News & Analysis as of

Reasonable Accommodation Title III

Miles & Stockbridge P.C.

Highlights from the 2024 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 22nd annual Hot Topics in Employment Law seminar April 11 to clients from throughout Maryland and beyond....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

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Jackson Lewis P.C. on

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

Bradley Arant Boult Cummings LLP

Is the Office Going to the Dogs? “Ruff” Questions on Service and Emotional Support Animals

Can you have a no pets at work policy? What if an employee has a service dog? What if it is an emotional support dog? As with all things legal (and ADA), it depends, and you should give some thought and engage in an...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

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

Foley & Lardner LLP

Michigan Federal Court Denies Employee’s Attempt to Stave off Termination for Failing to Receive COVID-19 Vaccine on Religious...

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A recent court decision bolstered the position of employers who take a strict position on enforcing COVID-19 vaccine mandates. Specifically, on January 3, 2022, the U.S. District Court for the Eastern District of Michigan...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

Fisher Phillips on

The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

Burr & Forman

Labor & Employment E-Note - August 2021

Burr & Forman on

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately...more

Mitratech Holdings, Inc

Service Animals in the Workplace

Service animals fulfill a vital function for their handlers. They allow people who have disabilities that substantially limit one or more major life areas to function independently....more

Verrill

Public Accommodation Laws and Vaccination Inquiries

Verrill on

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and...more

Jackson Lewis P.C.

What Does The CDC’s Latest Mask Guidance Mean For Businesses Open To The Public?

Jackson Lewis P.C. on

The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...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

Rumberger | Kirk

Remain Mindful Of ADA Mask Policies

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Protecting customers and employees during the COVID-19 pandemic is now, more than ever, a top concern for retail businesses. Many retailers have instituted mandatory face mask policies pursuant to federal and state...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

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

Seyfarth Shaw LLP

Mask Policies Put Businesses Between A Rock And A Hard Place

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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

Tarter Krinsky & Drogin LLP

Service And Emotional Support Animals In Office Buildings In New York City

What rights do employees of tenants or other occupants of office buildings have to bring service animals and emotional support animals into New York City office buildings? What rules and restrictions can the owners of office...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

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

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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

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