By: Dena Moghtader and John Phillips
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to accommodate—without the employee having to prove any other independent injury or harm. The decision makes clear the
Continue Reading Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate ClaimBy: Tatiana Sterling, Ashley Casey, Marlin Duro-Martinez, and William Perkins
The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with Disabilities Act (“ADA”). The Second Circuit followed the trend set by the First, Fifth, Sixth
Continue Reading The New Standard for Reasonable Accommodations in the Second Circuit
Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.
Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location
Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA
By Ashley Jenkins and Kristina Launey
Seyfarth Synopsis: A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person.
The football season is well underway, and a recent decision from a federal California Court
Continue Reading Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court RulesBy: Lukas Huldi (senior fellow) and Erin Dougherty Foley
Seyfarth Synopsis: The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA – clarifies the standard for employers.
The Seventh Circuit Court of Appeals released a decision
Continue Reading Seventh Circuit: A “Do-Over” Is Not an Accommodation
By Suzanne L. Saxman and Breanne E. Vaclavik
Seyfarth Synopsis: On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting Frequently Asked Questions (FAQs) that Seyfarth’s CTA Task Force has covered in the past. Key updates include clarifications on who
Continue Reading FinCEN’s October 2024 Beneficial Ownership Information FAQ Update
By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court.
The Chief Judge Laura
Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases
By the Seyfarth ADA Title III Specialty Team
Seyfarth Synopsis: In honor of today’s 34th anniversary of the passage of the ADA, Seyfarth’s ADA Title III Specialty Team re-shares our videos illustrating 30 tips for how to provide great service to people with disabilities.
Celebrate the 34th Anniversary of the ADA with a video refresher on tips
Continue Reading Commemorating the ADA’s 34th Birthday with our 30 Tips on How to Better Serve Customers with DisabilitiesBy Kristina M. Launey and Minh N. Vu
Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.
After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%. The total number of lawsuits filed in federal court alleging that plaintiffs with a disability
Continue Reading Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023
By Kristina Launey and John W. Egan
Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA.
On May 22, 2024 the Department of Justice (“DOJ”) published a Small Entity Compliance Guide to help people who work for or with state
Continue Reading DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility