To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more
To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more
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
7/24/2023
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability ,
Employer Liability Issues ,
Gender Dysphoria ,
Gender Identity ,
LGBTQ ,
Public Accommodation ,
Reasonable Accommodation ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title I ,
Title III ,
Transgender
The U.S. Equal Employment Opportunity Commission (EEOC) recently published updated guidance titled, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the Guidance), explaining how the Americans...more
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more
Last week, in Winegard v. Newsday LLC, the U.S. District Court for the Eastern District of New York issued a decision that may finally tee up the issue of website accessibility to be directly addressed by the Second Circuit...more
After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places...more
For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more
11/19/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Class Action ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Entertainment Industry ,
Gift-Cards ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Standing ,
Subject Matter Jurisdiction ,
Theater Productions ,
Title III
While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more
11/7/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market