On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020).  The decision is the first in almost 250 nearly identical cases filed in the Southern and Eastern Districts of New York since the fourth quarter of 2019, and may be persuasive authority for other judges faced with similar claims. In the past few days, Judge Woods dismissed half a dozen Braille gift card cases based on the same legal theory, explaining that there are “virtually no difference[s]” between the cases, dismissing the claims “for all of the reasons identified in Banana Republic.”

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Photo of Joseph J. Lynett Joseph J. Lynett

Joseph Lynett is a Principal in the White Plains, New York, office of Jackson Lewis P.C. and  and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group. His practice focuses on assisting clients in meeting the legal and practical challenges…

Joseph Lynett is a Principal in the White Plains, New York, office of Jackson Lewis P.C. and  and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group. His practice focuses on assisting clients in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, as well as disabled students and members of the public. Joe provides imaginative and creative solutions to the complex array of workplace disability and health management issues faced by both large and small companies.

Learn more about Joe Lynett on the Jackson Lewis website.

Photo of Rebecca M. McCloskey Rebecca M. McCloskey

Rebecca is a tenacious advocate and litigator who loves trial work and oral argument. She had an early awareness of workplace issues through her undergraduate studies in the Cornell School of Industrial and Labor Relations. After many years of practicing employment law, she…

Rebecca is a tenacious advocate and litigator who loves trial work and oral argument. She had an early awareness of workplace issues through her undergraduate studies in the Cornell School of Industrial and Labor Relations. After many years of practicing employment law, she has keen sense of common issues that arise and strives to provide sound, thoughtful advice to protect her clients’ interests and help them avoid litigation.

When litigation is unavoidable, however, Rebecca is prepared to zealously defend her clients. Recent successes include a defense verdict after a two-week jury trial in a sexual orientation hostile work environment case in S.D.N.Y. in 2021; dismissal of an S.D.N.Y. Equal Pay Complaint at summary judgment after oral argument in 2021; dismissal of an AAA Complaint after a week-long arbitration hearing and post-trial briefing in 2020; and dismissal of a claim pending in N.Y.S. Division of Human Rights after a four-day public hearing in 2022.