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 Adam R. Young, A. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. Curtis, Brent 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. Young, A. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. Curtis, Brent 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. Brooks, Karla 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 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
By Matthew J. Gagnon and Sarah K. Bauman
Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of employees who engage in EEO protected activity. Key for employers are the numerous examples of what the EEOC deems retaliation in this
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.
As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement