By Ashley S. Jenkins and Kristina M. Launey

Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.

It is a common misconception

Continue Reading Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

By Minh N. Vu

Seyfarth Synopsis: The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions. 

The U.S. Department of Justice (DOJ) announced yesterday the issuance of a Final Rule which requires the websites

Continue Reading DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

By Kristina Launey and Ashley Jenkins

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind.

On February 8, 2024, the U.S. Court of Appeals for the Ninth Circuit approved a federal trial court’s certification of two classes of plaintiffs to proceed against LabCorp regarding the

Continue Reading Ninth Circuit Green Lights Kiosk Accessibility Class Action

By Minh N. Vu and Lotus Cannon

Seyfarth Synopsis:  Federal court in New York reaffirms that reading information aloud to customers who are blind or low vision is still an acceptable auxiliary aid or service and retailers do not have to offer accessible goods.

On January 30, 2024, U.S. District Judge Rachel Kovner of the Eastern District of New York

Continue Reading Federal NY Court Says Retailers Are Not Required to Have Digital Labels on Products

By Kristina M. LauneyMinh N. Vu, and Susan Ryan

Seyfarth Synopsis: In 2023, the number of ADA Title III lawsuits filed in federal court declined but still exceeded 8,200 for a second year in a row.

From 2013 to 2021, federal court ADA Title III case filings climbed steadily to a staggering 11,452 in 2021.  The number

Continue Reading Plaintiffs Filed More than 8,200 ADA Title III Federal Lawsuits in 2023

By Kristina Launey and John W. Egan

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well.

The EEOC recently published an article, Providing an Accessible Workplace, which while directed at federal agencies also includes important guidance for private employers as well.  As the nation’s largest employer, the federal

Continue Reading Employers Should Take Note Of New Federal Workplace Accessibility Guidance

By John W. EganJulia N. Sarnoff and Minh N. Vu

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility.

On October 5, 2023, the Worldwide Web Consortium (W3C) issued Version 2.2 of the Web Content Accessibility Guidelines (WCAG).  Version 2.2 is the third

Continue Reading W3C Adds Nine New Requirements In WCAG 2.2

By Minh N. Vu and John W. Egan

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar.

This week, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the

Continue Reading SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer

By Minh VuKristina 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