wilson Elser Moskowitz Edelman & Dicker LLP

John Kelly (Partner-New York) authored "The Impact of Business Closures on Disability Lawsuits Under the ADA," an article that appeared in the June ...
Tags: New York, News, United States, Ada, Dicker LLP, ADA Wilson Elser Moskowitz Edelman, John Kelly Partner


United States: Ninth Circuit Rejects Plaintiffs' Claims In Trio Of ADA Disability Access Cases - Ogletree, Deakins, Nash, Smoak & Stewart

In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases...
Tags: News, United States, Starbucks, Ada, Stewart, U S Court of Appeals, Ninth Circuit, Ogletree Deakins Nash Smoak, Ninth Circuit Rejects Plaintiffs


Coronavirus Update 6–23–2020: Must you accommodate an employee with a high-risk family member?

A bit of personal news: I have requested the opportunity to work from home for the fall semester because of my daughter’s heart condition. I found out this afternoon that it was rejected because it is my child’s condition and not mine.— Jason Helms (@helmstreet) June 17, 2020 One of the questions I have received most from clients during this pandemic comes in some variation of the following: "An employee [does not want to come into work / wants to work from home / wants a leave of absence] bec...
Tags: Law, Ada, EEOC, DOL, Jon Hyman, Jason Helms


Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s website that allegedly doesn’t work with screen readers used by blind customers, helpfully summarizes where we are at. The court’s bottom line: Although the courts have not yet articulated a single clear standard on this ...
Tags: Law, Congress, E-commerce, Noah, Netflix, Harvard, Missouri, Aol, Credit Union, Ada, Doj, Young, Domino, Martinez, Robles, California Court of Appeal


United States: COVID Quarantine + Surge In ECommerce = … ADA Discrimination Claims?! - Ward and Smith, P.A.

While much about COVID-19 and its long-term impact on businesses and the economy is unknown, its effect of a worldwide increase in a reliance on digital means to engage in business...
Tags: News, United States, Smith, Ada, Ward


Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act

Lyft has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people — specifically those who use foldable wheelchairs or walkers. One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury. Lyft is also now requ...
Tags: TC, Lyft, New York, Abc, California, Tech, Diversity, Wheelchair, Ada, Doj, U S Department of Justice, AB, Dynamex, Superior Court of Los, Dynamex Operations West Inc, DoorDash Uber Lyft


The Predictable Unpredictability of COVID-19 Antibody Testing

Can I test my employees for COVID-19? Over the course of the last few months, it feels like the answer to that question has been Yes, No, and It Depends. And maybe all three at the same time. In fact, if you look at my post from April 2020, you’ll see the differences in the guidance between then and, as I’ll explain below, now. Quite simple, with more science, we’re starting to get greater clarity on what testing is permissible for employees. For antibody testing, the CDC recently updated its in...
Tags: Law, Cdc, Ada, EEOC


United States: Ninth Circuit Rejects Serial Plaintiffs' Lawsuits About The ADA's Accessible Sales Counter Requirements - Seyfarth Shaw LLP

Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height.
Tags: News, United States, Ada, Ninth Circuit, Seyfarth, Seyfarth Shaw LLP


Coronavirus Update 6–19–2020: How to communicate when an employee tests positive

Positive COVID-19 tests are sadly the reality of 2020, and likely at least part of 2021. Nationally, 2.23 million of us have tested positive for coronavirus. If your employees have been fortunate enough so far to avoid the virus, the odds are good that before this pandemic is over one or more of your employees will test positive. Before we discuss the right way to communicate a potential workplace exposure to your employees, let's explore the wrong way, via one of my favorite punching bags, t...
Tags: Facebook, Law, Ada, Jon Hyman, COVID


Friday round-up

Yesterday the Supreme Court decided another of the term’s most closely watched cases, Department of Homeland Security v. Regents of the University of California, ruling that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies. Amy Howe analyzes the opinion for this blog, in a post that was first publ...
Tags: Usa, Texas, Supreme Court, Law, Congress, Court, US, Bloomberg, Joe Biden, Cnn, Atlantic, New York Times, Fox News, Npr, Donald Trump, Ada


Coronavirus Update 6–18–2020: Errata—employers cannot require antibody tests of employees, says EEOC

Two months ago I suggested that the EEOC would conclude that employers could require COVID-19 antibody tests as a condition of employment. Yesterday, based on updated guidance from the CDC, the EEOC said the exact opposite. Given the inherent unreliability of COVID-19 antibody tests, I'm happy to have been wrong. According to interim guidance the CDC recently published, COVID-19 antibody test results "should not be used to make decisions about returning persons to the workplace."  Bas...
Tags: Law, Cdc, Ada, EEOC, Jon Hyman, Vincent Ghilione


How to Create a Hiring Process that Works

Hiring, with its many rules and regulations, is a complex process to manage. If you’re planning to grow your small business team, you need a clear set of steps and tools to help you find the right candidates for the next job offer. A solid and consistent process can also help you remain legally compliant. That’s why outlining a hiring process before getting started is so important. For those who are thinking about hiring their first new employee or businesses that simply want to improve their r...
Tags: Post, Employment, Sales, Ada, EEOC, Equal Employment Opportunity Commission EEOC, DepositPhotos, Zoho People Zoho, ADA Guidelines, Hiring Team


