By Linda C. Schoonmaker and Elizabeth L. Humphrey

Seyfarth Synopsis: Hospitals spend copious amounts of time developing hiring systems to ensure that the most-qualified applicants are selected for jobs in the healthcare field. The lives of millions of Americans depend on a hospital’s ability to provide access to knowledgeable healthcare providers, which ensures excellence in patient care. EEOC v. Methodist

Continue Reading Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth Circuit Says

Seyfarth Synopsis: Please join attorneys from Seyfarth’s Labor & Employment group for part three of a micro-webinar series addressing important legal issues and considerations for health care employers across the Bay State.

This program will focus on the obligations health care employers owe to members of the public who seek access to their facilities under Title III of the

Continue Reading Micro-Webinar Series — Hot Topics in Employment Law for Massachusetts Health Care Organizations: Part 3: ADA Title III / Public Accommodation

By Michael C. Addy and Pamela Vartabedian

Seyfarth Synopsis:  On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service .  The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that the Americans with Disabilities Act (“ADA”) does not require employers to immediately tell employees of approved possible

Continue Reading “Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances

By Minh N. Vu

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.

Lawsuit Numbers. Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it became apparent that the

Continue Reading ADA Title III Crystal Ball: What’s Ahead for 2023?

By David Rowland and Sarah Bauman

Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against the EEOC at the motion to dismiss stage, with two exceptions.  Most notably, the EEOC was permitted to pursue

Continue Reading Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment

By Minh N. Vu

Seyfarth Synopsis:  The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction.

In a precedent setting, 35-page opinion, the California Court of Appeals yesterday closed the door on California lawsuits brought against online only businesses, agreeing with the U.S. Court of
Continue Reading Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals

By Adam R. YoungA. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. CurtisBrent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: The WHO and the CDC have updated statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”
Continue Reading UPDATED: The U.S. Joins WHO, Declaring Monkeypox a Public Health Emergency

By Minh N. Vu  and Kristina M. Launey

Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California.

The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings.
Continue Reading 2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 2021

By Erin Dougherty Foley and Kimberly Shen, Summer Fellow

Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple sclerosis. In rejecting the plaintiff’s claims, the Court’s decision points to the importance of employers having
Continue Reading Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy

By Adam R. YoungA. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. CurtisBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: The WHO and the CDC issued statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”

On July 23, 2022, the
Continue Reading WHO Declares Monkeypox Disease a Public Health Emergency of International Concern