Settlement Agreements:
·The Stop & Shop Supermarket Company LLC
In a federal settlement, Stop & Shop Supermarkets agreed to address accessibility issues at check-out aisles at all of its 400 stores and bring them into compliance with the American with Disabilities Act (ADA).
Stop & Shop also agreed to pay $6,500 to the Complainant and a $25,000 civil penalty to resolve the issue.
The agreement follows an investigation and findings by the U.S. Attorney’s Office of Rhode Island under Title III of the ADA, which prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.
·The Place of Antiques
Distance prof had to walk between classes supports Rehab Act claims
An English professor whose ability to walk was limited by an on-the-job injury and arthritis, and who requested accommodations that included having classrooms scheduled close to one another, will proceed with two Rehabilitation Act claims, a federal district court in Maryland ruled. The remainder of her claims, including claims under the ADA and the Maryland Fair Employment Practices Act, however, were dismissed based on a variety of procedural flaws, including failure to exhaust administrative remedies and untimeliness. The defendants' motion to dismiss was granted in part. ( Edwards v Montgomery College, DMd, October 9, 2018, Chuang, T.)
State Court Asked to 'Weigh In' on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law
Lexology
On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. 17, 2018), not only affects employers within Washington state but also could have serious consequences for employers operating in the Ninth Circuit (Washington, Oregon, California, Arizona, Nevada, Idaho and Montana) and throughout the country as federal appeals courts continue to “weigh in” on whether and to what extent obese job applicants and employees are entitled to protective treatment under the law.
Back to Basics: A beginner's ADA road map
HR Dive
The ADA protects employees and applicants with disabilities from discrimination in the workplace, and employers must train managers to properly implement its requirements.
First Website Accessibility ADA Lawsuits Hit Minnesota Courts
Lexology
As reported in the Pioneer Press, a disabled plaintiff has filed lawsuits against Carver County, Chanhassen and Norwood Young America, alleging that non-accessible websites violate the Americans with Disabilities Act (ADA), Rehabilitation Act and other laws. Although these website accessibility ADA lawsuits are common in states such as New York, Florida, Pennsylvania and California, this is the first known case to be filed by a Minnesota plaintiff in a Minnesota court.
Although the law is not entirely clear, the following actions will reduce your risk of getting sued:
- Improve the accessibility of your websites and apps. Use the WCAG2.0[2.1]AA as a guide.
- Consider engaging an experienced website accessibility consultant to help you. Your results will be better, and engaging an independent third party consultant will provide a stronger legal defense if you are sued.
- Adopt, post and follow an appropriate accessibility statement.
- Continue to monitor and improve accessibility to avoid backsliding as you post new content.
- Offer an alternate method of obtaining information, such as a 24/7 telephone line.
- Require all technology vendors to warrant the accessibility of the items they provide.
- Designate an “Accessibility Coordinator” to oversee your effort.
- If you are sued or receive a demand letter regarding website accessibility, seek legal counsel and investigate whether you can shift the risk to an existing insurer or to a vendor who provided the website or app.
Latest DOJ Statement On Website Accessibility Provides No Definitive Site Map For Businesses
Lexology
At the end of September 2018, the U.S. Department of Justice (DOJ) responded to a June letter sent by 103 members of the U.S. House of Representatives asking it to take steps to stop the flood of lawsuits being filed against businesses over their alleged failure to make their websites sufficiently accessible to individuals with disabilities. While the DOJ’s letter does little to clarify what is expected of businesses, gives little reason to expect any regulatory action soon, and offers nothing to stem the tide of private lawsuits, it does provide some insight as to the DOJ’s current stance on approaches and limits to website accessibility. In the meantime, private demands and lawsuits will continue to run amok.