Coronavirus Update 6–15–2020: COVID-19 is not an excuse for age discrimination

Consider these headlines: Older Workers Grapple With Risk of Getting Covid-19 on the JobOlder Workers Returning to Office Fear Both Virus and Job LossAge, Pregnancy Discrimination Concerns Raised Ahead of Returns to Worksites While there's still a lot we don't know about COVID-19, one of the things we do know for sure is that is much more greatly impacts people age 65 and above.  Indeed, according to the CDC, 80.6 percent of all coronavirus deaths are in that age bracket. These fatality...
Tags: Law, Cdc, Ada, Don, EEOC, ADEA, Jon Hyman, Museums Victoria, Coronavirus, COVID


United States: ADA Website Litigation Update — Serial Plaintiff Gets No "Lucky Charm" From New York Federal Judge - Jeffer Mangels Butler & Mitchell LLP

In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York...
Tags: New York, News, United States, Ada, Mitchell LLP, Jeffer Mangels Butler


Opinion: The wall around our City Hall is a symbol of weak leadership

Not accessible — and a big middle-finger to all Portlanders.(Photo: Jonathan Maus/BikePortland) What is wrong with Portland’s current leaders? Yesterday someone at the City of Portland decided to erect a massive plywood wall around City Hall. According to KATU it was installed to prevent people from spray painting the cherished limestone walls and, “to help preserve city resources, as a team has had to clean the buildings each day.” With our city in mass upheaval over the killing of George...
Tags: Sport, Front Page, Cycling, Portland, Ada, Editorial, City Hall, Walling, KATU, Jonathan Maus, City Hall According, George Floyd


United States: What To Do If You've Been Sued Under The ADA (Title III) - Jeffer Mangels Butler & Mitchell LLP

Title III of the ADA allows customers and visitors to sue businesses and landlords for disability discrimination in court.
Tags: News, United States, Ada, Mitchell LLP, Jeffer Mangels Butler amp


How Free Accessibility Plugins Create Fresh Problems for Small Business

As inclusivity becomes a more important topic in the public eye, web accessibility has become a serious issue for small and medium businesses. Successive court rulings have underlined that web accessibility is no longer optional for businesses of every size. Problems with Free Accessibility Plugins A 2018 statement by the Department of Justice confirmed that ADA requirements to make your business accessible to customers with disabilities applies to your internet presence as well as your physi...
Tags: Supreme Court, Sales, Department Of Justice, Ada, ARIA, WCAG, Domino s Pizza, Technology Trends, DepositPhotos


Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google

Lewis ran a YouTube channel called “Misandry Today.” Misandry is hatred of men, like misogyny but with reversed genders. I didn’t look at Lewis’ content but I worry that its examples of alleged misandry actually might be presented to advance a misogynistic narrative. Whatever the case, YouTube demonetized, restricted, or removed some of his videos. He sued YouTube for: violating the First Amendment national origin discrimination (allegedly, YouTube acted because he “is a patriotic American citi...
Tags: Google, Facebook, Twitter, Yahoo, Law, Colorado, Youtube, Marketing, Icann, Green, Noah, United States, Aol, Johnson, Ada, Richard


National survey gives insight into college-to-work experiences of recent college graduates

Recent college graduates with disabilities were as likely to be employed as their peers without disabilities with 90 percent of each group holding jobs after college. These findings reflect the pathways that have opened for people with disabilities since the ADA,. The Survey can also guide decision making made more complicated by the COVID economy; for example, encouraging transition-age students with disabilities to pursue higher education is solid advice.
Tags: Science, Ada


United States: Northern District Of New York Orders Serial Plaintiff To Justify Standing In Over 27 Separate Hotel Reservations Website Lawsuits - Seyfarth Shaw LLP

Seyfarth Synopsis:The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs ...
Tags: News, United States, Ada, Seyfarth Shaw, Northern District of New York, Seyfarth Synopsis


United States: Has California Opened The Door To Bring Suit Against "Shill" Plaintiffs In Prop 65, ADA And Other Repeat-Plaintiff Litigation? - Foley & Lardner

The California Court of Appeal recently ruled that a firm used a "shill plaintiff" in a failed suit over a "Made in the USA" label, potentially opening the door for suit against similar repeat plaintiffs...
Tags: Usa, News, United States, Ada, Foley, California Court of Appeal, Lardner


United States: Reopening Businesses Face Customer Pushback On Mask Requirements Under ADA - Seyfarth Shaw LLP

Seyfarth Synopsis: Reopening businesses must quickly prepare for customers claiming the ADA exempts them from face mask requirements.
Tags: News, United States, Ada, ADA Seyfarth Shaw LLP


EEOC Issues, Retracts, Then Re-Issues Guidance about “Direct Threat” and COVID-19

Anyone trying to keep up with the onslaught of COVID-19 workplace legal developments understands that solid conclusions tend to be the exception, and the targets are constantly moving. Is there something special about the coronavirus world that warrants a new approach to the law, or must we apply traditional employment law principles even in these extraordinary circumstances? This challenge can flummox even the Equal Employment Opportunity Commission (“EEOC”), the federal enforcement agency resp...
Tags: Business, Management, Ada, Right Now, EEOC, Equal Employment Opportunity Commission, Keith H McCown, Morgan Brown Joy LLP


New Shops From Facebook and Amazon, Will We Go From Bad to Worse? Coronavirus Update

Coronavirus Business Update   Programs Virtual Mentorship The Qurate Retail Group, (owner of QVC and HSN) in partnership with the NRF Foundation, has introduced the Small Business Spotlight program to help out 20 selected small business across the country, in the face of the COVID-19 pandemic. These businesses will get increased visibility and other support, using their broadcast and online resources. From May 11 through June 6, QVC and HSN will share the stories behind these businesses o...
Tags: Google, Amazon, Verizon, Facebook, Business, Florida, Instagram, Fcc, Congress, US, America, Canada, United States, United Kingdom, Zenefits, Treasury