By Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot.
Continuing the trend discussed in our 2022 blog posts here and here, the number of lawsuits filed in federal courts alleging violations of Title III of the
Continue Reading 2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline
By Minh N. Vu
Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness.
In an unexpected and bizarre turn of events, Deborah Laufer, the plaintiff in the much-watched Acheson v. Laufer case pending before the U.S. Supreme Court (“SCOTUS”), has decided to dismiss that
Continue Reading SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All
By Janine E Raduechel and Holger G. Besch
Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow.
On June 16th, the United States Court of Appeals for the Tenth Circuit brought down a case that
Continue Reading The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act
Seyfarth Synopsis: The Pregnant Workers Fairness Act (“PWFA”) creates new rights to reasonable accommodation for employees and applicants who have physical or mental conditions arising from pregnancy, childbirth or related medical conditions.
Currently, existing law provides only for limited accommodation rights to employees based on pregnancy/potential intended pregnancy, childbirth, etc. The PWFA expands accommodation rights for
Continue Reading The Pregnant Workers Fairness Act Goes Into Effect on June 27 – Is Your Workplace Ready?
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 JudgmentBy 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