News & Analysis as of

Americans with Disabilities Act (ADA)

Fox Rothschild LLP

NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

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The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more

Saul Ewing LLP

A Rise in ADA Website Accessibility Lawsuits May Leave You Asking: Is My Website a Risk?

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Introduction - In 2024, over 4,000 lawsuits were filed in federal and state courts by individuals with visual, hearing, or other disabilities, alleging that companies’ websites and mobile applications failed to comply with...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Seyfarth Shaw LLP

Facilities Accessibility Standards on the Chopping Block at the Department of Energy

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The Department of Energy recently issued a fast-track proposed rule that would eliminate accessibility standards for facilities of recipients of federal funding under Section 504 of the Rehabilitation Act.  Is ADA Title III...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

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In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

When a disabled employee requests an accommodation under the Americans with Disabilities Act, this triggers an interactive process whereby both parties share information and work to determine if a reasonable and effective...more

Herbert Smith Freehills Kramer

The Supreme Court rules that individuals who no longer hold or seek to hold a job do not have standing to sue under the ADA for...

On June 20, 2025, the U.S. Supreme Court (SCOTUS) held in Stanley v. City of Sanford, Florida that a retired employee who could no longer hold or seek to hold her job could not sue under the Americans with Disabilities Act...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Sweeping Overhaul of Federal Contractor Compliance Rules

On July 1, 2025, the Office of Federal Contract Compliance Programs (“OFCCP”) released three notices of proposed rulemaking that, if adopted, will change federal contractors’ affirmative action obligations....more

Littler

OFCCP Proposes New Rules to Clarify Federal Contactor Obligations Following the Revocation of EO 11246

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President Trump’s revocation of Executive Order 11246 on January 21, 2025, left federal contractors and subcontractors wondering what would be required going forward. On July 1, OFCCP published three Notices of Proposed...more

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

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more

Kohrman Jackson & Krantz LLP

Supreme Court finds Retiree Not Considered “Qualified Individuals” Under the ADA – But Pleading Can Make the Difference

The U.S. Supreme Court recently clarified in Stanley v. City of Sanford, No. 23-997, that individuals who have already retired are generally not considered “qualified individuals” eligible to assert claims under the Americans...more

Schwabe, Williamson & Wyatt PC

DOL Issues Proposed Rule Revising Regulations Governing Federal Contractor Affirmative Action Plans

On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

DCI Consulting

OFCCP Proposes Big Changes to Disability Regs, Minor Revisions for Vets

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Five months after Executive Order (EO) 11246 was revoked, the Office of Federal Contract Compliance Programs (OFCCP) has proposed revisions to its implementing regulations, including changes to affirmative action and data...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP proposes regulatory changes to reflect Administration’s policies

Spoiler: Section 503 takes center stage. The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights: • Executive Order...more

Seyfarth Shaw LLP

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

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On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and...more

Whiteford

Employment Law Update: Supreme Court Clarifies Scope of ADA Employment Protections

Whiteford on

The Americans with Disabilities Act (ADA) imposes a general requirement on employers with fifteen or more employees to refrain from discriminating against qualified individuals on the basis of a disability. For those covered...more

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

Miller Starr Regalia

Anti-Discrimination And Disability Rights In Real Estate: Past, Present, And Future

Miller Starr Regalia on

Despite decades of legislative progress, individuals with disabilities continue to face significant barriers in finding fair and accessible housing. From inaccessible design to unlawful denials of reasonable accommodations,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, 2025

Welcome to our fifth issue of The Academic Advisor for 2025.   In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2025

(Very!) hot off the press, the June Monthly Minute brings you up to speed on a new SCOTUS decision addressing retiree rights to sue under the ADA, proposed HIPAA security updates and Department of Labor guidance on...more

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

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

Venable LLP

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

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On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

Snell & Wilmer

Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?

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The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4,...more

Poyner Spruill LLP

U.S. Supreme Court Update: Recent Employment Law Decision

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On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services...more

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