ADA Litigation Over Website Accessibility Is Exploding
JD Supra
Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website interfaces with screen reader and hearing assistive technologies used by those with visual and hearing disabilities. This innocent oversight can invite expensive litigation. For example, the National Federation of the Blind successfully certified a class of disabled individuals who could not access the Target website. The result was a $6 million settlement and the retailer’s commitment to make its website accessible to individuals using assistive technologies.
Recently aggressive demands have been made on companies of all sizes and types. All companies with websites used to sell services or products are at risk. Indeed, a handful of law firms have sent hundreds, if not thousands, of letters to private businesses alleging that their websites are not accessible to disabled individuals and, therefore, in violation of Title III of the Americans with Disabilities Act (ADA). Burdensome demands have been made and dozens of lawsuits have been filed, and many more are expected. Often, the demands and lawsuits also include breach of privacy claims.
Hotels, bars, restaurants face waves of ADA compliance lawsuits
Phoenix Business Journal
Scores of hotels, motels, restaurants and bars in Arizona, Southern California and other U.S. regions are facing hundreds of lawsuits related to alleged violations of the Americans with Disabilities Act.
Many of the legal claims against hotels and motels are related to pool lifts, or the lack thereof, for disabled guests.
Discrimination Laws Apply to Federal Disabled Workers and Independent Government Contractors
Texas Lawyer
In a case of first impression, Chris Pittard and Dara Smith both help convince the U.S. Court of Appeals for the Fifth Circuit that a seminal employment law meant to protect the rights of the federal disabled workers should also be applied to independent government contractors.
Uber Boston annouces partnership with disability advocates
BetaBoston
Uber Boston, facing criticism that it offers only limited service to people with disabilities, has agreed to work with advocates on improving the accessibility of the ride-hailing service.
The Uber Boston Disability Coalition, announced Thursday, includes the Disability Law Center, the Disability Policy Consortium, and the Boston Center for Independent Living.
Gay and Deaf desert residents: It's not a disability
The Desert Sun
You may not have noticed, but almost every time you’re out on the town for theater, movies, dining, and socializing at the local watering holes, there are probably Deaf folks nearby. It’s true: a sizable, active, deaf, LGBT community thrives in the Coachella Valley.
Ex-worker with disability accuses HD Supply of discrimination
The Louisiana Record
A man alleges his former employer, HD Supply, fired him after he was injured on the job.
Timothy Randall filed a lawsuit Jan. 28 in U.S. District Court for the Eastern District of Louisiana against HD Supply Inc., alleging violations of the Americans with Disabilities Act and the Civil Rights Act of 1964, defamation and discrimination laws.
According to the complaint, Randall suffered a back injury while working for HD Supply in April 2014, causing chronic pain. After the injury, Randall alleges his supervisors criticized his work performance and accused him of stealing. The suit claims his firing was a result of the disability caused by the back injury, as well as his previous complaints of racial and disability discrimination. Randall, an African-American, claims HD Supply has falsely told other potential employers he stole from the store.
Randall seeks a jury trial, an injunction to stop the discriminatory conduct, back and front pay, punitive damages, interest and litigation costs. He is represented by attorney of Galen M. Hair of Varadi, Hair & Checki LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-00744
Marysville settles traffic accident suit for $30000
Appeal-Democrat
The Bretts, who lived in the 1100 block of East 22nd Street, alleged the closest crosswalk at the northeast corner of East 22nd and Del Pero streets was in a "dangerous condition."
They alleged it "provided no sidewalk access by way of ramping between the street and sidewalk, thus eliminating access by anyone who was disabled requiring a wheelchair or scooter transport," according to the suit.
Last year, the city asked Yuba County Judge Stephen Berrier to dismiss the case.
In a decision last May, Berrier said the Bretts had "raised triable issues of fact as to whether there was a dangerous condition of public property and whether the dangerous condition was a proximate cause of (Frances Brett's) injuries."
At issue was a lack of ramp accessibility for the disabled on East 22nd Street.
In his opinion, Berrier said the city "was on notice as of 2003, when it approved the Cheim Meadows development, that the ramping was insufficient to permit a disabled person to safely cross at the intersection."
The city was also on notice since 1990, when the Americans with Disabilities Act was implemented, that its intersections "were insufficiently ramped, and, thus, disabled persons were unable to cross safely."
What Is the ADA and Why Should You Care About It?
JD Supra
The Americans with Disabilities Act, commonly known as the ADA, is considered one of the most important pieces of civil rights legislation for people with disabilities. Passed in 1990 and amended in 2008, the ADA attempts to provide equal opportunities for people with disabilities in all facets of public life.
The ADA is divided into several sections. Title I requires employers with at least 15 employees to provide people with disabilities with reasonable accommodations for their disabilities, and it prevents employers from discriminating against people with disabilities during the hiring and promotional processes.
Title II of the ADA mandates that state and local governments provide equal opportunities for people with disabilities in all state programs, including education, health care and social services. This portion of the ADA is frequently used to force states to provide equal access to health insurance, like Medicaid, and other means-tested state programs. Title II also calls for accessible public transportation and sets standards for new accessible public transportation vehicles.
Title III prevents exclusion and discrimination in public accommodations like stores, restaurants and hotels. This portion of the ADA also applies to private corporations that provide transportation services, like airlines and bus companies. The regulations implementing this section of the ADA go into great detail about how buildings should be designed or retrofitted to allow access for people with disabilities.
Finally, Title IV requires phone companies and broadcasters to provide closed captioning and telephone relay services, which allow persons with hearing or speech disabilities to place and receive telephone calls.
Since its passage, the ADA has provided people with disabilities with an avenue to challenge discriminatory treatment throughout society and it has been incredibly successful. In 2008, the ADA was amended to clarify just who is considered "disabled" under the Act, broadening the category of people eligible for protection.
People with special needs have used the ADA to challenge a variety of state laws and regulations that have targeted disability benefits and other programs for people with special needs, and the law has made most public buildings and vehicles much more accessible, so even if you never have to file a complaint under the ADA, you probably benefit from it in a variety of ways.
Zika Threat: What Employers Should Not Do
Successful Meetings
Forbidding travel or requiring quarantines and medical evaluations are discouraged