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

By Samantha L. BrooksKarla Grossenbacher, and A. Scott Hecker

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information.  Employers continue to face these
Continue Reading In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As Employers Return Employees To The Workplace

By Jennifer L. Mora

Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
Continue Reading Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

By Ashley S. Jenkins and Minh N. Vu

Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far.

In the past few years, a dozen or so plaintiffs represented by a handful of law firms have sued many hundreds of hotels for allegedly not providing enough accessibility information about their accessible
Continue Reading A Status Update on Hotel Reservations Website Lawsuits