By Kristina M. Launey, Minh 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. Egan, Julia 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. LauferBy 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