News & Analysis as of

Regulatory Standards Americans with Disabilities Act (ADA)

Seyfarth Shaw LLP

Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

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A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person....more

McAfee & Taft

Oh Baby: Pregnant Workers Fairness Act final regulations now in effect

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On April 19, 2024, the Equal Employment Opportunity Commission published its final rule interpreting the Pregnant Workers Fairness Act. Today, the newly minted regulations went into effect....more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

Ballard Spahr LLP

DOJ Final Rule Sets Deadline for State and Local Governments’ Online Application Accessibility

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The Department of Justice’s (DOJ) final rule on the accessibility of web content and mobile apps under Title II of the Americans with Disabilities Act (ADA) goes into effect June 24, 2024. With limited exceptions, the rule...more

Davis Wright Tremaine LLP

EEOC Issues Final Regulations on the Pregnant Workers Fairness Act – Key Takeaways for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) unveiled final regulations and guidance on the new federal Pregnant Workers Fairness Act (PWFA). The final regulations and guidance contain detailed guidance to help...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Final Regulation on Pregnant Workers Fairness Act

Aids Implementation of Civil Rights Law Expanding Protections and Accommodations for Pregnant Workers - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule to implement the...more

Manatt, Phelps & Phillips, LLP

DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take...more

Seyfarth Shaw LLP

W3C Adds Nine New Requirements In WCAG 2.2

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Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more

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

DOJ’s Proposed Website Rule for State and Local Governments Has Major Implications for the Private Sector

In August 2023, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) that would make the Web Content Accessibility Guidelines (WCAG) the standard for compliance for state and local governments...more

Seyfarth Shaw LLP

Hot off the Presses: DOJ Issues Proposed ADA Regulations For State and Local Government Websites

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Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more

Seyfarth Shaw LLP

Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

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Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing....more

Morgan, Brown & Joy, LLP

Website Accessibility: The ADA And Access In Cyberspace

This past decade has seen a growing trend in lawsuits filed by both individuals and advocacy groups against public and private entities claiming disability discrimination under the Americans with Disabilities Act (ADA) for...more

Burr & Forman

Department of Justice Plans to Amend ADA Title II Regulations for Websites

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The U.S. Department of Justice has announced plans “to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulation to provide technical standards to assist public entities in complying with their...more

Burr & Forman

Federal Appeals Court Chastises Cookie-Cutter ADA Title III Complaints and Tactics

Burr & Forman on

In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more

CDF Labor Law LLP

California Court Holds Digital-Only Websites Do Not Qualify As “A Place of Public Accommodation” Under The Unruh Act

CDF Labor Law LLP on

After an explosion of “website accessibility” cases in recent years where plaintiffs sue internet-based companies under Title III of the Americans with Disabilities Act (ADA) alleging that the websites are not accessible...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

FordHarrison

Standing in the Shoes of a Non-Injured Plaintiff

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On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who...more

Akerman LLP - HR Defense

Landmark ADA Case Leaves More Questions Than Answers on Website Obligations

Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court...more

Bradley Arant Boult Cummings LLP

Navigating Website Accessibility under Title III of the Americans with Disabilities Act

The trend toward conducting business online has gained even stronger momentum as the economy continues to adapt to the challenges of the COVID-19 pandemic. But an increased digital presence carries the potential for increased...more

Burr & Forman

ADA Title III Website Accessibility Lawsuits On The Rise

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The number of ADA Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately 11,000 ADA Title III lawsuits were filed in federal courts. ...more

Ward and Smith, P.A.

Website Compliance: Key Costly Legal Risks Every Business Should Consider

Ward and Smith, P.A. on

A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website design. During COVID, many companies were forced to digitize their entire...more

Brownstein Hyatt Farber Schreck

Circuit Courts Further Diverge on Website Accessibility

Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance - The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation...more

Cozen O'Connor

Eleventh Circuit Court of Appeals Refuses to Extend ADA Liability to Websites

Cozen O'Connor on

Title III of the Americans with Disabilities Act (ADA) requires that disabled persons have equal access to goods and services provided by any “place of public accommodation.” ...more

Seyfarth Shaw LLP

House Bill Introduced to Require Accessible Consumer Facing Websites and Mobile Apps

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Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more

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