Is your company's website accessible to the disabled? You'd better hope so
Los Angeles Times
The Americans With Disabilities Act produced tangible benefits. Signed into law by President George H. W. Bush in 1990, the ADA banned employment discrimination against the disabled and eliminated unnecessary physical barriers to commercial and government buildings. But in the quarter-century since it was enacted, the law has also had countless unintended consequences — mutating definitions of what constitutes a physical or mental disability, senseless mandates, astronomical compliance costs for business owners and, perhaps most damaging of all, waves of abusive litigation.
Indeed, ADA lawsuits are now as common as sex-discrimination lawsuits, with more than 26,000 new claims filed against employers each year. The latest litigants have their sights on the most innovative segment of our domestic economy: e-commerce.
Retailers Selling Goods Through the Internet Face 'Digital Access Barrier’ Litigation Under the ADA
Lexology
Plaintiff class-action lawyers in Massachusetts have filed recent lawsuits in federal court under Title III of the Americans with Disabilities Act (ADA Title III) against retailers who sell goods through their websites. Out of state lawyers have also filed lawsuits against Massachusetts businesses on the same basis. The majority of these lawsuits do not attempt to certify a class action, but do seek to alter retailers’ practices, recover attorneys’ fees and costs, and potentially influence the Department of Justice to seek class-wide like relief against offending retailers. These lawsuits allege that retailers’ websites do not comply with ADA Title III and certain related regulations (ADA Regulations). The lead plaintiffs in these Massachusetts actions are Access Now, Inc. and certain named members. Access Now asserts that it is a non-profit organization advocating for disabled individuals, including those who are blind. Access Now and its members have brought similar lawsuits in other states. In addition to Access Now, there are a number of other plaintiff-advocates filing similar lawsuits around the country. Keeping in mind that state lines are no barrier to websites or the lawsuits that are pursuing them, in order to reduce risks, retailers should consider having their websites evaluated in order to assess compliance with ADA Title III and similar disability-rights laws, even if they do not perceive risks from Massachusetts-based advocates.
UPS Must Turn Over 'Relevant' Medical Process Data to EEOC
Bloomberg BNA
United Parcel Service Inc. must turn over to the EEOC information about how it stores and discloses its employees’ medical information, a federal appeals court ruled ( EEOC v. United Parcel Serv. , 2017 BL 195905, 6th Cir., No. 16-2132, 6/9/17 ).
The data would help to shed light on a pending EEOC charge in which a UPS employee alleges improper disclosure of his private health information in violation of the Americans with Disabilities Act, the U.S. Court of Appeals for the Sixth Circuit said June 9. The Equal Employment Opportunity Commission has a broad right to employer information that’s “relevant” to a bias charge filed with the agency, the court said.
The decision is a victory for the EEOC on access to employer information. The Sixth Circuit endorsed a “generous” reading of what information is “relevant” to a discrimination charge. It follows a recent Ninth Circuit ruling that said courts deciding if the information sought is relevant should interpret that term broadly in favor of the EEOC.
Helpful canines: service or support?
Pueblo Chieftain
According to the ADA National Network, the Air Carrier Access Act requires airlines to allow service animals and emotional support animals to accompany their handlers in the cabin of the aircraft.
Airlines may ask to see identification cards, written documentation, presence of harnesses or tags or ask the individual with a disability for evidence that an animal is a service animal.
The ADA National Network said individuals who travel with emotional support animals or psychiatric service animals may need to provide specific documentation to establish that they have a disability and the reason the animal must travel with them.
Different airlines have different requirements, and it is advised to consult with an airline about their policies before flying.